WASHINGTON — Refugees who fled the war in Ukraine under the Uniting for Ukraine (U4U) program want the Trump administration to take their plight into account when enforcing new commercial driver’s license restrictions on foreign drivers.
The Federal Motor Carrier Safety Administration’s non-domicile commercial driver’s license interim final rule (IFR), which went into effect immediately when it was issued on September 29, has so far generated over 4,000 comments.
FMCSA said it will consider them and “determine whether to make any revisions to the rule” as a result. The deadline for submissions is November 28.
Unless FMCSA provides exemptions or contingencies to the rule, Ukrainians in the U4U program with legal CDLs and safe driving records are telling the agency that they will be unfairly kicked out of the industry.
“If the proposed CDL restrictions remove the ability for drivers under humanitarian parole to obtain or renew their licenses, people like me will lose our jobs overnight,” stated commenter Andrii Fedoryshyn, a U4U program participant currently living in the U.S.
“My wife and children will be left without support. Families who escaped war and destruction will be pushed into poverty – not because we did anything wrong, but because of a policy change that doesn’t take our unique situation into account.”
The U4U program was created in 2022 under the Biden administration to give Ukrainian citizens fleeing the war with Russia a way to come to the U.S. for up to two years, with the ability to apply for renewal extensions.
However, U4U participants who obtained their CDLs did so under the previous non-domiciled CDL regulation, using their Employment Authorization Document (EAD), which had been legally permitted.
But because the U4U program is not one of the three narrowly specified employment-based nonimmigrant categories – H-2A, H-2B, and E-3 – allowed under the new restrictions, the rule effectively eliminates their protection for working in the trucking industry, as they will be ineligible to renew their licenses when their current CDL expires.
“I came from Ukraine, worked as a truck driver, earned some money, bought my own truck and work as an owner,” said commenter Yuriy Mykytyuk. “I have two children, how should I continue to live? I arrived under the U4U program, I did not violate anything and I pay taxes. Please repeal the law of September 29.”
Mykhailo Kostiv, U4U participant with two children who were born in the U.S., told FMCSA that his trucking job is his family’s only source of income.
“Taking away our ability to renew or keep a CDL will not improve safety; it will only hurt families, reduce the number of professional drivers, and weaken the supply chain that America depends on every day,” Kostiv wrote.
The FMCSA acknowledges in the IFR that while U4U participants and other asylum seekers “may be eligible for employment in the United States,” they would not be eligible under the new rule to apply for a CDL or a non-domiciled commercial learner’s permit (CLP), arguing that their status is “not directly connected to a legitimate, employment-based reason to hold a CDL.”
A supporter of the rule agrees with the FMCSA that linking CDL validity to immigration “is both necessary and overdue to preserve the safety and integrity of the commercial transportation system,” the commenter wrote.
“In recent years, the industry has observed a concerning increase in roadway incidents involving drivers holding non-domiciled CDLs or temporary work permits, particularly among individuals who lack sufficient familiarity with U.S. traffic laws and regulations.
“As a carrier, I have adopted an internal policy not to employ drivers who cannot demonstrate adequate English language proficiency. The ability to read and comprehend English is critical for understanding traffic signage, communicating during roadside inspections, and complying with FMCSA regulations. Insufficient language proficiency directly compromises operational safety and increases the likelihood of preventable accidents.”
In addition to the new restrictions on non-domicile CDLs, asked FMCSA to consider requiring foreign-born individuals – along with all CDL applicants – to hold a standard Class C driver’s license for a minimum of five consecutive years before being eligible for a CDL.
“This measure would ensure that all commercial drivers have acquired adequate experience operating vehicles under U.S. roadway conditions before being entrusted with large commercial motor vehicles,” the commenter asserted.
