Texas drops ban on commercial drivers licenses for temporary farm workers 

Texas Department of Public Safety restores non-domiciled CDL processing for foreign agriculture workers

Texas’ has received federal approval to resume issuing commercial drivers licenses to temporary agricultural workers across the state. (Photo: Jim Allen/FreightWaves)

The Texas Department of Public Safety has resumed issuing non-domiciled commercial driver’s licenses and learner permits to temporary agricultural workers after receiving federal approval under revised U.S. Department of Transportation rules.

The move, announced Monday, allows individuals with H-2A agricultural worker visas to once again obtain commercial driving credentials in Texas, effective Monday.

The reopening comes less than three months after new Federal Motor Carrier Safety Administration (FMCSA) regulations sharply narrowed eligibility for non-domiciled CDLs, limiting them to holders of H-2A, H-2B and E-2 visas. 

Texas officials said the state currently has authorization to process only H-2A CDL and commercial learner permit applications, while guidance for H-2B and E-2 visa holders is expected later.

Applicants seeking a non-domiciled CDL must appear in person at a DPS driver’s license office and provide an unexpired foreign passport, visa documentation and proof of H-2A status. Under federal rules, the licenses cannot be valid for more than one year.

DPS also removed the Spanish language option for CDL tests following changes in federal requirements.

Texas suspended issuance of non-domiciled CDLs earlier this year while reviewing compliance with updated federal requirements. Several other states, including California, Washington, Colorado and Pennsylvania, have also paused or reassessed their non-domiciled CDL programs amid concerns over federal compliance standards and the potential loss of highway funding.

The announcement comes as federal officials intensify scrutiny of non-domiciled CDL programs nationwide. Transportation Secretary Sean Duffy recently ordered a nationwide audit of state-issued non-domiciled CDLs, while FMCSA has tightened documentation requirements and eligibility standards for foreign-born commercial drivers.

Eight other U.S. states that have received federal approval to resume issuing non-domiciled CDLs include North Dakota, South Dakota, Iowa, Delaware, Utah, Rhode Island, Minnesota, and New Jersey.

The scope of the change is significant. FMCSA estimates there are approximately 200,000 non-domiciled CDL holders nationwide, including between 6,000 to 9,600 in Texas.

FMCSA projects that about 194,000 of them — 97% of the current total — will be unable to renew under the new rule. As existing licenses expire, the agency expects the non-domiciled CDL population to plunge from roughly 200,000 drivers today to about 6,000 in the coming years.

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Noi Mahoney

Noi Mahoney is a Texas-based journalist who covers cross-border trade, logistics and supply chains for FreightWaves. He graduated from the University of Texas at Austin with a degree in English in 1998. Mahoney has more than 20 years experience as a journalist, working for newspapers in Maryland and Texas. Contact nmahoney@freightwaves.com