Johnson Cracks Down on Illegal Licensing for Migrants

Washington, D.C. – U.S. Representative Dusty Johnson (R-S.D.) cosponsored the Non-Domiciled CDL Integrity Act to strengthen commercial driver’s licensing (CDL) requirements for legal immigrants in the United States with a work authorization or visa. South Dakota was recently found to be non-compliant with Federal Motor Carrier Safety Administration (FMCSA) rules due to giving non-American citizens a CDL with an expiration date beyond their legal stay in America.

“I was surprised to learn South Dakota was not in compliance,” said Johnson. “That’s why I am helping to lead legislation to ensure every state abides by these rules to make sure those who are here illegally or past their legal stay don’t have a valid government-issued ID. Our roads must be safe, and our immigration laws must be followed.”

“We appreciate Congressman Johnson’s leadership in advancing commonsense reforms that strengthen the integrity of the commercial driver licensing process,” said Christine Erickson, President, South Dakota Trucking Association. “The Non-Domiciled CDL Integrity Act helps ensure that only individuals with lawful status and proper work authorization are operating on our nation’s roads. These standards protect public safety, uphold federal compliance, and reinforce trust in the commercial driver credentialing system that supports our industry and economy.”

Background:

On April 28, 2025, President Trump issued an executive order directing the Federal Motor Carrier Safety Administration (FMCSA) to review non-domiciled CDLs issued by states and take action. The rule and legislation come in response to an ongoing nationwide audit by the FMCSA revealing widespread non-compliance among state driver licensing agencies and a recent series of horrific, fatal crashes caused by non-domiciled CDL holders. California, Colorado, Pennsylvania, Texas, Washington, and South Dakota were found to be non-compliant.

This bill aligns closely with U.S. Department of Transportation’s Interim Final Rule titled “Restoring Integrity to the Issuance of Non-Domiciled Commercial Driver’s Licenses (CDLs).”

The Non-Domiciled CDL Integrity Act:

• Limits eligibility for non-domiciled CDLs to applicants with lawful immigration status and hold a work visa that is directly connected to a legitimate CDL job.
• Requires state verification of lawful status prior to issuance of non-domiciled CDLs.
• Caps non-domiciled CDL durations to one year or the applicant’s authorized stay, whichever is shorter.
• Requires record retention related to CDL issuance for no less than 2 years.

Click here for bill text.