New York has become the latest target in the U.S. Department of Transportation’s crackdown on illegally issued non-domiciled commercial driver’s licenses.
At a Dec. 12 press conference, DOT Secretary Sean Duffy and Derek Barrs, head of the Federal Motor Carrier Safety Administration, outlined the reasons they view the Empire State as the “worst offender” in the United States.
The two officials said there are approximately 32,000 active non-domiciled CDLs issued by New York, and out of 200 sampled records during FMCSA’s audit, 107 were issued in violation of federal law.
A failure rate of more than 53% suggests that nearly 17,000 non-domiciled CDLs were improperly issued by New York. Without immediate corrective action, the state risks losing about $73 million in federal highway funding.
“When more than half of the licenses reviewed were issued illegally, it isn’t just a mistake — it is a dereliction of duty by state leadership,” said Duffy.
Barrs provided two specific examples at the press conference. In one case, a driver was issued a non-domiciled CDL in February with an expiration date of May 2032, even though their work authorization expired in May 2025. In another case, a driver was issued a CDL in September despite having a work authorization that had already expired, indicating the person should have been considered undocumented.
“These are not isolated incidents. They reflect two systematic failures in the New York licensing program,” Barrs said.
DOT blamed New York for having its DMV systems programmed to issue eight-year licenses to foreign drivers for non-REAL ID licenses, regardless of when their legal status expired. It ordered the state to revoke every illegally issued license held by foreign drivers and to pause the issuance of all new, renewed, transferred, or upgraded non-domiciled CDLs or commercial learner’s permits.
In response, New York state DMV spokesman Walter McClure accused Duffy of lying.
“Here is the truth: Commercial driver’s licenses are regulated by the federal government, and New York state DMV has, and will continue to, comply with federal rules,” McClure said in a statement. “Every CDL we issue is subject to verification of an applicant’s lawful status through federally issued documents reviewed in accordance with federal regulations. This is just another stunt from Secretary Duffy, and it does nothing to keep our roads safer. We will review U.S. DOT’s letter and respond accordingly.”
During the press conference, Duffy addressed how the non-domiciled CDL issue was initially created to assist U.S. citizens from one state who move to another.
“This law has been contorted and has now been applied to people who are foreigners coming into the country,” said Duffy. He also downplayed a reporter’s question about accusations from New York and other states, including Pennsylvania, that issues with federal immigration databases are to blame for the CDLs in question.
Duffy maintained that the states singled out by DOT have not taken basic steps to verify applicants’ legal status. He accused the governors of these states of trying to “dodge, divert, and weave,” when they should instead “take responsibility for what you have or haven’t done, and then fix it.”
He referenced California’s decision to revoke 17,000 improperly issued non-domiciled CDLs as evidence that FMCSA’s audits were accurately uncovering illegally issued non-domiciled CDLs.
Duffy also criticized Gov. Gavin Newsom for refusing to take additional action to ensure commercial drivers can understand English. Several hours after these remarks, California filed a lawsuit against DOT for withholding federal funding over the English language proficiency issue.
Following the press conference, the Owner-Operators Independent Drivers Association issued a statement of support for the Trump administration’s actions.
“For too long, loopholes in this program have allowed unqualified drivers onto our highways, putting professional truckers and the motoring public at risk. Secretary Duffy and FMCSA Administrator Barrs are embracing policies that prioritize the needs of professional truckers and roadway safety,” said OOIDA President Todd Spencer.
Separately, the Texas Trucking Association issued a social media alert confirming that Texas has not issued any new non-domiciled CDLs since Sept. 29, and that the state’s Driver License Division is reviewing all applications and lawful status documentation for non-domiciled CDLs.
Any licenses found to have been issued outside federal requirements will be cancelled immediately. Texas was among the states threatened with loss of federal funding earlier this year for issuing illegal non-domiciled CDLs.
