NOTE: Though this guidance was rescinded via an interim final rule published on September 29, 2025 (90 FR 46509, 46517), it remains in effect due to a stay order issued by the U.S. Court of Appeals for the District of Columbia on November 13, 2025.  The order prevents the interim final rule from taking effect until further notice.  Accordingly, the applicable regulations and guidance that were in effect immediately prior to issuance of the rule are in effect until further notice.

FMCSA-CDL-383.23-FAQ001(2023-05-08)

Question: May a State Driver’s Licensing Agency (SDLA) issue a non-domiciled CLP or CDL to an individual who is present in the United States under the Deferred Action for Childhood Arrivals (DACA) immigration policy as a citizen of Mexico?

Guidance: Yes. An SDLA may issue a non-domiciled CLP or CDL, using procedures under 49 CFR § 383.73(f)(2), to individuals who are citizens of Mexico and present in the United States under the DACA immigration policy and have obtained DACA status, provided that the applicants meet the requirements of 49 CFR § 383.71(f)(2) and do not hold, and have never held, a Licencia Federal de Conductor issued by Mexico.

Contact Info:  FMCSA Commercial Driver’s License Division, CDLcompliance@dot.gov

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Note: This guidance document does not have the force and effect of law and is not meant to bind the public in any way.  It is intended only to provide information and clarity regarding existing requirements under the law or agency policies.