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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?

NOTE: This guidance was rescinded on September 29, 2025, and is no longer in effect. See 90 FR 46509, 46517 (September 29, 2025).

 

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.

Regulatory Topic: Commercial Driver’s License Standards; Non-domiciled Commercial Learner’s Permits and Commercial Driver’s Licenses
Effective Date: Monday, May 8, 2023
Issued Date: Monday, May 8, 2023