DACA Exemption Request to Be Reviewed by FMCSA

FMCSA Seeks Public Comments on DACA CDL Exemption Request

The FMCSA is seeking public comments on a request that could affect some recipients of the DACA program who want to obtain commercial driver’s licenses (CDLs). The request comes less than three months after a new FMCSA rule governing non-domiciled CDLs took effect nationwide. The agency has not decided on the request and is currently gathering public feedback as part of the federal exemption process.

The issue focuses on whether certain DACA recipients who have federal work permits should be eligible to obtain non-domiciled CDLs under current federal rules.

What is DACA?

DACA, or Deferred Action for Childhood Arrivals, is a federal program established in 2012. It provides temporary protection for certain individuals who were brought to the U.S. as children.

People approved for DACA may receive work permits that allow them to legally work in the U.S. for a limited time. However, DACA does not provide permanent legal status or U.S. citizenship.

According to the exemption application, the individual seeking relief currently holds a valid DACA-based Employment Authorization Document (EAD).

How Does the New FMCSA Rule Affect DACA Recipients?

The request is linked to a final FMCSA rule that became effective on March 16, 2026.

The rule updated requirements for non-domiciled CLPs and CDLs. Under the rule, applicants must provide documents showing lawful immigration status as defined by federal regulations.

According to the exemption application, the new requirements prevent DACA recipients from qualifying for non-domiciled CDLs, even if they are legally authorized to work in the U.S.

The rule has sparked discussion because it changed how states review some CDL applicants who may have qualified in the past.

Why Was the DACA Exemption Request Filed?

According to the notice, California resident Jenifer Sanchez Vilchis submitted an application requesting that the FMCSA grant an exemption from the current requirements.

The applicant states that California denied her application for a non-domiciled Class B CDL with Passenger and School Bus endorsements after the new rule took effect.

In her application, Sanchez Vilchis argues that granting the exemption would maintain the same level of safety required under the current rule. According to the filing, she completed CDL training five days a week for six hours per day, passed the General Knowledge, Passenger, and Air Brakes tests, and passed both the pre-trip inspection and road exams on her first attempt.

Sanchez Vilchis also states that she has lived in the United States since the age of one, earned three associate degrees and a bachelor’s degree with honors, and has no criminal record or traffic violations. She also argues that Class B CDL training has strict safety requirements because it involves transporting passengers.

FMCSA has not independently verified those claims and has not indicated whether it agrees with the applicant’s position.

Different Perspectives on the Issue

Supporters of the exemption may argue that individuals who hold valid federal work permits and complete all CDL training and testing requirements should have access to commercial driving jobs.

Some may also argue that allowing qualified DACA recipients to obtain CDLs could help fill needs in parts of the transportation industry.

Others support the current FMCSA rule and may argue that CDL eligibility should remain tied to the immigration status requirements established in federal regulations. They may view the rule as a way to apply the same verification standards across the country.

How the Exemption Process Works

Federal law allows FMCSA to grant exemptions from certain regulations if the agency determines that doing so would likely provide a level of safety equal to or greater than compliance with the current rule.

Before approving or denying an exemption, FMCSA must publish a notice in the Federal Register and allow the public to submit comments. The agency will review comments before making a decision.

Next Steps in the DACA CDL Exemption Case

After reviewing the application and public comments, FMCSA may approve the exemption, deny it, or place conditions on it.

The notice is scheduled to be published in the Federal Register on June 2, 2026. Once published, drivers, carriers, and other interested parties will be able to submit comments through the federal docket before FMCSA makes a final decision.