Some school district transportation departments and bus companies are wrestling with added workforce challenges in light of the federal issue involving non-domiciled Commercial Driver’s Licenses (CDL) along with changes and uncertainty surrounding Temporary Protected Status (TPS) for immigrants from several countries.
The combination appears to be hitting some transportation workforces particularly hard, especially in larger urban areas such as those in and around New York City.
On Sept. 26, U.S. Department of Transportation (U.S. DOT) Secretary Sean P. Duffy announced an emergency action to drastically restrict who is eligible for a non-domiciled commercial learner’s permits (CLPs) and CDLs. The rule, effective immediately, comes in response to an ongoing nationwide audit by the Federal Motor Carrier Safety Administration (FMCSA) and what the U.S. DOT described as a recent series of horrific, fatal crashes caused by non-domiciled drivers.
According to the U.S. DOT, FMCSA’s nationwide review of state processes for issuing non-domiciled CDLs uncovered what it deemed systemic non-compliance across several states, including California, Colorado, Pennsylvania, South Dakota, Texas, and Washington. U.S. DOT said the rule also targets programming errors and what it calls weak quality assurance as well as insufficient staff training that led to CDLs being issued to drivers who were not eligible and to drivers with expiration dates extending beyond a driver’s legal stay in the U.S.
The U.S. DOT indicated this interim final rule closes gaps in how states issue CLPs and CDLs to individuals from outside of the U.S. tightens eligibility, strengthens safeguards and makes clear when these licenses must be canceled or revoked.
FMCSA spokespersons declined to comment to School Transportation News on that impact. The public affairs office said it cannot speak on behalf of school districts and referred questions to state driver licensing agencies regarding the impact of federal policies on school bus drivers.
Related: Circuit Court Orders Stay of FMCSA Rule on Non-Domiciled CDL Holders
States Share Impact
The Washington State Department of Licensing indicated at this report that there were 54 drivers with a non-domicile Class B CDL in good standing with a school bus endorsement.
“However, we have no way to know if they are working in that capacity,” spokesperson Christine Anthony told STN.
Information the department recently shared with Washington legislators noted new rules issued in September 2025 significantly changed the non-domiciled CDL program.
Under current federal rules, non-domiciled CDL drivers can only hold three types of visas: H2-A (temporary agricultural workers), H2-B (temporary non-agricultural workers) and E-2 (treaty investors).
“Canadian and Mexican drivers still do not have to hold a U.S. non-domiciled CDL license,” Anthony pointed out.
He said the state also lost a “significant” number of drivers who previously qualified, including Deferred Action for Childhood Arrivals (DACA) residents.
Washington has paused all training, testing and licensing for non-domiciled CDLs due to federal requirements separate from the rule.
There were 188,274 CDL holders, 4,669 non-domiciled CDL holders as of last October and 3,182 non-domiciled CDL holders as of Oct. 4. Some 401 will expire before the end of the year and more than 2,400 will expire before 2030.
Anthony noted there is talk among commercial motor carriers about the challenges of the declining number of drivers, including from school districts.
STN reached out to the Student Transportation and Traffic Safety Education division at the Office of Superintendent of Public Instruction but had not heard back at this writing.
Meanwhile, the Colorado Department of Education does not track the immigration status or non-domiciled CDL status of school bus drivers, nor does it maintain data regarding the number of affected drivers, licensing delays, or the potential impact on school district and contractor staffing, noted Fred Stewart, supervisor of the state school transportation unit.
“As a result, we are unable to provide specific data or confirm the extent to which these changes may be affecting school transportation operations in Colorado,” he added.
Corinne Willer, a spokeswoman for the Colorado Division of Motor Vehicles (DMV), told STN the state non-domiciled CDL program ceased following the federal regulatory final rule changes that went into effect in March. This includes new issuances and renewals. Temporarily lawfully present individuals are not eligible to receive a CDL in Colorado, regardless of their country of origin.
Colorado canceled a total of 414 Colorado CDL holders in late 2025 based on an internal review.
“The DMV does not track the jobs that CDL licensees hold, so we cannot comment on how many non-domiciled CDL holders are school bus drivers,” Willer added.
In Pennsylvania, there are currently no non-domiciled CDL drivers with a school bus endorsement, said Leanne E. Trindel, press officer for the Pennsylvania Department of Transportation (PennDOT) Driver and Vehicle Services.
PennDOT has not issued any non-domiciled commercial products since Sept. 29, 2025, because the U.S. DOT directed the state to pause the issuance of all non-domiciled commercial driver products as of that date, Trindel said. This includes issuance, transfers, updates, replacements, duplicates, and renewals of both non-domiciled CLPs and non-domiciled CDLs.
Regarding potential challenges with people from Haiti and El Salvador seeking temporary protected status, Trindel echoed other states by observing that only three employment-based immigration statuses are eligible under the new federal regulations for a non-domiciled CDL: H-2A, H-2B, and E-1.
“An employment authorization document can no longer be accepted for purposes of proving legal presence to obtain a non-domiciled CD,” she added.
Although South Dakota was included in the federal review, “Our records indicate only a small number of non‑compliance findings were identified,” noted Kristi Frohreich, South Dakota Department of Public Safety communications director. “These cases were isolated, promptly corrected, and do not reflect a systemic issue within our licensing processes. South Dakota continues to meet federal compliance requirements, and we have updated internal procedures to ensure continued alignment with FMCSA guidance.”
There are 3,404 school bus endorsed drivers in the state of South Dakota.
The final rule has not delayed issuance to those that qualify for the licenses, Frohreich noted.
Of the other states named by the FMCSA as demonstrating systemic non-compliance, California and Texas did not provide a response to STN’s request for comment.
Non-domiciled CDL Issue Greatest in Urban Areas
Many school districts—including those in the urban areas of Philadelphia, Broward County and Miami-Dade County in Florida, Houston, Chicago, and Clark County in Nevada—also did not respond to STN requests for comment on this article.
Several school bus contractors contacted by STN did not provide comment. Those that did respond cited a spectrum of challenge ranging from great to none at all.
“Federal policy changes have impacted our workforce across the busing industry and in some cases resulted in the loss of dedicated drivers. We remain in close contact with our school districts, industry partners, state and federal officials and will continue to advocate for increased distribution of CDLs and policy solutions to support hiring and retention for the industry,” noted Paul Quinn Mori, president of the New York School Bus Contractors Association. “We remain focused on recruitment by offering competitive wages and signing bonuses and we are leveraging AI technology to streamline applications and bring more qualified drivers on board to support our schools and communities.”
The school bus driver workforce challenge as it relates to non-domiciled CDLs and TPS “continues to be a stubborn challenge,” said Timothy T. Eagen, Ed.D., Kings Park Central School District superintendent and past president of Suffolk County School Superintendents Association in the state of New York. “My best advice is to always be in the new driver recruiting and training business. “This needs to be a 12-month continuous effort.”
Robert Vecchio, executive director of the Nassau-Suffolk School Boards Association near Long Island, New York, noted the shortage of transportation workers before the issue of non-domiciled CDLs arose and uncertainty surrounding TPS emerged.
“While there is an impact, it is minimal by comparison to the shortages transportation providers have been dealing with for several years, especially in the area of certified drivers,” he said, adding those shortages also impact mechanics. “One other item of note that has created issues with drivers is the legalization of marijuana. While its legal random testing for drivers is still a requirement, this has become another issue to finding and keeping certified drivers.”
Some school said transportation is not impacted by the new policies.
“Atlanta Public Schools began the 2026–2027 school year with zero bus driver vacancies, and all routes have been covered since the first day of school,” said Jonathan D. Sheffield, media relations director. “Our transportation and human resources teams have worked collaboratively to build a culture and compensation structure that helps us retain experienced drivers while attracting and welcoming new team members.”
In October 2025, STN reported that federal rule outlawing the issuance of CDLs to non-U.S. citizens could make school district and bus company searches drivers even more challenging.
The story noted FMCSA’s nationwide audit of non-domiciled CDLs uncovered systemic non-compliance across several states, adding the state of California was “the worst and most egregious.”
However, Los Angeles Unified School District had yet to feel the impact, said a source who requested to remain anonymous.
Chloe Williams, CEO and president of current National School Transportation Association school bus contractor of the year B.R. Williams, said her company has not been impacted by the non-domiciled CDL or TPS issues. She said she has reached out to other contractors regarding the issue but had not gotten a response.
NSTA Executive Director Curt Macysyn added that the issue “affects some school bus operators, but it is clearly not universal in scope. What I know is that the CDL expiration date has to align with the date of the TPS expiration date, and that’s the extent of it.”
Editor’s note — This latest version includes comments from South Dakota. It also reflects information provided by the Colorado Division of Motor Vehicles, which was inadvertently omitted in the original published article. Additionally, the original article included an incorrect reference to the U.S. DOT classification for treaty investor visas, E-2.
Related: U.S. DOT Proposes Rule to Add Fentanyl to CDL Drug Testing Program
Related: FMCSA Grant to Enhance CDL Testing in New Jersey
Related: FMCSA Proposal Seeks to Quicken CDL Process
The post Updated: Non-domiciled CDL Crackdown Worsens School Bus Driver Shortage in Urban Areas appeared first on School Transportation News.
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