The U.S. Department of Transportation (DOT), under Secretary Sean P. Duffy, announced on Wednesday, February 18, 2026, that an audit by the Federal Motor Carrier Safety Administration (FMCSA) found nearly 1 in 5 (approximately 20%) of Illinois’ non-domiciled commercial driver’s licenses (CDLs) were issued illegally.
Non-domiciled CDLs are commercial trucker licenses issued to drivers who are not permanent residents (domiciled) in Illinois—typically foreign nationals legally present in the U.S. on temporary work authorizations (e.g., via Employment Authorization Documents or visas), but not U.S. citizens or permanent residents.
The FMCSA review identified systemic issues, including:
- Issuing CDLs without properly verifying the driver’s lawful presence in the U.S.
- Allowing licenses to remain valid beyond the expiration of the driver’s legal status in the country.
- Specific examples cited in federal correspondence involved drivers from countries such as El Salvador, Ukraine, Russia, Venezuela, and others.
The audit sampled records and determined these violations affected a significant portion of non-domiciled CDLs issued by the state.
Illinois has been given 30 days to:
- Revoke the illegally issued licenses.
- Come into full compliance with federal regulations.
- Immediately pause issuance of new or renewed non-domiciled CDLs and commercial learner’s permits.
- Conduct an internal audit of its licensing processes.
Failure to comply risks the loss of approximately $128 million in federal highway funding. The FMCSA has issued a “Preliminary Determination of Noncompliance” to Governor J.B. Pritzker and the Illinois Secretary of State’s office (Director of Driver Services Kevin Duesterhaus).
This action is part of a broader nationwide crackdown on non-domiciled CDL programs, including recent FMCSA rules (interim in 2025 and final in February 2026) that limit eligibility and aim to ensure only qualified, legally present drivers receive these licenses.
Illinois Secretary of State Alexi Giannoulias condemned the Trump administration’s assertions, stating that the state’s practices are “substantially compliant” with federal requirements. The office noted that Illinois (along with other states) paused non-domiciled CDL issuance/renewal following earlier FMCSA interim rulings in 2025, and plans to review the findings. The state has highlighted concerns about the impact on the trucking industry and noted ongoing litigation related to the federal rules.
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