By Ahsan Ali
The American trucking industry, which carries about 70 percent of the nation’s freight, is facing a turning point. This time, the debate isn’t about speed limits or long hours on the road. Instead, major changes are unfolding around national security, immigration, and basic safety rules — and they could reshape the entire supply chain.
Two major shifts are creating the biggest strain. First, the Federal Motor Carrier Safety Administration (FMCSA) has tightened its rules for Non-Domiciled Commercial Driver’s Licenses (ND-CDLs). Second, roadside enforcement of English Language Proficiency (ELP) rules has increased sharply.
Together, these policies create a complicated problem: the economy needs more trucking capacity, but stricter rules are shrinking the pool of available drivers. Thousands of drivers are at risk of losing their livelihoods, and small trucking companies — already struggling with rising operating costs — are hit hardest. This article explores what these safety reforms could mean for the future and why the country needs a more coordinated national security strategy.
The Fight Over Licensing and the Legal Pushback
Driving a commercial motor vehicle requires far more training than driving a regular car. Under federal law, a commercial driver’s license (CDL) must usually be issued by the state where the driver lives. However, the ND-CDL made exceptions for foreign workers who needed a U.S. license but came from countries that did not issue comparable licenses.
By late 2025, an Interim Final Rule sharply limited who could apply for an ND-CDL. Now, only individuals with certain employment-based visas — including H-2A, H-2B, or E-2 — could qualify.
This change excluded many legally present workers who previously relied on Employment Authorization Documents (EADs), including DACA recipients, asylum seekers, and refugees. State licensing agencies were also ordered to shorten CDL validity periods to one year, or until the driver’s immigration papers expired, whichever came first. Immigration status must now be verified through the federal SAVE system.
But in November 2025, the D.C. Circuit Court blocked the rule temporarily, noting that although nondomiciled drivers make up around 5 percent of the workforce, they account for only 0.2 percent of fatal crashes.
The result: confusion. The rule is on hold, but uncertainty remains. States are unsure how to proceed, carriers are nervous, and thousands of safe drivers aren’t sure whether their license will be valid tomorrow.
The Language Barrier Grows
English proficiency rules haven’t changed, but enforcement has. Federal law requires commercial drivers to know enough English to communicate with the public, read road signs, respond to law enforcement, and complete official reports.
In 2025, the Commercial Vehicle Safety Alliance declared that drivers who fail English checks during inspections must be taken off the road immediately.
The impact was fast and serious. In just a few weeks, more than 1,200 drivers — mostly in the West and South — were placed out of service. By October, that number had jumped to around 6,000. These figures suggest that English rules had long been ignored and were now being enforced all at once.
The Trouble With Subjective Testing
While safety is essential, the English tests used at roadside stops are not consistent. Officers conduct:
- A spoken interview in English and questions about the trip and the truck.
- A test of highway sign recognition.
Whether a driver passes depends entirely on an officer’s judgment.
Meanwhile, the Secure Commercial Driver Licensing Act of 2025 now requires CDL applicants to take their knowledge tests only in English. This aligns with safety goals but makes it harder for many foreign-born applicants to enter the industry.
A Strained Supply Chain
New licensing and language rules are already shrinking the trucking workforce.
The Capacity Shock
Roughly 200,000 drivers hold ND-CDLs. If the new rules take effect, many could lose their ability to drive at a time when the industry is already short by 60,000–80,000 drivers. Removing this many workers could deepen the shortage dramatically.
Freight Rate Instability
Immigration enforcement at transit hubs has pushed many drivers to avoid certain routes or quit entirely. This sudden drop in capacity has caused spot market rates to rise on affected lanes. Analysts predict that if 200,000 drivers leave the industry over the next two years, long-term freight costs could increase by 2 to 5 percent. Those higher costs eventually reach retailers and consumers.
Small Carriers at Risk
Small companies make up 92 percent of the trucking industry, and 10 percent run fleets of ten trucks or fewer. Many depend heavily on foreign-born drivers. Cutting off access to EAD-based ND-CDLs or delaying visa programs makes it harder for these companies to survive. This could lead to more consolidation and expose weaknesses in the national supply chain.
The Workforce Debate: Safety vs. Economics
Safety is crucial, and federal rules require all CDL holders to maintain proper qualifications, follow Hours of Service rules, and keep detailed employment histories. FMCSA argues that limiting ND-CDLs improves safety because foreign driving records are harder to verify.
But industry groups disagree about driver shortages. Major organizations like the American Trucking Associations push for stricter rules and verification. Meanwhile, OOIDA, which represents small truck owners, supports the crackdown, saying it raises standards and wages while preventing large carriers from relying on cheap labor.
The Economic Impact of Exclusion
Nearly one in six U.S. truck drivers is foreign-born. In a field already struggling to attract native-born workers, immigrant drivers help keep goods moving and support thousands of additional jobs — from dispatchers to mechanics to accountants.
Economists warn that removing large numbers of workers — even undocumented ones — hurts the economy. These workers are not easily replaced because skill levels differ, and they contribute significantly to taxes, Social Security, and Medicare. When they leave, the tax base shrinks and consumer spending drops, harming both citizens and legal immigrants.
The Policy Crossroads Ahead
The trucking industry now faces a difficult choice: maintain road safety or protect economic stability. Both are important, but sudden, sweeping changes may damage the supply chain and hurt small businesses.
Some steps could help:
Create a Standard English Test: Use a uniform, objective exam instead of relying on roadside conversations.
Build Clear Visa Pathways: Establish legal, well-regulated routes for qualified foreign drivers who meet all safety and language standards.
Invest in Training: Provide federal support for English programs and CDL preparation so skilled workers can safely and confidently join the workforce.
The regulatory environment in 2026 will likely remain unstable. Courts will continue debating the IFR, while inspectors will keep enforcing strict English checks.
Author Profile
-
Ahsan Ali is a technology and business journalist who covers the latest developments in autonomous vehicles and innovative startups.
With a sharp eye for industry trends, he breaks down complex tech stories into clear, engaging insights for general readers.
Latest Entries
Business2 months agoTrucking Safety Reforms: New Plan Targets Industry Risks
Business2 months agoOctober 2025 Trucking Slowdown Hits Freight and Capacity
Business2 months agoAI Electric Trucking Startup NexDash Raises €5M
Business2 months agoTrucking Industry Crisis: New Rules Threaten U.S. Supply Chain