Non-Citizen Truck Drivers and Crashes: What Ohio Drivers Need to Know

In August, a non-citizen truck driver made an illegal U-turn and crashed on a Florida highway, killing three people.

The deadly accident was one of several this year caused by foreign nationals living in the U.S., according to the Transportation Department, which has recently tightened requirements around commercial driver licenses and declared a “national emergency” over how states handle CDLs for non-citizens.

These rules make it harder for non-citizens to get commercial driver’s licenses, but with immigrant drivers now making up nearly 1 in 5 CDL holders, and frequently crossing state lines, the Florida tragedy raises questions about how carriers recruit and train immigrant truck drivers and whether gaps in oversight or experience could pose added risks on the road—questions that could also come into play when non-citizen drivers are involved in truck accidents.

Growing Role of Non-Citizen Drivers in U.S. Trucking

Big trucks are big business.

Despite talks of driver shortages plaguing the trucking industry, it continues to roll along. Commercial trucks moved more than 11 billion tons of freight last year—three quarters of the nation’s total—and the trucking industry had revenues of nearly $1 trillion in 2024.

While trucking remains a critical component of the U.S. economy, who is doing the driving has changed.

Driverless big rigs have gotten a lot of attention lately as a possible solution to the industry’s record-high driver shortage. But often overlooked is the role of immigrant drivers in U.S. trucking.

• Immigrants now make up about 18% of employed U.S. drivers, including truckers.
• The number of foreign-born truck drivers more than doubled from 2000 (315,000) to 2021 (720,000).
• Nearly 60% of immigrant truck drivers are from Central America and the Caribbean; 6.5% are from South America.
• Sikh drivers from India, such as the one who caused the deadly Florida truck crash, are rapidly increasing. CBS reports that 30,000 Sikhs entered the trucking industry in just the last two years.
• A recent Federal Motor Carrier Safety Administration (FMCSA) audit found approximately 200,000 non-domiciled CDL holders and 20,000 non-domiciled commercial learner’s permit holders.

These are only the documented immigrant drivers counted by official data. There are also reports that some carriers illegally employ undocumented drivers from Mexico and other countries, often to meet delivery demand or reduce costs.

Some estimates show there are an additional 100,000 – 150,000 illegal immigrant U.S. truck drivers, although the actual number is unknown.

To cut costs, many trucking companies have hired undocumented workers without requiring them to pass a domestic CDL test or accepted foreign CDLs without verifying the driver’s experience or qualifications.

How the Government is Tightening Rules on Non-Citizen Truck Drivers

The Transportation Department referenced five fatal crashes involving non-domiciled CDL holders since the start of 2025, including August’s deadly Florida truck crash and fatal wrecks in Alabama and Texas, when it issued an emergency ruling in September about non-citizen CDLs.

Officials say that at least two of the drivers should not have received CDLs in the first place. The drivers in the Florida and Alabama crashes lacked basic English proficiency, while the operator in the Texas crash had multiple prior hours-of-service and moving violations on his record.

As scrutiny over commercial driver licensing has increased, the federal government has moved aggressively to tighten enforcement on two fronts: requiring English proficiency and overhauling non-domiciled CDL rules. These shifts are intended to close what officials say are dangerous regulatory gaps.

DOT Secretary Sean Duffy called the previous licensing system “absolutely 100% broken” and a “national emergency that requires action right now.”

English Proficiency Mandate Gets Teeth

There isn’t direct evidence that immigrant truck drivers are involved in more accidents than native-born drivers. But DOT crash data shows that commercial drivers with English language violations have a significantly higher crash rate that exceeds even those associated with speeding or drug-and-alcohol violations.

English Language Proficiency (ELP) mandates that CDL drivers be able to converse in English, read highway signs, respond to official inquiries, and make entries in records.

Trucking carries nearly three-quarters of the nation’s freight, and the public deserves to know that anyone driving an 80,000-pound truck has been properly trained, vetted and cleared to be behind the wheel. But the system is only as strong as its weakest link. When one state takes shortcuts, it puts everyone at risk: other drivers, law-abiding carriers and the public at large.

However, in the past, enforcement could be lax or inconsistent. Many inspections never tested or penalized drivers for insufficient English. And in 2016, a federal policy that directed inspectors not to place drivers out of service for ELP violations were downgraded to a citation and civil penalty, effectively halting enforcement.

President Trump signed an executive order in April directing stronger ELP enforcement. The order calls for:

• Rescinding prior guidance that discouraged using ELP rules as a basis for out-of-service violations
• Revising inspection procedures so that failure to satisfy English proficiency can lead a driver to be placed out-of-service
• Reviewing non-domiciled CDL issuance practices

In response to the executive order, FMCSA issued new guidance: federal inspectors must begin roadside inspections in English, use a two-step assessment when a driver struggles, and penalize non-compliance under the out-of-service criteria.

The New Non-Domiciled CDL Rule

While English enforcement focuses on driver capability, the new non-domiciled CDL rule targets the licensing process itself, especially for foreign nationals or individuals domiciled abroad.

Under an emergency interim final rule issued in late September 2025:

• State driver licensing agencies can no longer issue or renew non-domiciled CLPs/CDLs except under stricter criteria: only drivers with certain employment-based visas (such as H-2A, H-2B, and E-2) are eligible.
• Applicants must present an unexpired foreign passport and a valid Form I-94/I-94A; having just an Employment Authorization Document (EAD) is no longer enough.
• States must check the applicant’s status using the SAVE (Systematic Alien Verification for Entitlements) system.
• Expiration dates for non-domiciled CDLs must align with the visa document or be limited to one year (whichever is shorter).
• Renewal must be done in person; states may downgrade or revoke non-domiciled CDLs if a driver ceases to meet eligibility.
• States issuing non-domiciled CDLs must pause new issuance until compliance is assured.

The rule also empowers the federal government to audit states and sanction noncompliance (including withholding federal transportation funds).

Officials say the change addresses a pattern of state-level CDL issuance failures: in some states (notably California), audits flagged widespread non-compliance, including licenses issued beyond the driver’s lawful presence period and failure to pass an English proficiency exam.

How one state issues CDL licenses can directly impact safety across the country as drivers cross state lines. For example, the Sikh driver in the fatal Florida truck crash was issued a California CDL, and the Ukrainian driver in the deadly Alabama wreck worked for a trucking firm out of Chicago.

Why a Non-Citizen Truck Driver Crash Can Be More Complex

After a crash with a commercial truck, you may not know right away who the driver is or where they’re from. But when it turns out the driver is a non-citizen, your case can involve added layers of investigation.

• Liability can extend beyond the driver to the trucking company and its hiring and training practices
• If a driver was improperly licensed, lacked English proficiency, or if the carrier failed to verify qualifications, that negligence can strengthen your claim.
• Cross-border work, incomplete employment records, or missing documentation can complicate investigations.
• These cases often involve both state law and federal transportation rules, including new Department of Labor and FMCSA regulations.

Questions that may arise include:

• Was the driver properly licensed—and was the CDL obtained legally and consistent with their visa or residency status?
• Did the trucking company verify immigration status, language proficiency, and licensing before allowing the driver on the road?
• Was the driver trained and tested under U.S. safety standards, or did the carrier rely on a foreign license without adequate evaluation?
• Do state or federal records show any prior violations, suspensions, or audits involving the driver or the company’s hiring and compliance practices?

When questions like these about federal licensing, immigration status, and safety compliance overlap, a trucking case can quickly become overwhelming. If you’re in a crash with a non-citizen truck driver, get help from an experienced truck accident attorney from Graham Law.