DACA Recipient Seeks FMCSA Exemption to Obtain a CDL
A California resident and DACA recipient has petitioned FMCSA for a temporary exemption that would allow states to issue Class B CDLs to DACA holders with valid Employment Authorization Documents (EADs).
🚍 Jenifer Sanchez Vilchis applied for a Class B CDL with Passenger and School Bus endorsements but was denied under FMCSA’s new non-domiciled CDL regulations.
According to her petition:
✅ She has lived in the U.S. nearly her entire life.
✅ She passed all required California CDL knowledge and road tests on her first attempt.
✅ She meets all qualification and safety requirements.
Vilchis argues that her denial was based solely on immigration status, not on any safety, training, or driving-related deficiency.
She also noted that the concerns behind FMCSA’s recent non-domiciled CDL crackdown were largely related to Class A freight-hauling drivers, while Class B licenses for passenger transportation involve stricter oversight, background checks, and testing requirements.
⚖️ FMCSA is now reviewing the exemption request and accepting public comments through July 2.
While the request applies only to Class B CDLs, industry observers note that approval could influence future discussions regarding CDL eligibility for DACA recipients.
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