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Federal Policy Triggers Statewide Restrictions in Texas
On September 29, 2025, the Texas Department of Public Safety (DPS) announced an immediate suspension of commercial driver’s licenses (CDLs) for refugees, asylum seekers, and DACA recipients. This abrupt policy shift comes in direct response to new federal regulations issued by the Federal Motor Carrier Safety Administration, which now require states to deny CDL access to certain noncitizens as a condition of continued federal transportation funding. As reported by the Houston Chronicle, Texas is one of the first states to implement this change statewide, setting off widespread concern across immigrant communities and among legal advocates (Houston Chronicle).
Categories Affected Despite Lawful Presence
The DPS order includes all individuals protected under Deferred Action for Childhood Arrivals (DACA), refugees, and those granted asylum—groups who are lawfully present in the United States under federal immigration law. Historically, these individuals have been eligible to apply for and receive CDLs in Texas and many other states. Their exclusion from the program now puts them in a precarious legal and economic position, especially for those who have built careers in the transportation and logistics sectors.
Highway Safety Cited as Justification
Federal officials have cited safety concerns and recent commercial vehicle accidents—including a fatal incident in Austin—as a justification for tightening CDL regulations. U.S. Transportation Secretary Sean Duffy emphasized the importance of ensuring that all commercial drivers meet the highest standards. However, the new federal rules do not distinguish between immigrants with lawful presence and those without any legal status, creating a one-size-fits-all policy that some legal scholars warn could result in unconstitutional discrimination.
Legal Questions and Constitutional Challenges
From a legal standpoint, Texas’s action raises significant concerns under both the Equal Protection Clause and the Supremacy Clause of the U.S. Constitution. Refugees and asylees are among the most thoroughly vetted individuals in the immigration system, often fleeing persecution and arriving in the U.S. through lawful humanitarian pathways. DACA recipients, though not permanent residents, are recognized by the federal government as lawfully present and are authorized to work. Courts have repeatedly held that states cannot deny benefits or licenses to individuals based solely on their immigration status if that status is recognized by federal law. Texas’s blanket exclusion is likely to face court challenges for violating constitutional protections against arbitrary discrimination.
Economic Fallout for Immigrant Communities and Employers
The decision to bar lawful immigrants from CDL eligibility has an immediate and measurable economic impact. Many immigrants have already invested in CDL training programs, passed exams, and secured employment offers—only to now face cancellation or revocation. Employers in industries that depend on commercial drivers, including freight, oil, and delivery services, may struggle to fill positions. Texas, one of the country’s transportation and logistics hubs, risks creating supply chain disruptions while also undercutting immigrant contributions to the economy.
How Spar & Bernstein Can Help Affected Individuals
At Spar & Bernstein, we recognize this policy change as not only a legal issue but a human one. Our immigration attorneys are already reviewing potential litigation strategies to challenge the DPS directive on constitutional grounds. We can assist refugees, asylees, and DACA recipients with case evaluations, appeals, and direct legal representation to ensure their rights are protected. Additionally, we are prepared to engage in federal advocacy and coordinate with transportation sector employers to mitigate the workforce gap this policy may create.
Path Forward Amid Legal Uncertainty
While Texas may claim compliance with federal funding conditions, the legality and wisdom of this policy remain open to serious debate. Rather than strengthening road safety, the measure could expose the state to prolonged litigation, reputational harm, and economic disruption. Immigrants with lawful presence deserve equal treatment under the law, and policies that ignore this principle risk violating both legal precedent and fundamental fairness.
Spar & Bernstein encourages all individuals impacted by the CDL ban to seek legal counsel immediately. You may still have options to retain your driving privileges or challenge the denial. Our attorneys are committed to defending the rights of immigrant workers and ensuring that lawful presence is respected in every state—including Texas.
