Texas reinstates commercial driver's license applications for H-2A visa holders

Texas has quietly reinstated the right for foreign citizens holding H-2A visas to apply for commercial driver's licenses. This move partially reverses a widespread suspension of permits that impacted thousands of essential workers in the state.

Holders of H-2A visas, who work as temporary agricultural laborers, can now formally apply for their driving credentials again. According to WFAA, the Texas Department of Public Safety (DPS) enabled institutional channels for this specific group of immigrant workers following an update in federal transportation regulations.

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The DPS enabled institutional channels for this specific group of workers following an update in federal transportation regulations.

A Commercial Driver's License (CDL) allows the holder to drive large buses and commercial vehicles on Texas public roads. The state's decision is supported by a final rule from the Federal Motor Carrier Safety Administration (FMCSA) on non-domiciled commercial licenses, published in February and effective since March. These federal guidelines authorize the reactivation of driving permits for foreigners under this regulated employment status.

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The state's policy relaxation still excludes foreign citizens with H-2B and E-2 visas.

However, the state's policy relaxation still excludes foreign citizens with H-2B and E-2 visas. State Representative Ramón Romero, a Democrat from Fort Worth, told WFAA that the local DPS has postponed the reactivation for these sectors, indicating that regulatory changes will occur at a later date. The lack of authorization keeps a significant volume of qualified drivers inactive across Texas. State authorities have not provided an exact timeline for including these groups in the new measure.

The controversy over the license suspensions began in September when the DPS revoked commercial driver's licenses for over 6,400 legal immigrants with H-2A, H-2B, and E-2 visas. This figure represents about 5% of the total heavy truck drivers operating on state routes. The initial measure followed federal changes announced by U.S. Transportation Secretary Sean Duffy regarding restrictions for unqualified foreign drivers after fatal collisions. Texas Democratic lawmakers are now urging the complete revocation of this restrictive policy due to a lack of prior parliamentary approval.

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The DPS local postponed the reactivation for these sectors and indicated that the changes in regulations will occur at a later date.