Federal rule prompts temporary halt for applicants using Employment Authorization cards

Organ Mountain News report

SANTA FE - The New Mexico Motor Vehicle Division has temporarily stopped issuing and renewing certain commercial driver’s licenses and learner’s permits for foreign drivers who live and work in the U.S. temporarily, following a new federal rule.

The change took effect Sept. 29 and follows emergency interim regulations issued by the Federal Motor Carrier Safety Administration, which oversees commercial trucking nationwide.

Who’s affected

The pause applies to non-U.S. citizens who use an Employment Authorization card to prove they can work in the United States.
These are typically individuals living in the country on a visa or temporary work permit.

The pause does not affect applicants who hold a valid foreign passport paired with an approved I-94 Arrival/Departure record — another form of federal documentation confirming legal status.

How we got here

The Federal Motor Carrier Safety Administration issued its emergency rules last week, requiring states to halt some licensing processes for certain temporary residents until further guidance is released.

New Mexico law already aligns with federal standards for commercial licenses. The state has issued 204 commercial driver’s licenses and learner’s permits to non-domiciled individuals — meaning people whose permanent residence is outside the U.S.

A 2022 state law also added stricter requirements for commercial licensing and permanently disqualified anyone convicted of certain human-trafficking offenses from holding a CDL.

What drivers can do

People seeking a new or renewed commercial license or permit based on an Employment Authorization card will not be able to complete their transaction for now — either at MVD offices or through partner locations.

Drivers affected by the pause can contact NMCDL.Helpdesk@tax.nm.gov for information or updates.