FMCSA opened a 30-day CDL comment period on Jenifer Sanchez Vilchis’s request for an immediate, temporary exemption that would let states issue Class B CDLs to DACA holders. California had denied her application for a Class B CDL with passenger and school bus endorsements under the agency’s March 2026 rule.
As of Wednesday, June 24, 2026, nearly 500 comments had already been filed on Regulations.gov. FMCSA will review those comments and decide whether to grant the exemption request.
Jenifer Sanchez Vilchis and California
Vilchis is a DACA recipient from California. Her request targets a rule that changed eligibility in March 2026 by making an Employment Authorization Document insufficient for a non-domiciled CDL and by making asylum seekers, asylees, refugees and DACA recipients ineligible under that rule.
FMCSA estimated there were about 200,000 non-domiciled CDL holders when the rule took effect. The agency said the final rule would force about 194,000 people to exit the freight market.
Oscar Rodriguez on Class B CDLs
Oscar Rodriguez, a DACA recipient and class B bus driver, told the agency, “I’m a DACA recipient, and I’m also a class B bus driver.” He added, “I’ve been driving for almost eight years. I do not think that for other people’s actions, people like me should be responsible. I have a clean record, no citations, tickets or accidents. I think this shouldn’t affect any DACA recipients.”
Dalia Thornton of the American Federation of State, County and Municipal Employees wrote that the agency’s rationale does not apply to DACA recipients, including Vilchis. Thornton said Vilchis has lived in the U.S. since age 1, has no criminal record or traffic violations, and that all DACA recipients arrived in the United States before turning 16.
Mark Strunk and FMCSA
FMCSA said the rule is critical to highway safety because thousands of drivers were issued non-domiciled CDLs without proper vetting. Mark Strunk opposed the exemption request, writing, “I do not believe this request for relief should be granted,” and arguing that DACA people could have gone through the steps to get citizenship.
Strunk also wrote that if FMCSA grants the request, the next thing they will want is a class A exemption. The agency now has the comments in hand and will decide whether Vilchis’s request gets the temporary relief she asked for.
