The Dalilah Law
- Sponsor
- Sen. Banks, Jim [R-IN]
- Committees
- Commerce, Science, and Transportation Committee (primary)
- Last action
- Feb 25, 2026
Bottom line
The Dalilah Law significantly tightens eligibility requirements for commercial driving licenses, linking federal transportation funding to states' enforcement of new citizenship, residency, and English proficiency mandates for commercial drivers.
What it actually does
This bill amends federal law to restrict the issuance of Commercial Driver's Licenses (CDLs) and other commercial motor vehicle authorizations to U.S. citizens, lawful permanent residents, or holders of specific work visas (E-2, H-2A, H-2B). It mandates a recertification process for all existing CDL holders within 180 days, requiring verification of legal status, English proficiency, and passage of all exams in English. States failing to comply with these new requirements face the withholding of all federal transportation funding.
Proponents argue
Proponents argue that restricting CDLs to citizens, lawful permanent residents, and specific work visa holders enhances national security, improves road safety by ensuring English proficiency, and protects American jobs in the trucking industry. They emphasize the importance of secure identification for operating large vehicles and the need for clear communication on the road to prevent accidents and ensure public safety.
Opponents contend
Opponents contend that these restrictions could severely exacerbate existing driver shortages in the trucking industry, particularly for agricultural and seasonal work, leading to significant supply chain disruptions and increased costs for consumers. They may also argue that the English proficiency requirement is overly broad and that the bill could unfairly target legal immigrants who are already contributing to the economy and safely operating commercial vehicles.
The bill is relatively short and its core provisions are clearly stated, making it accessible for a reader to understand its main impacts within a reasonable timeframe.
Section 2(b) amending 49 U.S.C. 31311(a)(12)
Eligibility for Commercial Driver's Licenses
This provision amends federal law to require that individuals operating commercial motor vehicles (CMVs) or applying for a Commercial Driver's License (CDL) must be either a U.S. citizen, a lawful permanent resident, or a nonimmigrant holding a valid E-2, H-2A, or H-2B work visa. This significantly narrows the pool of individuals eligible for CDLs by excluding other non-citizens and non-immigrants.
Supporters argue
Supporters argue this ensures that only individuals with a clear legal status and established connection to the U.S. operate commercial motor vehicles, thereby enhancing national security and potentially improving overall road safety by standardizing driver qualifications.
Critics contend
Opponents contend this will exacerbate existing driver shortages, particularly in sectors reliant on a diverse workforce including temporary visa holders, and could disrupt supply chains, leading to economic instability and increased consumer prices.
Tradeoffs
This provision balances national security and immigration enforcement concerns with the economic needs and labor market flexibility required by the trucking industry, potentially prioritizing security over immediate economic impact.
Section 2(c) amending 49 U.S.C. 31310
Lifetime Disqualification for Unauthorized Operation
This provision mandates a lifetime disqualification from operating a commercial motor vehicle for any individual who operates such a vehicle in the U.S. without being a U.S. citizen, lawful permanent resident, or holding one of the specified work visas (E-2, H-2A, H-2B). Limited exceptions are made for individuals with valid B visas or specific travel authorizations under federal regulations.
Section 2(d)
Mandatory Recertification for Existing CDL Holders
States are required to recertify all individuals who currently hold a CDL or other commercial driving authorization within 180 days of the bill's enactment. This recertification process must verify that the individual is a U.S. citizen, lawful permanent resident, or E-2/H-2A/H-2B visa holder, is proficient in English (as defined by existing regulations), and has passed all CDL examinations in English. States must revoke the licenses of any individual who fails to recertify by the deadline or does not meet these new criteria.
Section 2(e)
Penalties for State Non-Compliance
This provision mandates that the Secretary of Transportation withhold all "covered funding" (any funding authorized by the Secretary to a state for transportation projects or activities) from states that fail to comply with the recertification deadlines, fail to revoke licenses as required, or issue new CDLs to ineligible individuals (based on status or English proficiency/exam language) after the date of enactment. These withholdings would begin in the first fiscal year after the non-compliance occurs.
The bill specifies that only nonimmigrants described in subparagraph (E)(ii), (H)(ii)(a), or (H)(ii)(b) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) are eligible for CDLs, in addition to citizens and lawful permanent residents. These specific categories refer to E-2 treaty investors, H-2A agricultural workers, and H-2B non-agricultural seasonal workers.
Section 2(b)(2)(C), 2(b)(3)(C), 2(d)(1)(A)(ii), 2(d)(2)(B)(i)(II), 2(e)(3)(B)
Why it matters:This is standard legislative practice to reference existing legal code, but it makes the specific impact of the exceptions less immediately obvious to a casual reader who may not be familiar with the nuances of immigration law.
Case for: Supporters would argue that these specific visa categories are appropriate for commercial driving, often involving temporary or seasonal work that directly benefits the U.S. economy, while other visa types may not align with the bill's security and economic objectives. It provides a targeted and justified exception.
Case against: Opponents might argue that limiting eligibility to these specific visas is arbitrary and excludes other legal nonimmigrants who could safely and effectively operate commercial motor vehicles, further restricting the labor pool and potentially hindering economic activity in other sectors.
Estimated impact: This provision significantly narrows the scope of eligible nonimmigrants to a very specific set, impacting those on other work visas who might otherwise qualify for commercial driving roles.
The bill mandates that all individuals seeking or recertifying a CDL must be proficient in the English language, as described in section 391.11(b)(2) of title 49, Code of Federal Regulations, and must have passed all covered examinations relating to the CDL in English. Furthermore, states are explicitly prohibited from administering any covered examination in any language other than English.
Section 2(d)(1)(B), 2(d)(1)(C), 2(d)(2)(B)(ii), 2(d)(2)(B)(iii), 2(e)(4)
Why it matters:Referencing existing regulations is standard legislative practice, but the explicit prohibition on non-English exams is a significant policy change that, while clearly stated, might be missed by a reader focusing only on the broader eligibility criteria.
Case for: Proponents argue that English proficiency is crucial for safety, enabling drivers to understand road signs, communicate effectively with law enforcement and emergency services, and respond appropriately in critical situations. Requiring all exams in English ensures a consistent and high standard for all commercial drivers.
Case against: Opponents might argue that requiring all exams in English could disproportionately affect otherwise qualified drivers from non-English speaking backgrounds, especially in states with large immigrant populations, without necessarily improving practical driving safety. They may also contend it creates an unnecessary barrier to entry for a vital profession.
Estimated impact: This provision could disqualify a significant number of current and prospective drivers who are proficient in driving skills but not in English, or who previously took exams in other languages, leading to a substantial reduction in the available driver pool.