Lawmaker Advocates for the Termination of Mexico-Canada Trucking Reciprocity

What happens to supply chains when a key cross-border privilege is pulled overnight? A senior lawmaker is urging the termination of Mexico-Canada Trucking reciprocity, a move that could reshape freight costs, delivery timelines, and market access across North America. This article explains the policy push, who stands to gain or lose, and how businesses should prepare. You’ll learn the stakes, likely timelines, and practical scenarios to anticipate.

New Legislation Targets Foreign Drivers

A significant legislative proposal has been introduced in the U.S. House of Representatives that could fundamentally reshape the landscape of North American trucking. The "Protecting America’s Roads Act" seeks to drastically enhance and codify recent regulations concerning foreign truck drivers operating on U.S. soil.

Proposed by Representative Beth Van Duyne (R-Texas), the bill moves beyond simple oversight and targets the core agreements that allow cross-border trade. If enacted, this legislation would serve as the most aggressive restriction on foreign commercial drivers in decades.

Formalizing the Interim Final Rule

The bill is primarily designed to formalize the Federal Motor Carrier Safety Administration's (FMCSA) recent Interim Final Rule (IFR). This rule, which took effect immediately upon publication, was drafted to close loopholes in the issuance of non-domiciled Commercial Driver’s Licenses (CDLs).

While the FMCSA’s rule focuses on administrative tightening, Van Duyne’s legislation aims to lock these changes into federal statute. This would prevent future administrations from easily reversing the safety protocols through executive action or agency guidance.

The Attack on Reciprocity Agreements

The most controversial aspect of Van Duyne’s bill is its direct challenge to existing CDL reciprocity agreements. Currently, the United States honors commercial licenses issued by the federal government of Mexico and Canadian provinces as equivalent to a U.S. CDL.

Van Duyne’s proposal seeks to abolish these long-standing diplomatic arrangements, which are foundational to the United States-Mexico-Canada Agreement (USMCA). Section 3 of the bill explicitly mandates the termination of these agreements within six months of the bill's enactment.

Safety Concerns Drive the Legislation

Representative Van Duyne has framed this legislation as a critical public safety measure for American motorists. She argues that the current system allows unqualified operators to drive 80,000-pound vehicles on high-speed interstates without adequate vetting.

“It is crucial to eliminate the risks posed by illegal immigrant and foreign national truck drivers who may lack the capability to safely operate an 18-wheeler,” Van Duyne stated in a press release. Her comments highlight a growing concern that foreign testing standards may not match the rigor of U.S. requirements.

The Language Barrier Debate

A central pillar of the proposed legislation is the enforcement of English-language proficiency for all commercial drivers. Critics of the current system point to accidents where drivers were unable to read safety signage or communicate with law enforcement during roadside inspections.

The bill suggests that drivers who cannot understand English-language warning signs pose an "imminent hazard" to the traveling public. By forcing all drivers to hold a U.S.-standardized license, the legislation aims to ensure that every operator can fluently read and speak the language of the road.

Financial Threats to Non-Compliant States

To ensure state-level cooperation, the "Protecting America’s Roads Act" includes severe financial penalties for non-compliance. Van Duyne has issued a stern warning to governors and state legislatures that might hesitate to enforce the new federal mandates.

“To any state that finds these new regulations and proposed laws burdensome, I urge you to reconsider your actions,” she warned. The bill authorizes the Department of Transportation (DOT) to withhold federal highway funding from states that fail to adopt the stricter licensing protocols.

The "Single License" Rule Complication

Under current regulations, the "single license" rule prevents a driver from holding a CDL from more than one jurisdiction. This rule has historically meant that Canadian and Mexican drivers could not obtain a U.S. CDL because they already held a valid license from their home country.

The FMCSA has previously recognized that licenses from Mexican states and Canadian provinces adhere to safety codes compatible with U.S. standards. This mutual recognition allowed for seamless cross-border operations without requiring drivers to undergo redundant testing.

What Happens if Reciprocity Ends?

If Van Duyne’s bill passes, the termination of reciprocity would render millions of Canadian and Mexican CDLs invalid for use within the United States. This would create an immediate legal barrier for any foreign driver attempting to cross the border with a load.

Drivers wishing to continue operating in the U.S. would potentially need to acquire a U.S.-issued non-domiciled CDL. However, the new rigorous standards for non-domiciled licenses would make this process difficult, if not impossible, for many current operators.

Impact on Cross-Border Supply Chains

Logistics experts warn that invalidating foreign licenses could cause catastrophic disruptions to the North American supply chain. The volume of freight moving between the U.S., Canada, and Mexico relies heavily on the fluidity of cross-border trucking.

If foreign drivers are banned, freight would likely have to be "cross-docked" at the border, a process where cargo is unloaded from a foreign truck and reloaded onto a U.S. truck. This would add significant time, cost, and complexity to the movement of goods, reminiscent of logistics models from the 1980s.

The Return of Cross-Docking

Cross-docking is labor-intensive and requires massive infrastructure at border crossing points like Laredo, Texas, and Detroit, Michigan. Current border facilities may not have the capacity to handle the sudden surge in warehousing and transfer needs.

This bottleneck could lead to delays of days or weeks for critical shipments, including automotive parts and produce. Manufacturers relying on "just-in-time" inventory systems would be particularly vulnerable to these disruptions.

FMCSA’s Stance on Non-Domiciled CDLs

The FMCSA’s IFR already restricts who can apply for a non-domiciled CDL, limiting eligibility to specific visa holders. The rule requires applicants to demonstrate lawful immigration status, effectively barring those with only an Employment Authorization Document (EAD) from obtaining a commercial license.

While the IFR focuses on status, it does not currently require proof of domicile within the state of issuance. This distinction is important because many foreign drivers do not have a permanent residence in the U.S., which is traditionally required for a standard CDL.

Residency Requirements in the New Bill

Van Duyne’s legislation goes a step further by mandating that CDL applicants provide proof of residency within the state of registration. This provision would effectively close the door on non-domiciled CDLs for drivers who live in Canada or Mexico but work in the U.S.

By requiring state residency, the bill would eliminate the "non-domiciled" loophole entirely for true cross-border drivers. This would force foreign drivers to either immigrate legally to the U.S. or cease operations in American territory.

The Role of the "SAVE" System

The bill mandates that states use the Systematic Alien Verification for Entitlements (SAVE) program for all non-citizen CDL applicants. This Department of Homeland Security database allows state agencies to verify the current legal status of any applicant in real-time.

Under the proposal, states would be required to deny a license to any applicant whose lawful presence cannot be confirmed by SAVE. Furthermore, states would have to maintain these verification records for at least two years to facilitate federal audits.

Expiration Dates and Renewals

Another critical component of the bill is the alignment of CDL expiration dates with immigration documents. For non-citizens, a CDL or learner’s permit would expire on the earlier of the applicant’s I-94 date or one year after issuance.

This provision ensures that a driver’s commercial privileges never outlast their legal right to be in the country. It also requires that any renewal or upgrade of a non-citizen’s license be completed in person, eliminating online renewal options that could be exploited.

Reactions from Industry Stakeholders

The Owner-Operator Independent Drivers Association (OOIDA) has historically supported measures that protect American driving jobs and enhance safety. Many domestic drivers view the crackdown as a necessary step to remove low-wage competition and improve freight rates.

Conversely, the American Trucking Associations (ATA) and large carriers with cross-border operations are likely to view the bill with alarm. They argue that the industry is already facing a driver shortage and that crippling cross-border trade will hurt the U.S. economy.

Sentiment on Social Media

On platforms like Reddit and trucking forums, the reaction to the bill has been polarized but intense. Many drivers are celebrating the proposal, using terms like "steering wheel holders" to describe unskilled foreign drivers they believe suppress wages.

"Finally, maybe rates will go back up," is a common sentiment found in threads discussing the legislation. However, others caution that the resulting supply chain chaos could backfire, leading to higher costs for consumers and potential retaliatory tariffs.

Potential for Retaliatory Measures

If the U.S. unilaterally cancels CDL reciprocity, Canada and Mexico are almost certain to respond with reciprocal measures. This would mean U.S. drivers could be banned from entering Canada or Mexico, effectively trapping American fleets south of the 49th parallel.

Such a trade war would hurt U.S. exporters who rely on trucking to get their goods to international markets. The diplomatic fallout could strain the USMCA framework, leading to broader trade disputes beyond the trucking sector.

USMCA vs. Domestic Law

Legal scholars note that there is a potential conflict between Van Duyne’s bill and the treaty obligations of the USMCA. Treaties generally supersede domestic statutes, but Congress has the power to abrogate treaty provisions through subsequent legislation.

If passed, the bill would likely face immediate legal challenges in federal court. Opponents would argue that it violates the supremacy clause and the specific trade commitments made by the United States to its North American neighbors.

The Path Forward for the Bill

As of now, the "Protecting America’s Roads Act" has been referred to the House Transportation and Infrastructure Committee. Its path to becoming law is uncertain, but it signals a strong shift in the political climate regarding transportation and immigration.

With the backing of the incoming Trump administration and Secretary of Transportation Sean Duffy, the bill has significant political momentum. Industry participants must prepare for a potential future where the border is much "thicker" than it is today.

Conclusion: A Turning Point for Trucking

The "Protecting America’s Roads Act" represents a watershed moment for the logistics industry, prioritizing national sovereignty and strict safety standards over established trade fluidity. By threatening to dismantle CDL reciprocity, the legislation challenges the integrated nature of the North American economy.

Whether the bill passes in its current form or spurs a negotiated tightening of existing rules, the era of easy cross-border trucking appears to be ending. Stakeholders across the supply chain must now adapt to a regulatory environment defined by "America First" policies and heightened scrutiny.

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The regulatory landscape for trucking is shifting rapidly, and staying informed is the only way to protect your livelihood. If you want to stay updated with a wide range of trends, actionable insights, and innovative solutions in the trucking, freight, and logistics industry, stay connected to us.

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