Comment from Jenifer Sanchez Vilchis

(C) Originally posted on 10/30/25 to the closed docket titled "Restoring Integrity to the Issuance of Non-Domeciled CDL." Please see copied and pasted petition below: Petition for Rulemaking and Exemption Under 49 C.F.R. § 389.31 I. Petitioner Information I, Jenifer Sanchez Vilchis, am a lawfully work-authorized DACA recipient residing in Sun Valley, California. I have lived in the United States since I was one year old. This country, its language, and institutions have shaped me entirely — I was raised by America. I hold three Associate degrees and one Bachelor’s degree with honors from accredited U.S. colleges. After graduation, I pursued a community-serving career as a school-bus driver to contribute safely to society. II. Action Requested Pursuant to 49 C.F.R. § 389.31, I respectfully petition FMCSA to: 1.Amend or reinterpret the September 26, 2025 directive limiting CDLs to holders of H-2A, H-2B, or E-2 visas, to include DACA recipients with valid work authorization; or 2.Grant an exemption permitting DACA recipients with Employment Authorization Documents (EADs) to obtain and hold Class B passenger-vehicle CDLs under the same conditions as other lawfully authorized individuals. I further urge FMCSA to extend eligibility to others with valid, non-expired work permits who meet safety and training standards. If FMCSA requires higher training, we are willing to meet it — our commitment is to safety and service, not shortcuts. III. Background On October 2, 2025, after completing all California DMV and CHP requirements for a Class B CDL with Passenger and School-Bus endorsements, I was informed by Gardena DMV that certification could not be finalized due to the new FMCSA directive. I lawfully possess a DACA-based EAD, trained rigorously from May to October, and passed all written, pre-trip, and road exams on my first attempt. The denial was based solely on my immigration category — not on any safety or qualification deficiency. IV. Grounds for Rulemaking or Exemption A. Misapplication of Policy Intent. The restriction stems from concerns involving Class A freight drivers. Class B licensing, which governs passenger vehicles such as school buses, involves far greater oversight and risk management. Applying identical restrictions is arbitrary and capricious and inconsistent with FMCSA’s mission of risk-based regulation. B. Safety and Public Interest. No data shows safety issues among Class B passenger operators comparable to those cited for Class A. California’s CHP oversight mandates daily inspections, drug testing, and annual renewals. Allowing trained DACA drivers helps address critical school-bus shortages while maintaining — even improving — safety. C. Equal Protection and Fair Administration. Excluding DACA recipients contradicts the stated rationale of ensuring English fluency and U.S. education. I am fully fluent, U.S.-educated, and have demonstrated mastery of FMCSA standards. The policy’s blanket application is therefore unjustified and discriminatory. D. Regulatory Authority. Under 49 U.S.C. § 31315(b), FMCSA may grant exemptions achieving equivalent or greater safety. DACA recipients with valid EADs meet that standard. E. Personal Statement. School-bus drivers serve children and families directly, under intense scrutiny and supervision. My training was thorough — every test taken under DMV cameras and CHP observation. I passed through dedication and study, not privilege. Please do not penalize us for others’ actions. I have family to support and deep ties to this nation, which was built by immigrants striving in hope and discipline. V. Supporting Facts 1.U.S. resident since age 1. 2.Three Associate degrees and one Bachelor’s degree with honors. 3.Passed all DMV and CHP commercial licensing tests for Class B. 4.Class B standards exceed Class A in safety oversight. 5.No criminal record or traffic violations. 6.California schools face severe bus-driver shortages worsened by this rule. VI. Relief Requested Petitioner requests FMCSA to: 1.Amend the September 26, 2025 CDL directive to explicitly include DACA recipients and other lawfully present workers with valid EADs; or 2.Grant an immediate temporary exemption under 49 U.S.C. § 31315(b) permitting states to issue Class B CDLs to DACA holders pending rulemaking. VII. Conclusion This petition seeks to restore fairness and logic to FMCSA policy. The current restriction excludes qualified, law-abiding individuals who meet every safety standard. Granting this petition promotes FMCSA’s mission, supports public safety, and upholds the values of equity and lawful opportunity. Please consider the human impact on families, schools, and communities. We stand ready to serve — safely, legally, and with integrity. Respectfully submitted, Jenifer Sanchez Vilchis Date: October 30, 2025 Please also see link to the closed Docket below: https://www.regulations.gov/document/FMCSA-2025-0622-0001