Comment from Micah Hayes

My name is Micah Hayes, and I pastor a church in Olathe, Kansas. I am writing to strongly support the emergency temporary exemption request submitted by Jenifer Sanchez Vilchis to allow states to issue Class B Commercial Driver’s Licenses (CDLs) to DACA recipients who hold valid Employment Authorization Documents (EADs). As a leader of a faith community, I interact daily with hardworking individuals trying to support their families and safely contribute to our local economy. I have a direct interest in this regulation because members of my own congregation are DACA recipients who are deeply impacted by the FMCSA's final rule on non-domiciled CDLs. This comment addresses the FMCSA’s final rule regarding non-domiciled CDLs, which took effect on March 16 and rendered DACA recipients ineligible to obtain these licenses using an EAD. The FMCSA has stated that the safety rationale behind this rule stems from an inability to adequately review the driving history of applicants from other countries. However, this rationale fails to account for the unique reality of DACA holders, who have resided in the United States since childhood, possess verifiable domestic driving histories, and are being denied licenses solely based on immigration category rather than safety deficiencies. The guide for public participation reminds us that agencies cannot always predict how a policy plays out "on the ground." From my vantage point, the current rule inflicts profound costs on fairness and dignity that are hard to quantify in dollars. DACA recipients in my community are not foreign applicants; they grew up here. For example, a member of my church who has spent nearly his entire life in the U.S. is facing a massive barrier to his livelihood because of this blanket exclusion. The agency's original rule was largely aimed at mitigating safety incidents involving Class A tractor-trailer drivers in freight transport. Applying these restrictions to a Class B passenger-vehicle and school bus CDL creates severe, unintended consequences for local communities. Class B licenses are already subject to incredibly stringent testing, supervision, and background checks. By cutting off vetted, responsible DACA recipients from these roles, the agency is inadvertently exacerbating local driver shortages for critical community vehicles, like school buses and motor coaches, without actually improving highway safety. I urge the FMCSA to grant the requested immediate, temporary exemption allowing states to issue Class B passenger-vehicle CDLs to DACA recipients with valid EADs. Distinguish DACA from other categories: Because DACA holders grew up in the U.S., their driving histories are domestic and fully accessible for vetting. Leverage existing Class B safeguards: Recognize that the heightened supervision and rigorous background check requirements already inherent to Class B passenger licensing provide the exact safety assurances the FMCSA is seeking. In conclusion, the restriction on DACA recipients holding Class B CDLs penalizes individuals who are thoroughly integrated into our communities and fully capable of passing rigorous safety standards. I strongly recommend that the FMCSA grant this temporary exemption to ensure fairness, protect local economic opportunities, and allow capable individuals to serve our communities safely on the road. Thank you for your time, consideration, and willingness to review the lived experiences of those impacted by this rule. Respectfully submitted, Micah Hayes Pastor Olathe, Kansas