A recent policy change tied to commercial driver licenses in Ohio is leaving some lawful permanent residents unable to work, even though they remain legally authorized to live and work in the United States.The Ohio Bureau of Mot or Vehicles confirmed to WCPO that it recently updated its policy to align with guidance from the Federal Motor Carrier Safety Administration and now only issues commercial driver licenses to permanent residents who can present an unexpired physical green card.The change is creating problems for some immigrants caught in what they describe as yearslong federal backlogs for replacement or renewed permanent resident cards.All non-citizen applicants for driver licenses, commercial driver licenses, and identification cards are required to present documentation showing legal presence, which is verified electronically through SAVE at initial issuance and each subsequent renewal transaction, the Ohio BMV said in a statement. Commercial Driver License legal presence documentation requirements are set by FMCSA, not BMV, and states do not have discretion to deviate from federal requirements.WATCH: Breaking down how this new guidance works and is impacting drivers Some legal immigrants are unable to work due to new federal CDL requirementsImmigration attorney Christopher Pogue said the policy is affecting lawful permanent residents who are fully compliant with immigration law but are waiting on replacement documentation from the federal government.Permanent residents, in particular, don't always have an unexpired card in their hand, Pogue said. Right now, the Bureau of Motor Vehicles is requiring them to have an unexpired green card in their hand in order to keep their CDL or apply for a CDL in the first place.Pogue said the issue stems from processing delays at U.S. Citizenship and Immigration Services, where green card renewals and replacements can take months or even years.Youre following the rules. You can work. You can do everything, he said. Immigration, the Department of Homeland Security, gives you either an extension notice or what they call an ADIT card or an I-551 document. All this jargon basically is proof youre a legal permanent resident.According to Pogue, many immigrants waiting on renewed green cards receive federal notices extending their legal status for years beyond the expiration date printed on the card itself.It works for a job. It works for their normal drivers license. It works for international travel, Pogue said. You name it. Just not the CDL.One Ohio driver experiencing the issue is Cedric, a lawful permanent resident who asked that his last name not be used. He said he spent the past year driving commercially before learning he could no longer renew his CDL because he did not yet have a renewed physical green card.So I went to the BMV to get my license renewed, Cedric said. They say they cant. They have to downgrade my license back to the regular license because I dont have the hard copy of the green card.Cedric said he has paperwork from the federal government extending his legal permanent resident status for 48 months while he waits for a renewed card.The receipt that I got, I can travel. I can do just about everything with it, Cedric said. But its just that I cant renew my CDL with it.He said the downgrade effectively cost him his job.Theres no income now, Cedric said. Im back to square one. I got two kids. I got one on the way.Cedric said he has maintained a clean driving record.I havent got a ticket, no accident, no nothing, he said. Ive been clean straight through, working just about every day, and this happens now. Its like starting all over again.According to Cedric, one BMV location initially renewed his CDL before later reversing course after receiving guidance from the state's capital.They got a call from Columbus, Cedric said. They told me I have to downgrade.Pogue said the situation appears tied to a stricter interpretation of federal regulations following concerns about noncitizen commercial drivers involved in several high-profile crashes nationwide.There have been a lot of restrictions being placed on people that hold CDLs, Pogue said. Theres been a lot of things that theyre trying to look at as to why these CDLs should be restricted.But he argued the current policy is sweeping up drivers who were never the intended target.These are absolutely compliant drivers, Pogue said. Theyre permanent residents. The regulations were designed for them.Pogue said several solutions exist, including updated federal guidance recognizing immigration extension notices and other federally issued documents as acceptable proof for CDL renewals.All they have to do is update their regulation to say that the table of documents includes all the other documents that can show permanent resident status, he said. Problem is solved tomorrow.He also said Ohio could request a waiver while federal agencies address the issue.Complying with this isnt going to work because your regulation doesnt match reality, Pogue said.The Ohio BMV emphasized that CDL documentation requirements come from FMCSA and that states do not have discretion to deviate from federal requirements.The agency also said it routinely receives communications from applicants regarding document requirements but did not say whether it tracks complaints specifically related to pending immigration paperwork.WCPO reached out to FMCSA for clarification on the policy change, including questions about acceptable documentation for lawful permanent residents and whether additional guidance could be coming. The agency has not yet responded. ...read more read less