The U.S. Department of Transportation took bold action by issuing an emergency interim final rule that removes nearly 200,000 non-domiciled CDLs.
Was the decision the right move for safety, or did the agency go too far?
Now is the time for you to let the Federal Motor Carrier Safety Administration know your thoughts. The agency is accepting comments through Friday, Nov. 28. So far, more than 7,200 comments have been submitted.
What is the interim final rule?
Pointing to some recent high-profile crashes as well as an audit into non-domiciled CDLs, Transportation Secretary Sean Duffy called the current system “broken” and a “threat to public safety.” The DOT said many drivers with non-domiciled CDLs aren’t qualified or aren’t legally in the U.S.
In late September, FMCSA issued an emergency interim final rule to tackle the problem. Under the rule, an Employment Authorization Document (EAD) would no longer be enough to obtain a non-domiciled CDL. Additionally, asylum seekers, asylees, refugees and Deferred Action for Childhood Arrivals (DACA) recipients would be excluded from eligibility. The majority of current non-domiciled CDL-holders possessed an EAD. Many of the individuals may be eligible for other employment in the United States.
According to the agency, the changes would remove about 194,000 current non-domiciled CDL holders from the trucking industry.
“This change strengthens the security of the CDL issuance process and enhances the safety of commercial motor vehicle operations,” FMCSA wrote in the notice.
The interim final rule took effect immediately, but a lawsuit has since put the rule on pause.
What’s the latest with the lawsuit?
In October, several groups challenged FMCSA’s interim final rule on behalf of truck driver Jorge Rivera Lujan.
According to the plaintiffs, Rivera Lujan is a DACA recipient who has been a truck driver for 11 years and has lived in the U.S. since he was 2 years old. The interim final rule prevented Rivera Lujan from renewing his CDL.
The groups challenged FMCSA’s decision to put the rule into effect before going through the typical rulemaking process and asked the court to stay the effective date as the lawsuit plays out.
On Nov. 10, the U.S. District Court of Appeals for the D.C. Circuit granted an administrative emergency stay to give the court more time to look at the merits of the case. Three days later, the court elevated the administrative stay to a full emergency stay.
Last week, the feds requested that the lawsuit be put on pause until an updated final rule is issued. It appears that’s what will happen as the petitioners representing Rivera Lujan told the court on Nov. 24 that they do not oppose the motion to place the case in abeyance.
What are the comments saying?
Many of the comments come from the drivers who would lose their CDLs. Many of them argue that the rule would remove their livelihoods, even though they have operated a commercial motor vehicle for years without incident.
“I am an asylum seeker in the United States with lawful presence and an Employment Authorization Document (EAD),” Amandeep Singh wrote. “I legally obtained my Commercial Driver’s License from 2019 under the previous rules. This change has created extreme hardship for me, my family and many other asylum seekers who are legally authorized to live and work in the U.S. I am strongly following rules and regulations, pay (taxes) … and help my family. This law in a stroke of a pen has taken our livelihood away. I will lose my houses, cars, won’t be able to support my family.”
Others contend that the rule is needed to improve safety.
“I strongly support the FMCSA amendment to restrict the issuance of CDLs to foreign-domiciled drivers,” Don Snopps wrote. “A CDL should only be issued on the basis of full compliance with FMCSA rules and regulations … and especially the English-language provision. I fully understand the need for immigrants to be able to assimilate into the workforce, but full compliance to safety rules and regulations is a must. As a retired CDL holder who started his driving career in the 1970s, the recent uptick in violent crashes involving drivers unable to properly communicate with law enforcement and safety personnel is of great concern to me, as it should be to anyone concerned with safety throughout the transportation industry.”
How do I comment?
Comments can be submitted by going to Regulations.gov and entering Docket No. FMCSA-2025-0622. The agency will accept comments through the end of Friday, Nov. 28. LL
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