Since the Federal Motor Carrier Safety Administration issued its interim final rule to drastically limit the use of non-domiciled CDLs, thousands of truckers have filed comments.
Many of those comments have come from non-domiciled CDL holders who say the rule threatens their livelihoods.
Now, several groups are asking the U.S. Court of Appeals for the D.C. Circuit to block the rule, saying it would have “devastating consequences” for hundreds of thousands of people who depend on their CDL to earn a living.
The lawsuit was filed on Monday, Oct. 20 by the Public Citizen Litigation Group, the American Federation of Teachers and the American Federation of State, County and Municipal Employees.
“This unlawful rule seems intended to put people authorized to work in the United States out of work, solely because of the prejudices of the Trump administration,” Wendy Liu, attorney at Public Citizen Litigation Group, said in a news release. “We are asking the court to promptly invalidate the rule to prevent devastating consequences for our clients and the hundreds of thousands of people across the country who depend on commercial driver’s licenses for their livelihoods.”
Interim final rule
Calling the current non-domiciled CDL system a threat to public safety, Transportation Secretary Sean Duffy announced the interim final rule in late September. The rule significantly limits state driver’s license agencies’ authority to issue and renew non-domiciled CDLs for individuals from foreign jurisdictions.
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.
“This change strengthens the security of the CDL issuance process and enhances the safety of commercial motor vehicle operations,” FMCSA wrote in the notice.
Citing recent crashes involving non-domiciled CDL holders and drivers who lacked basic English-proficiency skills, Duffy called the need for action a “national emergency.” The interim final rule took effect immediately, while a comment period remains open through Nov. 28.
The lawsuit
The named plaintiff is Jorge Rivera Lujan, who has been a truck driver for 11 years. According to the groups, Rivera Lujan is a DACA recipient who has lived in the United States since he was 2 years old. He said he tried to renew his CDL on Sept. 30 but was told he could not do so because of the interim final rule.
“Without a commercial driver’s license, I will lose my business and the income that allows me to provide for my family,” Rivera Lujan said. “I have followed all the rules and complied with all requirements set by the government.”
The petitioner’s statement is due Nov. 19. The groups said they plan to challenge the substance of the rule as well as FMCSA’s failure to follow rulemaking procedures.
How to comment
The public still has more than a month to comment on FMCSA’s interim final rule. To do so, click here or go to Regulations.gov and enter Docket No. FMCSA-2025-0622. As of Wednesday, Oct. 22, more than 3,200 comments had been submitted. LL
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