Non-Domiciled CDLs: FMCSA Emergency Rule Challenged in Lawsuit

Labor Unions Sue FMCSA Over Emergency Rule on Non-Domiciled CDLs

Unions Challenge FMCSA Rule on Non-Domiciled CDLs

Two major labor unions are taking the Federal Motor Carrier Safety Administration (FMCSA) to court over its emergency rule on non-domiciled CDLs and commercial learner’s permits (CLPs).

The American Federation of State, County & Municipal Employees (AFSCME) and the American Federation of Teachers (AFT) filed a petition for review on October 20, 2025. The filing was made with the U.S. Court of Appeals for the District of Columbia Circuit.

The unions, joined by two individual drivers, are challenging FMCSA’s interim rule titled “Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses.” The rule was published in the Federal Register on September 29, 2025 (90 Fed. Reg. 46509) and took effect immediately.

The petition claims the emergency rule was rushed and unfairly affects lawful non-citizen drivers who depend on non-domiciled CDLs to work.

Why FMCSA Restricted Non-Domiciled CDLs

The emergency rule was issued after a nationwide audit by the U.S. Department of Transportation (DOT). FMCSA said the review found serious problems in how some states issued non-domiciled CDLs.

In several cases, licenses were issued to drivers who were not legally eligible to hold them. Some remained valid even after a driver’s legal presence in the United States had expired.

California was found to have the highest rate of errors. More than one in four non-domiciled CDLs reviewed in the state were issued incorrectly. FMCSA also connected several fatal crashes this year to drivers holding non-domiciled CDLs.

Because of these findings, DOT ordered states to identify and revoke any CDLs or CLPs that do not meet the new federal standards. States that fail to act could lose highway funding.

Transportation Secretary Sean P. Duffy said, “Licenses to operate a massive, 80,000-pound truck are being issued to dangerous foreign drivers—often times illegally. Today’s actions will prevent unsafe foreign drivers from renewing their license and hold states accountable.”

Labor Unions Say the Rule Hurts Legal Holders of Non-Domiciled CDLs

AFSCME and AFT say the FMCSA went too far with its restrictions on non-domiciled CDLs. They argue that the agency used the “emergency” label to skip normal rulemaking steps, including public notice and comment.

Their petition says the rule “imposes sweeping restrictions” that could harm lawful drivers who rely on non-domiciled CDLs to make a living.

The unions also warn that many of their members could lose jobs if their licenses are revoked. They argue that the FMCSA has not shown a clear or immediate danger that would justify bypassing public input.

Drivers with Non-Domiciled CDLs Join the Case

Two drivers, Jorge Rivera Lujan and Aleksei Semenovskii, are also listed as petitioners in the lawsuit. Both hold non-domiciled CDLs and could lose their licenses under the new rule.

They are represented by Public Citizen Litigation Group, along with attorneys from AFSCME and AFT. Wendy Liu of Public Citizen signed the filing on behalf of all petitioners.

Copies of the petition were sent to DOT General Counsel Greg Zerzan, FMCSA’s Office of the Chief Counsel, and the U.S. Attorney General’s Office.

FMCSA Defends Its Rule

FMCSA has not yet issued a formal response to the lawsuit. However, officials have defended the emergency rule, saying it is needed to “restore integrity” to CDL issuance. The agency insists the goal is to ensure that only qualified and lawfully present drivers hold non-domiciled CDLs.

FMCSA argues that gaps in state licensing systems have allowed unqualified drivers to operate commercial vehicles. By tightening the process, the agency says it is protecting public safety on U.S. highways.

If the D.C. Circuit Court decides to review the case, FMCSA could be required to reopen the rule for public comment or delay enforcement. Until then, the rule remains in effect nationwide.

States and Drivers Adjust to New CDL Rules

Several states including New Mexico, Oregon, and Texas have already paused issuing non-domiciled CDLs as they update their systems to meet FMCSA’s new standards. California faces strict deadlines to comply or risk losing millions of dollars in federal highway funding.

The outcome of this case could have far-reaching effects. Thousands of non-citizen drivers rely on non-domiciled CDLs or CLPs to maintain their jobs in the trucking industry.

The court’s decision will determine how those drivers—and the states that license them—move forward under FMCSA’s emergency rule.