Federal Court temporarily halts FMCSA’s non-domiciled CDL rule

In a major development with nationwide implications for motor carriers, foreign drivers, and state licensing agencies, the U.S. Court of Appeals for the D.C. Circuit has temporarily stayed the Federal Motor Carrier Safety Administration’s (FMCSA) controversial interim final rule (IFR) restricting the issuance of non-domiciled commercial driver’s licenses (CDLs). The court’s November 10, 2025 order halts the rule pending further judicial review, creating further uncertainty for the industry. Judge Karen LeCraft Henderson dissented from the stay.

Background

FMCSA’s rule—published September 29 at 90 Fed. Reg. 46,509—dramatically narrowed who can hold a non-domiciled CDL or commercial learner’s permit (CLP). The agency limited eligibility to individuals on H-2A, H-2B, or E-2 visas and excluded other categories such as asylum seekers, refugees, and Deferred Action for Childhood Arrivals (DACA) recipients.

In its Federal Register notice, FMCSA said the change was needed to “restore integrity” to CDL issuance and address safety risks from applicants whose foreign driving histories cannot be verified by U.S. states. The rule took immediate effect, bypassing the normal notice-and-comment process, with FMCSA claiming “good cause” because advance notice could trigger a surge of applications from now-ineligible drivers.

The Lawsuit

Two separate petitions were filed in the D.C. Circuit and later consolidated:

• Lujan v. FMCSA (No. 25-1215): filed by two commercial drivers—one a DACA recipient, the other an asylum seeker—along with the unions AFSCME and AFT.

• King County v. FMCSA (No. 25-1224): brought by the King County, Washington government, which employs non-domiciled CDL holders to operate its public transit fleet .

Both petitions seek to overturn the IFR and immediately stay its enforcement, arguing that it unlawfully bars thousands of legally authorized workers from driving commercial vehicles and undermines essential public services.

The plaintiffs make a multi-front attack on the IFR:

• Arbitrary & Capricious: They contend FMCSA offered no evidence linking immigration status to highway safety and conceded it had no empirical data proving that non-domiciled drivers are less safe.

• Procedural Violations: Petitioners say the agency lacked “good cause” to skip public notice and comment, and failed to consult with states as required by 49 U.S.C. § 31308.

• Exceeding Statutory Authority: They argue Congress authorized FMCSA to set driver-safety standards, not to impose categorical immigration-based bans.

• Irreparable Harm: Drivers face immediate job loss and loss of benefits; King County warns of severe transit driver shortages and wasted training investments.

For its part, FMCSA—joined by the Department of Justice—defended the rule as a lawful and reasonable safety measure under the Commercial Motor Vehicle Safety Act. The agency said states cannot reliably obtain foreign driving records, making it impossible to ensure that some applicants are safe to operate heavy vehicles.

FMCSA emphasized that the rule is not based on immigration status per se, but rather on the lack of accessible driving histories for most non-domiciled applicants. It also argued that certain visa categories—like H-2A, H-2B, and E-2—include employer screening and safety vetting that mitigate those concerns.

The agency maintained it had good cause to skip public comment, citing recent fatal crashes involving non-domiciled drivers and warning that advance notice would have caused a rush of last-minute CDL applications. A stay, FMCSA argued, would undermine highway safety and the public interest.

Temporary Stay

On November 10, 2025, a three-judge panel of the D.C. Circuit issued a per curiam order granting an administrative stay of the rule “pending further order of the court.” The court’s order lacks any substantive findings, merely noting that the stay’s purpose is to give it time to evaluate the pending motions and their merits. Judge Henderson dissented and would have denied the stay.

The ruling effectively pauses enforcement of the IFR, restoring pre-September 29 eligibility standards for non-domiciled CDL and CLP applicants until the court issues a fuller ruling on the stay requests.

What the Stay Means for Fleets and States

The stay conceivably means states are entitled to resume issuing and renewing non-domiciled CDLs under prior rules unless they choose to continue applying the IFR voluntarily. That means drivers such as asylum seekers, refugees, and DACA recipients may be able to seek or renew CDLs while the litigation continues.

However, the administrative stay is temporary; the court could soon decide whether to extend the stay pending appeal or allow the rule to take effect again. FMCSA has also kept the public-comment docket open through November 28, 2025, signaling that it intends to finalize the rule regardless of the ongoing litigation.

The D.C. Circuit will now decide whether to grant a full stay pending judicial review, though the timing of that decision is unknown. Ultimately, the court’s eventual merits ruling will clarify how far FMCSA’s statutory authority extends over non-domiciled driver eligibility and how much process the agency must follow when safety and immigration issues intersect.

Bottom line: The D.C. Circuit’s pause represents a major, though temporary, victory for petitioners challenging FMCSA’s non-domiciled CDL rule. Fleets employing affected drivers should continue monitoring the docket closely, as the outcome will shape both workforce eligibility and state licensing practices nationwide.

About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.