Federal court pauses FMCSA’s non-domiciled CDL rule amid legal challenge
WASHINGTON, D.C. — A federal appeals court has temporarily halted the Federal Motor Carrier Safety Administration’s (FMCSA) controversial rule restricting commercial driver’s licenses (CDLs) for certain non-citizens, granting relief to drivers and carriers while the case undergoes judicial review.
According to FreightWaves, the U.S. Court of Appeals for the District of Columbia Circuit issued an administrative stay on November 10, 2025, in Jorge Rivera Lujan et al. v. FMCSA (Case No. 25-1215). The stay temporarily blocks enforcement of the rule that would have limited CDL eligibility for asylum seekers, DACA recipients, refugees, and other legally present non-citizens.
A three-judge panel granted the stay after reviewing emergency motions filed by the Public Citizen Litigation Group, the American Federation of Teachers, and AFSCME. The court clarified that the stay is procedural and not a final ruling, maintaining the status quo while it reviews the full arguments.
The order means FMCSA cannot currently enforce its non-domiciled CDL rule. Nearly 194,000 drivers who risked losing their CDLs or renewal eligibility under the policy can continue operating legally while the case proceeds. States may continue issuing and renewing CDLs for non-domiciled drivers under prior rules.
FMCSA’s rule, issued in late September under Transportation Secretary Sean Duffy, claimed to address a “national emergency” in CDL issuance. Critics argue the agency bypassed the normal rulemaking process by enacting an interim final rule without a notice-and-comment period, causing harm to lawful workers and their families.
The D.C. Circuit will next set a briefing schedule for both sides and review the administrative record, which includes FMCSA’s safety justifications, crash data, and internal memos. Oral arguments are expected in 2026.
The court could ultimately lift the stay, strike down the rule, or keep it frozen while the case continues. For now, the pause provides temporary certainty for drivers and carriers awaiting a long-term resolution.
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