The U.S. Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) are gearing up for a protracted court battle over a controversial September 2025 interim final rule restricting non-domiciled commercial driver’s licenses (CDLs).
A non-domiciled CDL is issued by states to drivers whose primary residence is in a foreign country, allowing certain non-U.S. citizens or permanent residents with valid work authorization to operate commercial vehicles in the United States.
The rule, announced by Transportation Secretary Sean Duffy in late September 2025 and effective immediately, declared the widespread improper issuance of these licenses a "national emergency" threatening highway safety. It eliminated the use of an Employment Authorization Document (EAD) alone as sufficient proof of eligibility and explicitly bars asylum seekers, asylees, refugees, and DACA recipients from obtaining or renewing non-domiciled CDLs or commercial learner’s permits (CLPs). Only foreign drivers with specific employment-based visas and verified temporary or indefinite legal presence now qualify.
FMCSA’s 2025 audits uncovered systemic violations in multiple states, including California (where ~25% of non-domiciled CDLs were improperly issued), Colorado, Pennsylvania, South Dakota, Texas, and Washington. The agency cited several fatal 2025 crashes involving non-domiciled CDL holders and warned that lax practices allowed unqualified or unauthorized drivers on U.S. roads. The rule was projected to disqualify approximately 194,000 existing non-domiciled CDL holders, dramatically shrinking the pool of eligible foreign truck drivers.
The rule bypassed normal notice-and-comment rulemaking under the "good cause" exception, prompting swift legal backlash. Petitioners, including affected drivers and advocacy groups, sued in the U.S. Court of Appeals for the D.C. Circuit, arguing the agency lacked justification for emergency action, violated the Administrative Procedure Act, exceeded its authority, and failed to consult states.
On November 10, 2025, the court issued an administrative stay, followed by a full emergency stay on November 13, halting enforcement pending review. States may continue issuing non-domiciled CDLs under pre-rule guidance for now.
Secretary Duffy sharply criticized the stays, stating the DOT is "not going to take this lying down" and is developing aggressive legal strategies to defend the rule. He emphasized public safety risks, noting, saying, "People are dying," and dismissed calls for more data as out of touch with visible dangers. FMCSA Administrator Derek Barrs vowed tougher enforcement against non-compliant carriers and states.
Supporters, including the Owner-Operator Independent Drivers Association (OOIDA), praised the restrictions and urged Congress to pass legislation like Rep. David Rouzer’s Non-Domiciled CDL Integrity Act to make them permanent. Critics warn of potential driver shortages and economic disruption in trucking.
As of November 19, 2025, oral arguments are pending, with the case highlighting tensions between highway safety, immigration policy, and administrative process.