COURT HALTS FMCSA’S EMERGENCY RULE ON NON-DOMICILED CDLs

SafetyLane Editorial Team
16 hours ago
4 min read

What the pause means for fleets, safety directors, and America’s driver pool

By SafetyLane Editorial Staff

A Swift Rule — and an Even Swifter Reversal

In late September 2025, the Federal Motor Carrier Safety Administration (FMCSA) shocked the transportation world by issuing an Interim Final Rule (IFR) that dramatically restricted eligibility for non-domiciled Commercial Driver’s Licenses (CDLs) and Commercial Learner’s Permits (CLPs). The rule, announced as an “emergency action,” sought to close what the agency described as widespread gaps in how states issued licenses to foreign nationals and temporary visa holders.

Barely six weeks later, on November 10 2025, the U.S. Court of Appeals for the District of Columbia Circuit issued an administrative stay, halting the rule’s enforcement until the court can review its legality. The decision left carriers, drivers, and state agencies in a state of regulatory limbo—unsure whether to proceed with the new requirements or pause implementation altogether.

Why the FMCSA Claimed an Emergency

According to FMCSA and the U.S. Department of Transportation, a national audit of State Driver Licensing Agencies (SDLAs) revealed systemic irregularities in non-domiciled CDL issuance.

In some states, as many as one in four non-domiciled licenses had been granted without proper immigration verification or were valid beyond the holder’s legal U.S. presence.
The agency linked several fatal truck crashes in 2025 to drivers who held improperly issued non-domiciled CDLs.

Transportation Secretary Sean P. Duffy called the situation “an imminent hazard to public safety,” arguing that the integrity of America’s licensing system was at stake.

Inside the Emergency Rule

The emergency regulation, published in the Federal Register on September 29 2025, imposed the strictest verification standards ever applied to foreign drivers operating in the United States.

Key provisions included:

Tightened eligibility — Only certain non-immigrant visa categories (H-2A, H-2B, E-2, and a limited few others) would qualify for non-domiciled CDLs or CLPs.
Document verification — Applicants must present an unexpired foreign passport and a valid I-94 or I-94A form showing approved status at every issuance or renewal.
SAVE system checks — States must use the federal Systematic Alien Verification for Entitlements database to confirm lawful presence.
Shorter validity — A non-domiciled CDL could not exceed the expiration of the visa or one year, whichever came first.
In-person renewals only — Remote or mail renewals were prohibited.
Federal funding penalties — States that failed to comply risked the loss of millions in federal highway funds.

FMCSA justified bypassing the usual public comment period by citing “imminent safety concerns” under the Administrative Procedure Act.

Immediate Shockwaves Across the Industry

Within days of publication, multiple states—including California and Oregon—suspended issuance of new non-domiciled CDLs, citing uncertainty and technical limitations in verifying immigration status under the new framework.

For carriers, the rule triggered urgent compliance reviews:

Companies employing drivers with non-domiciled licenses were advised to re-audit qualification files, check visa validity, and confirm that each license was issued under compliant procedures.
Operating a vehicle with a driver who no longer met eligibility criteria could expose carriers to civil penalties, insurance violations, or safety-rating consequences.

For drivers, the rule created immediate employment insecurity. Many lawful foreign workers with Employment Authorization Documents (EADs)—previously accepted—suddenly found themselves ineligible under the new rule.

The Court Steps In

On October 20 2025, a coalition of labor and civil-rights organizations—including the American Federation of Teachers, AFSCME, and Public Citizen—filed suit against FMCSA, arguing the rule violated procedural law and inflicted irreparable harm.

The case, Jorge Rivera Lujan v. FMCSA, contends that:

The agency lacked sufficient evidence of an emergency to bypass the notice-and-comment process.
The rule unlawfully disenfranchised thousands of legally authorized drivers.
The abrupt rollout threatened livelihoods and disrupted supply chains.

On November 10 2025, the D.C. Circuit Court granted an administrative stay, temporarily suspending enforcement while judges review the case. The court emphasized that the stay “does not reflect a ruling on the merits,” but preserves the status quo until further briefing and argument.

Industry Implications and Next Steps

For safety directors and compliance managers, the pause offers breathing room—but not certainty. Even if the rule remains stayed, the industry has been put on notice: FMCSA intends to tighten oversight of foreign driver licensing.

Carriers and compliance professionals should:

Continue auditing driver qualification files for immigration documentation and license validity.
Educate dispatchers and recruiters on verifying CDL classes, expiration dates, and visa types.
Track FMCSA’s public docket and prepare for potential re-issuance of a revised final rule after the stay is resolved.

Drivers holding non-domiciled CDLs are encouraged to maintain active legal status documentation and renew permits in person when possible.

States are awaiting federal clarification. If the rule is reinstated, SDLAs will face intense pressure to implement SAVE system integrations and document retention protocols within months.

Economic and Operational Fallout

Analysts estimate the rule could affect as many as 190,000 CDL holders nationwide. If the rule ultimately takes effect, fleets dependent on foreign drivers may confront significant labor shortages, reshaping freight capacity and pricing.

Insurance carriers are already signaling stricter underwriting standards for fleets employing non-domiciled drivers. Brokers, too, may begin requesting proof of compliance to mitigate liability.

For compliance firms, such as CellEx Consulting Group and others in the safety-management field, the moment underscores the growing intersection between immigration law, safety regulation, and risk management.

The Road Ahead

The D.C. Circuit’s stay may be temporary. The court could lift it in the coming months, or extend it pending a full judicial review. Meanwhile, FMCSA continues to defend the rule, citing its statutory authority under 49 U.S.C. 31311 to protect highway safety.

A companion bill introduced in Congress—the Non-Domiciled CDL Integrity Act (H.R. 5688)—seeks to permanently codify the rule, signaling that the policy debate will likely move from the courtroom to Capitol Hill.

Public comments on the rule remain open through November 28 2025, after which the agency may issue a revised final version.

Conclusion

Whether ultimately upheld or struck down, FMCSA’s emergency rule marks one of the most aggressive regulatory moves in recent memory—one that touches every corner of the trucking industry, from state agencies to small carriers.

For compliance officers, safety directors, and professional educators, the message is unmistakable: the age of relaxed verification is over. The coming months will determine how rigorously, and how quickly, America rebuilds trust in its CDL system.

THE DAILY PULSE