The non-domiciled CDL lawsuit filed in the D.C. Circuit, Rivera Lujan v. FMCSA, is the lead federal challenge to a 2026 Trump administration rule that stripped most immigrant drivers of their eligibility for commercial driver’s licenses, and it is one of several court fights now unfolding across the country. The rule is in effect while the litigation continues, and oral arguments in the main case are expected in September 2026.1Landline Media. D.C. Circuit Denies Emergency Motion Over Non-Domiciled CDL Rule
What the Rule Changed
The Federal Motor Carrier Safety Administration issued an emergency interim rule on September 29, 2025, and finalized it on February 13, 2026, with an effective date of March 16, 2026.2Federal Register. Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL) The final rule limits non-domiciled CDL eligibility to holders of three employment-based visa categories: H-2A, H-2B, and E-2. Employment Authorization Documents, which states had previously accepted, no longer qualify. That change swept out asylum seekers, refugees, DACA recipients, and many other work-authorized immigrants who had been driving commercially.
The rule also caps license validity at one year or the expiration of the driver’s immigration documents, whichever comes first, requires states to query the federal SAVE verification system on every transaction, bars temporary driving privileges while verification is pending, and gives states 30 days to strip commercial privileges from a license when status cannot be confirmed.3FMCSA. Non-Domiciled CDL 2026 Final Rule FAQs Credentials must be marked “non-domiciled” on their face.
Rivera Lujan v. FMCSA: The Main Federal Challenge
Public Citizen Litigation Group filed the lead petition in the U.S. Court of Appeals for the D.C. Circuit on October 20, 2025.4Public Citizen. Lawsuit Challenges Punitive Trump Regulation Targeting the Livelihood of Immigrants The named plaintiffs are Jorge Rivera Lujan, a DACA recipient and truck driver, and Aleksei Semenovskii, a Russian asylum seeker who has driven trucks for more than five years. The American Federation of State, County and Municipal Employees and the American Federation of Teachers joined as organizational plaintiffs because their members include CDL holders who work for school districts and local governments. King County, Washington, filed a separate petition that was consolidated into the case.5FreightWaves. Request to Block Non-Domiciled CDL Rule Denied, Case Heads to Court The Teamsters and the Sikh Coalition are participating as amici.
The Arguments
The petitioners attack the rule on both procedural and substantive grounds. Procedurally, they argue the FMCSA bypassed notice-and-comment rulemaking without a valid “good cause” justification and failed to consult with states as federal law requires before issuing CDL regulations.6U.S. Court of Appeals for the D.C. Circuit. Jorge Rivera Lujan v. FMCSA, No. 25-1215
On the merits, they call the rule arbitrary and capricious under the Administrative Procedure Act. They note the FMCSA itself conceded it could not demonstrate a “measurable empirical relationship” between a driver’s nation of domicile and safety outcomes, and that non-domiciled CDL holders accounted for only 0.2% of fatal crashes despite making up about 5% of CDL holders. They argue the agency cherry-picked 17 crash examples without comparing them to the broader driver population, ignored less restrictive alternatives such as better training for state licensing clerks, and drew an irrational line by excluding groups like DACA recipients whose driving histories are entirely domestic.7Public Citizen. Motion to Stay, Rivera Lujan v. FMCSA
The FMCSA defends the rule as a safety measure that closes a vetting gap. The agency says H-2A, H-2B, and E-2 visa holders have been through enhanced consular screening, which it calls a “functional proxy” for the foreign driving history checks state agencies cannot perform on their own. It cited 17 fatal crashes in 2025 involving non-domiciled CDL holders who would have been ineligible under the new criteria, resulting in 30 deaths, and said it found no crashes among drivers who remain eligible under the tighter standard.2Federal Register. Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL)
The Two Rulings So Far
The petitioners won early. On November 13, 2025, the D.C. Circuit granted an emergency stay of the interim final rule, finding they had shown a likelihood of success on all three main arguments and that the rule threatened irreparable harm through the destruction of businesses and risk to the public. Circuit Judge Karen LeCraft Henderson dissented, saying she would have pursued expedited merits review instead.6U.S. Court of Appeals for the D.C. Circuit. Jorge Rivera Lujan v. FMCSA, No. 25-1215
When the FMCSA published the final rule in February 2026, the first case was placed in abeyance and petitioners filed a new challenge (Case No. 26-1032).7Public Citizen. Motion to Stay, Rivera Lujan v. FMCSA This time the panel split the other way. On May 5, 2026, Judges Gregory Katsas and Neomi Rao voted 2-1 to deny the emergency motion to stay, finding petitioners had not shown a strong likelihood of success and emphasizing the administrability problems states face when distinguishing DACA-specific status codes from other codes on Employment Authorization Documents. Judge Robert Wilkins dissented.1Landline Media. D.C. Circuit Denies Emergency Motion Over Non-Domiciled CDL Rule
The court did grant expedited review. Petitioners’ briefs were due June 15, 2026, the government’s response July 15, and final briefs August 5. Oral arguments are expected in September 2026, with a decision to follow.1Landline Media. D.C. Circuit Denies Emergency Motion Over Non-Domiciled CDL Rule
State-Level Lawsuits
California: Class Action by Affected Drivers
FMCSA audits found more than 25% of California’s sampled non-domiciled CDL records were improperly issued, and the agency ordered the state to pause issuances, audit all unexpired licenses, and revoke those that fell short, with roughly $160 million in federal highway funds at stake in the first year.8FMCSA. Trump’s Transportation Secretary Sean P. Duffy Takes Emergency Action to Protect America’s Roads
In December 2025, the Asian Law Caucus, the Sikh Coalition, and Weil, Gotshal & Manges filed a class-action in Alameda County Superior Court on behalf of roughly 20,000 drivers whose licenses were set to be canceled.9Asian Law Caucus. KYR: DOT Non-Domiciled Commercial Driver’s License In February 2026, a judge issued a tentative ruling letting those drivers keep their CDLs temporarily and ordering the DMV to allow reapplication, finding the state could not summarily revoke the licenses without due process.10CalMatters. Truck Drivers California The DMV has not been processing applications, however, because the FMCSA directed California not to issue non-domiciled CDLs or CLPs. The affected drivers are stuck between a state court order and a federal directive.
New York: The State Sues Over Withheld Funds
An FMCSA audit of 200 sampled New York records found a 53% failure rate, with the state DMV defaulting to eight-year licenses for foreign drivers regardless of when their legal status documents expired.11U.S. Department of Transportation. Trump’s Transportation Secretary Sean P. Duffy Uncovers Latest Bombshell: Over 50% of NYS Non-Domiciled CDLs Issued in Violation of Federal Law On April 16, 2026, the DOT withheld about $73.5 million in federal highway funds, with the potential to roughly double to $147 million if noncompliance continues.12U.S. Department of Transportation. FMCSA New York Final Determination
New York disputes the findings, saying it followed federal requirements consistently and that prior annual audits identified no problems. Governor Kathy Hochul called the funding cut “political payback,” and Attorney General Letitia James filed suit in the Second Circuit Court of Appeals challenging the determination.13FreightWaves. $73 Million at Stake: New York Challenges DOT’s Non-Domiciled CDL Ruling
Florida: Drivers Sue the State
Florida paused non-domiciled CDL issuance in November 2025 and kept the pause in place. On April 15, 2026, nineteen non-domiciled CDL holders sued the Florida Department of Highway Safety and Motor Vehicles, the FMCSA, and top officials in the U.S. District Court for the Southern District of Florida. The drivers allege the state’s pause, imposed under an FMCSA Corrective Action Plan, stripped their commercial driving privileges without individual hearings in violation of due process and equal protection. They describe the resulting harm as catastrophic, including lost jobs, mortgage defaults, and financial ruin.14CDL Life. Nineteen Non-Domiciled CDL Drivers File Lawsuit Accusing FMCSA and Florida of Ongoing and Irreparable Harm
Florida v. California and Washington at the Supreme Court
Florida asked the U.S. Supreme Court for permission to file an original jurisdiction lawsuit against California and Washington, accusing them of issuing CDLs to undocumented immigrants in violation of federal safety standards. On May 26, 2026, the Court denied the request without explanation. Justices Clarence Thomas and Samuel Alito dissented and said they would have allowed the case to proceed.15The New York Times. Supreme Court Drivers Licenses Migrants California responded that it verifies legal presence through SAVE and conducts English proficiency testing; Washington called the suit a political stunt.16CBS News. Supreme Court Florida Lawsuit California Washington Immigrant Truck Drivers
Who Is Affected and What Comes Next
Petitioners estimate roughly 200,000 people stand to lose their commercial driving privileges under the rule.17AFSCME. Lawsuit Challenges Punitive Trump Regulation Targeting the Livelihood of Immigrants With the final rule in effect and no stay in place, licenses are becoming non-renewable at a rate plaintiffs put at about 8,000 per month.18Landline Media. Plaintiffs Ask D.C. Circuit to Expedite Lawsuit Over Non-Domiciled CDLs Industry analysts have warned the rule could worsen existing driver shortages and strain a freight market already dealing with tight margins.19Inbound Logistics. New Restrictions on Non-Domiciled CDLs Spark Debate Over Safety, Workforce Impact
If you hold or employ a non-domiciled CDL holder, the current state of the law is this: the final rule applies, your license cannot be renewed unless you hold an H-2A, H-2B, or E-2 visa, and the main lawsuit that could change that will not be argued until September 2026. The FMCSA has also issued preliminary noncompliance determinations to Oregon, New Jersey, and Maryland, meaning the state-level pressure is likely to expand.20Federal Register. Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL) The D.C. Circuit’s eventual decision in Rivera Lujan will be the next turning point for whether the rule survives in its current form.