23 States Back FMCSA’s Non-Domiciled CDL Rule in Federal Court

A federal court challenge to FMCSA’s 2026 non-domiciled CDL rule is drawing organized support from both sides of the debate. Twenty-three states recently filed a friend-of-the-court brief supporting the agency in Lujan v. FMCSA, arguing that tighter federal eligibility and verification standards are necessary to protect road users. Other states and labor organizations are supporting the challenge, and oral arguments are scheduled for September 15.

The rule took effect March 16 and substantially narrowed eligibility for non-domiciled commercial learner’s permits and CDLs. FMCSA guidance says eligible foreign-domiciled applicants generally must show qualifying H-2A, H-2B or E-2 status, pass required verification, and meet every other federal and state licensing standard. The credential’s validity also cannot exceed the applicant’s authorized stay or one year, whichever is sooner.

The active lawsuit does not eliminate current compliance responsibilities. Drivers should confirm their status directly with the state licensing agency that issued their credential and promptly respond to requests for updated documentation. Carriers should verify license status through normal qualification processes and avoid making employment decisions from headlines or assumptions about a driver’s nationality.

For CDL students, the practical lesson is to use current state and FMCSA instructions when applying, renewing, transferring or upgrading a credential. Because litigation and agency guidance can change, applicants should document every licensing transaction and verify effective requirements before paying for testing or training.