DC Circuit Questions FMCSA Non-Domiciled CDL Rule in Lujan Case

Federal appeals judges pressed the Department of Transportation on the reasoning behind FMCSA's new restrictions for non-domiciled commercial driver's licenses during oral arguments in Lujan v. FMCSA. FreightWaves reported September 23 that the questioning appeared more skeptical of the government's position, although questions from the bench do not predict the final ruling and the court has not yet decided the case.

The rule limits eligibility largely to people holding H-2A, H-2B or E-2 nonimmigrant status and requires an unexpired foreign passport plus qualifying Form I-94 documentation. Employment Authorization Documents are no longer accepted. FMCSA says the tighter standard addresses gaps in foreign driving-history checks and makes state licensing practices more uniform. The agency's February final rule confirms those requirements and says state agencies must use federal immigration-verification systems during qualifying transactions.

The challengers argue that FMCSA exceeded its authority by excluding other lawfully present workers, including DACA recipients, refugees and asylum-related applicants. During argument, judges questioned why a person able to provide a ten-year history should be categorically excluded and why no grandfather provision protects experienced non-domiciled drivers. Government counsel responded that state agencies cannot reliably interpret or obtain all foreign records and that current overseas driving may remain invisible to U.S. databases.

For drivers and carriers, the rule remains in effect while litigation continues. Employers should verify license status through normal compliance processes, document expiration dates and avoid treating oral-argument commentary as a court order. A separate New York challenge is scheduled for argument September 28. Drivers affected by immigration-based eligibility questions should consult the licensing agency and qualified legal counsel before assuming a credential can be issued, renewed or transferred.