Labor unions and advocacy groups say the rule unfairly targets lawful, foreign-born drivers
A major legal challenge has been launched against the Federal Motor Carrier Safety Administration (FMCSA) after the agency introduced a rule that could strip nearly 194,000 immigrant truckers of their commercial driver’s licenses (CDLs).
The Public Citizen Litigation Group, together with the American Federation of State, County and Municipal Employees (AFSCME) and the American Federation of Teachers (AFT), filed the petition in the U.S. Court of Appeals for the D.C. Circuit.
The lawsuit claims that FMCSA’s new rule violates the rights of lawful, foreign-born drivers who have lived and worked safely in the U.S. for years – accusing the agency of using regulatory changes to target immigrants under the guise of “integrity” reforms.
While the case proceeds, the rule remains in effect, and thousands of truckers could soon face unexpected career disruptions.
The Rule at the Center of the Lawsuit
The regulation, titled “Restoring Integrity to the Issuance of Non-Domiciled Commercial Driver’s Licenses (CDL),” took effect in September 2025.
The FMCSA argues that the new process strengthens identity verification and safety standards. But advocacy groups say the rule goes too far cutting out lawful, experienced drivers who have long met all safety and employment requirements.
The rule now limits CDL eligibility to only three categories of visa holders:
- H-2A (temporary agricultural workers)
- H-2B (temporary non-agricultural workers)
- E-2 (treaty investors and employees)
Drivers who rely on an Employment Authorization Document (EAD), including DACA recipients, will lose eligibility when their current CDL expires.
States must also:
- Verify immigration status using federal databases such as SAVE
- Require in-person renewals
- Shorten renewal terms and enforce stricter documentation
FMCSA insists these measures “restore integrity” to CDL issuance. The lawsuit, however, claims the rule unfairly disqualifies lawful workers and could destabilize the trucking labor market.
Industry and Driver Impact
If upheld, the rule could have broad effects on carriers and drivers nationwide.
Thousands of truckers could lose their ability to operate legally despite years of clean records, while carriers relying on immigrant labor could face severe staffing shortages.
According to labor advocates, removing nearly 200,000 professional drivers could deepen supply chain pressures and slow freight movement across the country.
“Drivers who’ve proven their safety and reliability shouldn’t be pushed out because of paperwork,” one advocate said. “This rule could punish the very people who helped keep America moving.”
What Drivers Can Do Right Now
- Review your work authorization.
Only holders of H-2A, H-2B, or E-2 visas remain eligible under the new rule. Drivers with EADs should prepare for possible renewal issues. - Renew and verify early.
Make sure your documents and immigration status are updated to avoid delays with the SAVE system. - Talk with your employer.
Carriers should review their driver rosters now to confirm continued eligibility under FMCSA’s requirements. - Stay informed.
Track updates through the FMCSA Newsroom andPublic Citizen. - Plan your next step.
If your CDL eligibility changes, explore non-CDL driving jobs that let you continue earning and stay active in the transportation field.
What’s Next for the Case
The lawsuit is now before the D.C. Circuit Court of Appeals, where the coalition will argue that FMCSA overstepped its authority and violated federal protections for lawful immigrant workers.
A decision could take months, but its outcome will set a precedent that affects not only immigrant drivers but the broader structure of CDL eligibility nationwide.
Until then, the rule stands and both drivers and carriers must adapt quickly to a shifting regulatory landscape.
Your CDL Status May Change But Your Career Doesn’t Have To
If your CDL renewal is uncertain or you’re waiting for the court’s decision on FMCSA’s new rule, that doesn’t mean your career needs to stop.
Many non-CDL driving jobs pay just as well as CDL routes and offer steady work, home time, and dependable income. Local delivery, regional driving, and expedited freight positions all need skilled drivers and your experience still matters.
With legal challenges clouding the CDL rule and uncertainty around who can renew or maintain licensure, many drivers are choosing work they can run today instead of waiting on a policy outcome. For drivers in that situation, exploring non-CDL owner-operator jobs with vetted freight partners can help keep earnings moving while regulations are still in flux.
