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Unions and Public Citizen Sue to Overturn DOT Emergency Curb on Non‑Domiciled CDL Renewals

Petitioners argue the emergency rule bypassed required procedures, wrongly sidelining authorized immigrant drivers.

Overview

  • Public Citizen, AFSCME and AFT filed a petition for review in the U.S. Court of Appeals on Oct. 20 challenging the Federal Motor Carrier Safety Administration’s September emergency action.
  • The interim rule pauses issuance and renewal of non‑domiciled commercial licenses except for certain employment‑based visa holders and orders state audits with new document and status verification.
  • DOT cites what it calls widespread noncompliance and five fatal crashes involving non‑domiciled CDL holders as the safety rationale for the temporary rule.
  • Plaintiffs include Utah DACA recipient Rivera Lujan, who was denied a CDL renewal on Sept. 30, and asylum seeker Aleksei Semonvskii, both saying the policy threatens their livelihoods.
  • Union leaders say the restriction will disrupt essential services that rely on commercial drivers, and petitioners warn hundreds of thousands of workers could be affected as public comments proceed.