Court Asked to Block FMCSA Non-Domiciled CDL Rule Before March 16
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A new lawsuit is asking a federal court to pause the FMCSA non-domiciled CDL rule before it takes effect on March 16. The case challenges the agency’s final rule restricting who qualifies for a non-domiciled commercial driver’s license.
The petition was filed in the case of Jorge Rivera Lujan et al. v. Federal Motor Carrier Safety Administration. The group is requesting an emergency stay, which would temporarily stop the rule while the court reviews it.
This is not the first time these petitioners have taken legal action against FMCSA over non-domiciled CDL eligibility.
What the Lawsuit Is Asking the Court to Do
The petitioners argue that the final rule should be paused because it is likely unlawful. They claim the rule is “arbitrary and capricious,” which is a legal standard courts use when reviewing federal agency decisions.
In simple terms, they argue that FMCSA did not properly justify the rule and may have already decided the outcome before reviewing the evidence.
The filing states that allowing the rule to take effect would cause “irreparable harm” to affected drivers and have broader consequences across the country.
Before going to court, the group asked FMCSA directly to delay the rule. According to the filing, the agency denied that request on February 19.
If the court does not grant the stay, the rule is scheduled to go into effect on March 16.
Background: A Previous Court Stay in 2025
This legal fight has already played out once before.
In November 2025, the U.S. Court of Appeals for the D.C. Circuit granted an emergency stay of FMCSA’s earlier Interim Final Rule, often referred to as the IFR. That earlier action temporarily blocked restrictions on non-domiciled CDL eligibility.
At that time, the court indicated the petitioners were likely to succeed in arguing that FMCSA acted in an arbitrary and capricious manner.
The court noted that FMCSA’s own data appeared to show that non-domiciled CDL holders were involved in fatal crashes at a lower rate than other CDL holders. According to court documents, non-domiciled CDL holders made up about 5 percent of all CDL holders but were involved in roughly 0.2 percent of fatal crashes.
After that ruling, FMCSA proceeded with formal rulemaking through the notice-and-comment process. The agency then issued its final rule earlier this month.
What FMCSA Says in the Final Rule
In the new final rule, FMCSA expanded on its safety justification.
The agency reported identifying 17 fatal crashes in 2025 that were caused by non-domiciled CDL holders. According to FMCSA, those crashes resulted in 30 deaths and multiple serious injuries.
The agency stated that the drivers involved in those crashes would not have been eligible under the new rule. The FMCSA also said it did not find fatal crashes caused by non-domiciled CDL holders who would remain eligible under the revised regulations.
The FMCSA maintains that prior state-administered screening processes for foreign-domiciled drivers were not sufficient to identify high-risk drivers.
FMCSA Administrator Derek Barrs recently said the rule is part of a broader effort to strengthen the CDL system. He emphasized that a CDL should clearly represent that a driver is fully qualified to operate a commercial motor vehicle.
Petitioners’ Arguments Against the Rule
The petitioners argue that the final rule is nearly identical to the earlier Interim Final Rule that was paused by the court.
They claim FMCSA did not meaningfully address the concerns raised in the earlier case. According to the filing, the agency “first decided on the outcome” and then looked for evidence to support it.
The petition outlines several legal arguments, including:
- The agency’s safety justification is not supported by the data.
- State compliance issues do not justify the new restrictions.
- Driving history concerns do not support excluding certain groups.
One key issue involves DACA recipients. The petition argues that individuals with DACA status have U.S. driving histories because they have continuously resided in the United States since childhood. As a result, the filing claims the rule unfairly excludes drivers who have only driven in the United States.
Legislative Interest and Broader Policy Debate
The lawsuit comes at a time when members of Congress and President Donald Trump have expressed interest in codifying parts of the final rule into federal law.
Those discussions go beyond non-domiciled CDL eligibility and include topics such as English language proficiency enforcement and state CDL oversight.
For trucking companies and owner-operators, this issue is part of a larger conversation about driver qualification standards and federal oversight of state CDL programs.
What This Means for Motor Carriers and Drivers
As of now, the final rule is still scheduled to take effect on March 16 unless the court intervenes.
If the stay is granted, implementation would be paused until the court completes its review. If the stay is denied, the new eligibility restrictions will move forward as planned.
Motor carriers that employ or contract with non-domiciled CDL holders should monitor this case closely. Any change in eligibility rules can directly affect hiring, fleet capacity, and compliance planning.
We will continue to monitor developments in the FMCSA non-domiciled CDL rule and provide updates as the court decides whether to pause the regulation.
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