Originally published at: Court Challenge Filed After FMCSA Finalizes Non-domiciled CDL Rule, Legal ■■■■■ Continues - FreightWaves
A new legal battle is underway following the U.S. Department of Transportation’s final rule tightening eligibility standards for nondomiciled commercial driver’s licenses, setting the stage for continued litigation in the D.C. Circuit Court of Appeals. One day after the Federal Motor Carrier Safety Administration published its final rule formalizing restrictions on nondomiciled CDLs, a coalition…
The unvarnished discrimination by AllOfGovernment action is unbecoming of our federal administration. They go after immigrants while parading their own spouses. The hypocrisy is getting beyond irony.
But my freight rates may go up almost as fast as the self-inflicted tariff inflation! Hooray.
You can file briefs until your blue in the face. It will not prevail. If you were granted a cdl with a document that does not verify your legal status in this country, you are out. It should have never been allowed to begin with. All of these interim non domiciled licenses were issued as temporary licenses. No part of this was intended for you to be granted a permanent visa to stay here. This is a choice between American driver and a foreign low wage earner taking an American drivers job. We do not need you. Thank you for your service and goodbye. American drivers will take back over from here. Thank you Secretary Duffy.
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If the stated justification for this regulation is public safety, particularly concerns related to background checks, then the requirement should be applied consistently and objectively. For example, a policy could state that any individual applying for a Commercial Driver’s License (CDL) must undergo a mandatory five-year background check, regardless of domicile classification.
There are non-domiciled CDL holders who have lived in the United States for decades due to prolonged immigration processes. Many have worked, paid taxes, and operated commercial vehicles responsibly for 20 or 30 years without incident. In evaluating safety, it is reasonable to ask: who presents a greater safety risk — a non-domiciled driver with 30 years of lawful residence and driving experience in the country, or a 19-year-old newly licensed citizen with limited experience? Likewise, how does a long-term resident compare to a recently arrived E2visa holder with no prior driving history in the United States? Or are you allowing him to drive just because he is bringing money into US? Then where is your safety concern?
If safety is truly the primary concern, then policy should focus on measurable factors such as driving record, criminal background, and professional compliance history — not immigration classification alone. Regulations that single out a specific category of drivers without individualized assessment risk appearing discriminatory rather than safety-driven.
A fair and effective safety framework should apply uniform standards based on objective criteria, ensuring that all commercial drivers are evaluated equally under the law.
DC circuit and apeals court is infested by Deeranged obama and biden judges. They always rule against rep administrations. I expect a deranged judge to rule against duffy because he hates Trump.
Unless duffy is willing to apeal all the way to the Supreme Court they rule will be killed by DC leftists judges…