Appeals court denies request to suspend new rules for nonresident commercial driver's licenses
The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday denied a request to suspend the Federal Motor Carrier Safety Administration's new nonresident commercial driver's license (CDL) rules, ruling that the petitioners failed to meet the strict standards for a stay. The rules will gradually restrict most noncitizens from trucking, affecting approximately 97% of the nation's roughly 200,000 nonresident CDLs. The case will continue, with filing deadlines for legal documents set from June 15 to August 5.
Key Takeaways:
- A federal appeals courtdenieda request to pause the Federal Motor Carrier Safety Administration's (FMCSA)new nonresident CDL ruleNonresident refers to a special category held by foreign drivers legally residing in the U.S., who may account for up to a quarter of drivers at for-hire and private carriers.
- Tuesday's ruling shows judges on the U.S. Court of Appeals for the D.C. Circuit questioning whether the parties suing the federal government can prevail. The appeals court stated in its ruling: "Applicants have failed to meet the stringent requirements for a stay pending court review."
- The ruling means the case will proceed while the rule remains in effect, with judges noting "at least fairly debatable" disagreements over the issues involved. Filing deadlines range from June 15 to August 5.
Dive Insight:
Issued under afinal rulein February, the new rule could gradually exclude most noncitizens from the trucking industry, affecting about 97% of the approximately 200,000 nonresidentCDLsnationwide.
Drivers eligible to continue working must hold anI-94 arrival recordand an unexpired passport, and fall into one of three employment-based immigration categories.
These categories include H-2A (temporary agricultural workers), H-2B (temporary non-agricultural workers), and E-2 (treaty investor) nonimmigrant status holders.
This differs from the federal government's previous practice of allowing the use of Employment Authorization Documents (EADs) to approve nonresident CDLs. FMCSA audits alleged thatIllinois,、North Carolina,andPennsylvaniaamong other states were not correctly issuing and renewing nonresident licenses. The appeals court noted the agency believes state clerks misread immigration codes on EAD forms.
"By contrast, the I-94 form conveys this information in plain English," the appeals court ruling stated.
A key issue in the audits—which have threatened state funding—involves whether federal immigration documents expire before nonresident CDLs do. But some states havefought back with lawsuits, questioning whether they should really lose that funding.
The agency also said the rule strengthens identity verification requirements, aiming to improve road safety. The rule also applies to commercial learner's permits.
The rule particularly takes effect when nonresident CDL holders seek to renew their licenses. FMCSA stated in its rule that affected drivers may "phase out of the market over the next five years."