Appeals court denies request to suspend new nonresident CDL rule
The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday denied a request to suspend the FMCSA's new nonresident CDL rule, ruling that the plaintiffs failed to meet the strict standards for a stay. The rule requires nonresident drivers to hold an I-94 form and a valid passport, and to fall under H-2A, H-2B, or E-2 visa categories; otherwise, they will be unable to renew their licenses, potentially affecting 97% of the approximately 200,000 nonresident CDL holders over the next five years.
News Summary
- The U.S. Court of Appeals for the District of Columbia Circuitdeniedthe request to stay the Federal Motor Carrier Safety Administration (FMCSA)nonresident CDL new ruleNonresidents are foreign drivers legally residing in the U.S., and such drivers may account for up to one-quarter of all for-hire and private carrier drivers.
- Tuesday's ruling indicated that the judges questioned whether the parties suing the federal government could prevail. The appeals court stated in its order: "Petitioners have failed to meet the stringent requirements for a stay pending court review."
- The order means the case will continue, but the new rule remains in effect, with the judges noting "at least a substantial" disagreement over the issues involved. Briefing deadlines range from June 15 to August 5.
In-Depth Analysis
The new rule could gradually exclude most noncitizen drivers from the trucking industry. According to thefinal ruleissued in February, affected drivers account for approximately 97% of the roughly 200,000 nonresident CDL holders nationwide.
Drivers eligible to continue working must possess anI-94 arrival/departure recordand an unexpired passport, and must fall into one of three employment-based immigration categories: H-2A (temporary agricultural workers), H-2B (temporary non-agricultural workers), and E-2 (treaty investors) nonimmigrant status holders.
This differs from previous federal practice, which allowed the use of Employment Authorization Documents (EADs) to approve nonresident CDLs. FMCSA audits alleged that states such as Illinois, North Carolina, and Pennsylvania improperly issued and renewed nonresident licenses. The appeals court noted that the agency believed state clerks misread immigration codes on EAD forms.
"In contrast, the I-94 form conveys this information in plain English," the appeals court order stated.
A key issue in the audits (which threatened state funding) involved whether federal immigration documents expired before nonresident CDLs did. But some states have fought back through litigation, questioning whether they should actually lose that funding.
The agency also stated that the new 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 the rule that affected drivers may "gradually exit the market over the next five years."