A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued an emergency stay late Friday against Transportation Secretary Sean Duffy’s new regulations that would have sharply restricted which non-citizens can obtain or renew a U.S. commercial driver’s license (CDL). The interim final rule—promulgated after a June crash involving an undocumented driver—would have confined CDLs to holders of only H-2A, H-2B or E-2 visas and required states to cancel existing licenses for all other visa categories and for the undocumented.
In a six-page order, the court said DOT “failed to articulate a rational connection between visa class and highway safety” and likely violated the Administrative Procedure Act by skipping notice-and-comment procedures. The judges also noted data in the rule’s own preamble showing that immigrants hold roughly 5 percent of CDLs yet account for just 0.2 percent of fatal crashes—undercutting the agency’s safety rationale. Briefing on the merits is due in December; the stay will remain in place until the panel rules on the underlying legality.
![Federal Appeals Court Blocks DOT Rule Limiting Immigrants’ Commercial Driver’s Licenses]()
The decision is a major reprieve for motor-carrier employers scrambling to verify drivers’ status ahead of a January compliance deadline. Several large fleets said the rule would have sidelined thousands of long-time drivers at the height of the holiday shipping season, aggravating supply-chain pressures. State licensing agencies also warned of administrative chaos after California revoked 17,000 CDLs last month in anticipation of the federal mandate.
Secretary Duffy said in a statement that DOT is “reviewing its options,” and Republicans in Congress signaled they may try to codify the restrictions legislatively. For now, however, existing CDLs remain valid and immigrants in visa classes such as H-1B, L-1 or permanent resident status can continue to apply under pre-rule procedures. Employers should document compliance carefully, monitor the litigation and be prepared for possible policy swings as the case proceeds.
The ruling underscores that immigration-related employment regulations—particularly those issued on an emergency basis—remain vulnerable to APA challenges. Global mobility managers should review CDL requirements for foreign national employees who drive as part of their U.S. assignments and advise affected staff to keep copies of their current licenses and I-94 records on hand in case states issue new guidance.
In a six-page order, the court said DOT “failed to articulate a rational connection between visa class and highway safety” and likely violated the Administrative Procedure Act by skipping notice-and-comment procedures. The judges also noted data in the rule’s own preamble showing that immigrants hold roughly 5 percent of CDLs yet account for just 0.2 percent of fatal crashes—undercutting the agency’s safety rationale. Briefing on the merits is due in December; the stay will remain in place until the panel rules on the underlying legality.
The decision is a major reprieve for motor-carrier employers scrambling to verify drivers’ status ahead of a January compliance deadline. Several large fleets said the rule would have sidelined thousands of long-time drivers at the height of the holiday shipping season, aggravating supply-chain pressures. State licensing agencies also warned of administrative chaos after California revoked 17,000 CDLs last month in anticipation of the federal mandate.
Secretary Duffy said in a statement that DOT is “reviewing its options,” and Republicans in Congress signaled they may try to codify the restrictions legislatively. For now, however, existing CDLs remain valid and immigrants in visa classes such as H-1B, L-1 or permanent resident status can continue to apply under pre-rule procedures. Employers should document compliance carefully, monitor the litigation and be prepared for possible policy swings as the case proceeds.
The ruling underscores that immigration-related employment regulations—particularly those issued on an emergency basis—remain vulnerable to APA challenges. Global mobility managers should review CDL requirements for foreign national employees who drive as part of their U.S. assignments and advise affected staff to keep copies of their current licenses and I-94 records on hand in case states issue new guidance.
