An emergency motion has been filed with the U.S. Court of Appeals for the D.C. Circuit, urging the court to immediately suspend the Department of Transportation’s (DOT) new regulation that prohibits approximately 200,000 non-citizens from obtaining commercial driver’s licenses (CDLs). The motion argues that the Federal Motor Carrier Safety Administration (FMCSA) has failed to provide evidence that immigration status negatively impacts safety in the trucking industry, and claims that the regulation endangers the livelihoods of many working individuals and their families.
The court has set a deadline for the DOT to respond to the petition by Friday, October 31, with the petitioners required to reply by the following Monday. A decision from the court could be forthcoming in the coming weeks, marking a significant moment for the FMCSA’s most substantial regulatory action in recent years.
Under emergency conditions, the new rule restricts temporary non-citizen residents from acquiring CDLs, allowing only specific visa holders to continue obtaining them. The motion highlights the case of Jorge Rivera Lujan, an owner-operator who immigrated to the U.S. at the age of two and whose non-domiciled CDL is set to expire next month. The petition provides a comprehensive examination of the rationale and enforcement of the DOT’s new directive.
The FMCSA justified the regulation by citing five severe accidents involving drivers it claimed were undocumented immigrants, asserting that these incidents warranted the termination of licensing for non-domiciled drivers, resulting in the loss of licenses for about 194,000 individuals. The legal filing challenges this assertion, stating that the FMCSA provided minimal factual support for such a swift regulatory decision, arguing that the action could have detrimental impacts on states, localities, and businesses that rely on non-domiciled drivers.
The agency described a “two-front crisis” affecting public safety and national security due to the fatal crashes and findings from a DOT audit that identified recurring issues with CDL licensing in multiple states. However, the lawsuit points out that the FMCSA failed to establish a link between immigration status and a driver’s ability to operate commercial vehicles safely. The assertion that immigrant drivers pose higher risks is countered by statistical evidence showing that they account for less than a fraction of overall truck-related crashes.
Moreover, the petition argues that FMCSA’s concerns over administrative errors in CDL approvals do not equate to a safety threat. It cites examples where mistakes in licensing practices, such as issuing CDLs to individuals who are legally authorized to work, do not demonstrate danger on the road.
Lujan and the petitioners emphasize the documentation provided by the federal government itself allows lawfully present non-domiciled CDL holders to work year-round, contradicting the premise of the new restrictions. They contend that the new regulations may inadvertently undermine safety since approved visa holders allowed to obtain CDLs do not have the same legal right to work year-round.
The petition concludes with optimism regarding the potential outcome of the case, asserting that Lujan and the other petitioners have a strong likelihood of succeeding in their challenge to the DOT’s rule. The implications of the legal decision extend beyond just individual drivers; various municipalities and schools are also feeling the impact of a growing shortage of qualified school bus operators, exacerbating the effects of the rule.
As the D.C. Circuit Court, which handles significant constitutional matters where governmental domains intersect, prepares to review this case, the stakes are high for non-domiciled drivers. The recent regulatory actions reflect ongoing tensions surrounding immigration policy, particularly in sectors like trucking that are increasingly dependent on a diverse workforce.
In light of the concerns raised and the crucial role of these drivers in the economy, many are hopeful for a resolution that balances safety with the rights of workers.