The U.S. Department of Transportation (USDOT) is facing a legal challenge over a new rule that makes it harder for non-citizens to get or renew a commercial driver’s license (CDL) or learner's permit (CLP) in the U.S.
What happened: On September 29, 2025, the Federal Motor Carrier Safety Administration (FMCSA) put out an emergency rule that changed the rules overnight for drivers who are not U.S. citizens.
- Now, if you’re a non-citizen, you need to have a job-based visa and must pass a federal immigration check under the SAVE system.
- This applies to new CDLs and renewals; the rule went into effect right away.
- Nearly 200,000 drivers may be affected, including asylum seekers, refugees, and DACA recipients who are allowed to work in the country.
The pushback: A lawsuit was filed on October 20 in the U.S. Court of Appeals for D.C. to block the rule. The case, Rivera Lujan v. FMCSA, was filed by the Public Citizen Litigation Group, unions (AFSCME and AFT), and several drivers.
- One driver, Jorge Rivera Lujan, a DACA recipient and trucking company owner, was denied renewal of his CDL on September 30 because of the new rule.
- He said, “Without a commercial driver’s license, I will lose my business and the income that allows me to provide for my family.”
- Groups in the lawsuit say the government put the rule in place with “no notice or comment period.”
Between the lines: The change was made quickly, catching many drivers by surprise. Unions say the rule could force many out of their jobs, especially school bus drivers and truck drivers who have always followed the rules.
The petitioners claim in court filings that the FMCSA did not follow the proper process and that the rule “threatens the livelihoods” of thousands, according to Public Citizen.