Appeals Court Halts DOT Restrictions On Commercial Driver's Licenses For Illegals

A federal appeals court in the District of Columbia has temporarily blocked the Department of Transportation (DOT) from enforcing a new rule that narrows the conditions under which states may issue commercial driver’s licenses to noncitizens.

The ruling followed an Oct. 20 petition from two truck drivers and the American Federation of State, County, and Municipal Employees (AFSCME) seeking judicial review of the interim final rule by the DOT’s Federal Motor Carrier Safety Administration (FMCSA) in September.

The rule limits eligibility for nondomiciled commercial driver’s licenses (CDL) to holders of H-2A (temporary agricultural workers), H-2B (temporary non-agricultural workers), and E-2 (treaty investors) visas, with no other immigration categories eligible, according to a document published on the Federal Register on Sept. 29.

In its Nov. 13 ruling, the appeals court said the federal government didn’t follow proper procedure in drafting the rule and failed to “articulate a satisfactory explanation for how the rule would promote safety.”