Unions representing government workers and teachers filed a lawsuit on Monday to “promptly invalidate” the Department of Transportation's September emergency rulemaking on non-domiciled CDLs that seeks to put roughly 200,000 current CDL holders out of work.
The American Federation of State, County and Municipal Employees (AFSCME), the American Federation of Teachers (AFT), and the Public Citizen Litigation Group filed a petition for review in the U.S. Court of Appeals for the D.C. Circuit to challenge the new rule, calling it a threat to the livelihood of immigrants.
The rule changes from DOT's Federal Motor Carrier Safety Administration, now in effect, limit which non-citizens can get CDLs: 194,000 of approximately 200,000 current non-domiciled CDL holders, under the rule's terms, will have their CDLs revoked or lapse without renewal possibility in the next two years.
“Asylum seekers, refugees, and Deferred Action for Childhood Arrivals (DACA) recipients who have work authorization are barred from holding commercial driver’s licenses based on their immigration status,” a press release on the AFT’s website elaborated.
The new lawsuit, "Rivera Lujan v. FMCSA," takes its plaintiff's name from a DACA recipient and owner-operator. The suit “will challenge both the substance of the rule and FMCSA’s failure to follow rulemaking procedures required by law," according to the release.
“Without a commercial driver’s license, I will lose my business and the income that allows me to provide for my family,” said Lujan in the release. Lujan has lived in the United States since he was two years old. “I have followed all the rules and complied with all requirements set by the government," he continued.
Issuing the final rule, FMCSA detailed five deadly crashes involving non-domiciled CDL drivers as basis for an emergency action, declaring a final rule without first posting notice and going through comment periods on the Federal Register before implementation. FMCSA also cited national security concerns attached to having foreign CDL holders operating big trucks.
“This unlawful rule seems intended to put people authorized to work in the United States out of work, solely because of the prejudices of the Trump administration,” said Wendy Liu, attorney at Public Citizen Litigation Group. “We are asking the court to promptly invalidate the rule to prevent devastating consequences for our clients and the hundreds of thousands of people across the country who depend on commercial driver’s licenses for their livelihoods.”
The lawsuit also cites an asylum seeker who joined the suit as depending on truck driving to support his family. “I’ve endured tremendous hardship but have fought to rebuild my life through trucking. For me and so many others, this rule will be a tragedy, destroying years of sacrifice and honest work,” the asylum seeker said.
Overdrive reporting has found dozens of comments echoing those from non-domiciled CDL holders already filed to the federal register under the new rule.
DOT responded to those claims by saying the rule focused on ensuring the safety of America’s roads.
[Related: Non-domiciled drivers say DOT's new rule violates their civil rights]
“The rule on non-domiciled CDLs is about safety and the integrity of the CDL issuing process. It’s really that simple," a DOT spokesperson said. "The rule ensures that anyone operating a commercial motor vehicle is properly identified, vetted, and licensed under U.S. law to protect the safety of everyone traveling on American roads.”
Non-domiciled CDL applicants do not provide three years' worth of motor vehicle records when applying for a CDLs. Furthermore, people who arrive undetected across the southern border do not undergo a criminal history check, and those people sometimes go on to seek asylum.
Harjinder Singh, the driver behind the triple-fatal Florida turnpike U-turn crash, was an asylum seeker who previously had a deportation order, according to the Department of Homeland Security.
Overdrive readers, polled in June, expressed support for banning CDLs for non-citizens, with 64% in favor. Survey respondents cited safety and economic fairness concerns.
Under President Donald Trump, the executive branch has sought to mandate English language proficiency for truck drivers and its Department of Homeland Security has reported apprehending dozens of “illegal alien” drivers, or drivers who entered the country illegally. However, many people legally in the country also hold CDLs and visas, and therefore would have been vetted, as the comments under the new rule on the Federal Register show.
“The administration’s new rule prevents immigrants who are lawfully present in the country and authorized to work from supporting themselves and their families,” said AFSCME President Lee Saunders.
The new rule, which impacts holders of all CDL classes, “disrupts essential services communities rely on,” Saunders continued. “Drivers who take our children to school, deliver food and medicine, and clean trash off the streets must have these commercial driver’s licenses, and denying them inflicts unnecessary pain on everyone their lives touch.”
DOT Secretary Sean Duffy, in the press conference announcing the new emergency rule, said that California had issued a Brazilian national a CDL with passenger and school bus endorsements that “was valid for months after his legal presence in America was expired.”
The AFT dismissed DOT’s justifications for the new rule.
“For the Trump administration, the cruelty is the point,” said AFT President Randi Weingarten. “This is a spiteful and illegal rule issued with no justification except to hurt hundreds of thousands of lawful immigrants with work authorization who only want to build a better life for themselves and their families. Many AFT members require a CDL to work as school bus drivers -- and right now we are seeing people turned away from training for these positions. Their American Dream will be dashed or deferred, all because of the pettiness of the president and his advisers.”
Overdrive reached out to DOT for comment on the lawsuit and will update this article if it responds.
Across the trucking industry, Overdrive hasn't found a single trade association that opposes DOT's rule, even among those organizations that push for more drivers.
