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Immigration

Court Blocks Enforcement of New Immigrant Driver Restrictions

A federal appeals court blocked a rule restricting commercial licenses to three visa classes, citing faulty rulemaking and weak safety evidence. About 200,000 noncitizen CDL holders could have been impacted, but only 10,000 would qualify under the proposed limits. The pause keeps current license holders working while the court reviews the administration’s process and safety claims.

Last updated: November 15, 2025 8:17 am
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Key takeaways
DC appeals court halted a federal rule restricting commercial licenses to H-2A, H-2B, and E-2 visa holders.
Federal data cited: about 200,000 noncitizen CDL holders today; roughly 10,000 would qualify under the rule.
Court found agency skipped rulemaking steps and questioned safety rationale linking immigrants to fatal crashes.

(DISTRICT OF COLUMBIA) The DC appeals court on Thursday halted a new federal rule that would have sharply limited which immigrant drivers can obtain commercial driver’s licenses, pausing a policy that was set to reshape hiring across the trucking and bus industries. The court’s order blocks enforcement nationwide and affects noncitizens already on the road and those seeking entry into the freight workforce. The rule, announced in September by Transportation Secretary Sean Duffy after a deadly truck crash in Florida, would have restricted eligibility to only three visa classes. For now, those limits are on hold while judges review the government’s process and safety claims.

What the rule would have done

Court Blocks Enforcement of New Immigrant Driver Restrictions
Court Blocks Enforcement of New Immigrant Driver Restrictions
  • The proposed restrictions would have allowed only holders of H-2A, H-2B, and E-2 visas to receive commercial driver’s licenses.
  • Each commercial license under the rule would have been valid for up to one year or until the visa expired, whichever came first.
  • The list was narrowly drawn and excluded most noncitizen workers who currently drive semitrailer trucks or buses.

Federal estimates cited in court filings indicated that of roughly 200,000 noncitizens holding commercial driver’s licenses today, only about 10,000 would have qualified under the new rule. The rule was not retroactive, meaning the remaining 190,000 could keep their licenses until renewal, but their long-term status would have been uncertain.

Legal reasoning for the pause

Judges said the government:

  • Failed to follow required rulemaking steps, including adequate public notice and response to comments.
  • “Could not articulate a satisfactory explanation for how the rule would promote safety.”

The court pointed to FMCSA records showing immigrant drivers account for roughly 5% of all commercial driver’s licenses but only around 0.2% of fatal crashes. That disparity undercut the policy’s safety rationale.

While the court did not decide the case on its final merits, it found challengers showed a strong likelihood of success and that immediate enforcement would cause harm to workers and carriers relying on their labor.

💡 Tip
If you’re an immigrant CDL holder, confirm your current license status and renewal dates now, since the rule is paused but future changes could alter eligibility timelines.

Arguments from both sides

Supporters (including some industry groups) argued:

  • Transportation officials said the change was needed after several fatal truck crashes involving drivers not authorized to be in the United States (incidents in Florida, Texas, Alabama, and California were cited).
  • Secretary Duffy framed the plan as addressing gaps that allow ineligible drivers to secure credentials.
  • The Owner-Operator Independent Drivers Association (OOIDA) strongly supported the rule. Its president, Todd Spencer, said, “loopholes in this program have allowed unqualified drivers onto our highways,” arguing the measure would raise safety.

Opponents countered:

  • Data and state licensing practices indicate immigrant drivers are heavily screened before receiving a commercial license and must pass the same knowledge and skills tests as other applicants.
  • Advocacy groups argued the rule blurred immigration enforcement with highway safety policy and risked sidelining experienced workers without evidence they pose greater danger on the road.
  • Judges focused on the gap between incidents involving people not authorized to be in the country and licensed drivers who, by definition, had cleared state checks.

Administrative and evidentiary concerns

The court criticized the Department of Transportation for skipping steps meant to gather public input and examine alternatives—procedures that often take months and require agencies to respond to concerns raised during comment periods.

Analysis by VisaVerge.com noted the court’s order signals that any future attempt to restrict commercial driver’s licenses for immigrants will face steep hurdles unless federal officials build a clear record linking the policy to concrete safety gains.

Key takeaway: Courts expect a clear administrative record tying regulatory changes to demonstrable safety benefits before upending established licensing systems.

Immediate effects on drivers and carriers

  • Immigrant drivers with current licenses can continue to work while the case proceeds.
  • Carriers that rely on long-haul freight said the pause avoids immediate disruptions for shippers already dealing with soft demand in some lanes and tight capacity in others.
  • Driver advocates welcomed the ruling, emphasizing many noncitizens have built careers in trucking and should not face blanket restrictions that ignore their track records.

Several drivers interviewed outside licensing centers expressed concern about renewals under the new rule, which would have cut options for many who earn a living on regional routes that keep grocery shelves stocked and factories supplied.

Political and legislative developments

⚠️ Important
Avoid assuming long-term license safety; court pauses mean future rules could still restrict eligibility. Monitor official FMCSA updates and state DMV notices for concrete changes.
  • A bill in Congress seeks to write the proposed limits into law; supporters say this would create stricter federal guardrails around licensing.
  • Opponents warn that congressional action could override state-level vetting programs without clearer evidence and might worsen shortages for school bus operators and regional carriers already struggling to fill seats.

The court’s order does not affect Congress’s power to act, but it removed the near-term threat of sudden license denials for large numbers of noncitizen applicants and gives regulators time to reassess interactions with existing state licensing systems.

What comes next

  • Federal officials have offered few details about next steps while the case is pending.
  • The Federal Motor Carrier Safety Administration continues to publish general guidance on commercial licensing, including testing and medical requirements, on its website.
  • Readers can find current federal standards through the Federal Motor Carrier Safety Administration. That guidance does not reflect the blocked rule.

It remains to be seen whether the Department of Transportation will:

  1. Attempt a revised rule with a new comment period,
  2. Drop the effort entirely, or
  3. Wait for congressional action.

Broader implications and the central tension

The pause highlights a core tension in the debate:

  • Public safety is the stated goal of the rule.
  • Yet the rule would have excluded many lawfully present workers who pass state tests and meet age, medical, and training requirements.

In practice, large employers could have lost access to experienced immigrant drivers just as consumer demand rises seasonally and supply chains need reliable capacity. Labor groups argue safety and workforce needs are not at odds if enforcement focuses on truly unlicensed, untrained drivers rather than licensed noncitizens meeting the same standards as everyone else.

For now, the court’s decision keeps immigrant drivers on the road while the DC appeals court weighs the full case and agencies revisit their approach.

Frequently Asked Questions

Q1
What did the DC appeals court order do regarding the new CDL rule?
The court halted nationwide enforcement of the rule that would limit CDLs to H-2A, H-2B and E-2 visa holders while it reviews the agency’s rulemaking process and safety justification. The pause allows current license holders to continue working during judicial review.

Q2
How many immigrant commercial drivers would the rule have affected?
Federal filings estimate about 200,000 noncitizens currently hold commercial driver’s licenses. The proposed rule would likely have left only about 10,000 qualifying under the new criteria, creating long-term uncertainty for roughly 190,000 drivers at renewal.

Q3
Why did the court question the rule’s safety rationale?
Judges noted the FMCSA data showing immigrant drivers account for roughly 5% of CDLs but only about 0.2% of fatal crashes, and they said the agency failed to explain how the restriction would demonstrably improve safety.

Q4
What should drivers and carriers do now to prepare?
Review identification and visa expiration dates, consult legal counsel if unsure about eligibility, monitor court and FMCSA updates, and develop contingency staffing plans in case future restrictions are enacted.

VisaVerge.com
Learn Today
Commercial Driver’s License (CDL) → A state-issued license required to operate large or specialized commercial vehicles, like semitrailers and buses.
H-2A/H-2B Visas → Temporary U.S. visas for seasonal agricultural (H-2A) and nonagricultural (H-2B) workers.
E-2 Visa → A visa for nationals of treaty countries who make substantial investments in U.S. businesses.
FMCSA → Federal Motor Carrier Safety Administration, the federal agency overseeing commercial vehicle safety and licensing guidance.

This Article in a Nutshell

The DC appeals court enjoined a Transportation Department rule that would have limited commercial driver’s licenses to H-2A, H-2B and E-2 visa holders, pausing nationwide enforcement. The court cited procedural failures in the agency’s rulemaking and questioned the safety justification; FMCSA records show immigrant CDL holders are about 5% of licensees but only 0.2% of fatal crashes. Roughly 200,000 noncitizen drivers could have been affected, with only about 10,000 qualifying under the rule. Current license holders may continue working while courts review the case.

— VisaVerge.com
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Shashank Singh
ByShashank Singh
Breaking News Reporter
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As a Breaking News Reporter at VisaVerge.com, Shashank Singh is dedicated to delivering timely and accurate news on the latest developments in immigration and travel. His quick response to emerging stories and ability to present complex information in an understandable format makes him a valuable asset. Shashank's reporting keeps VisaVerge's readers at the forefront of the most current and impactful news in the field.
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