(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

- 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.
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
- 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:
- Attempt a revised rule with a new comment period,
- Drop the effort entirely, or
- 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.
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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.
