- within Intellectual Property and Law Practice Management topic(s)
The federal appeals court in the District of Columbia has placed a temporary administrative stay on implementation of a recent Federal Motor Carrier Safety Administration (FMCSA) interim final rule that would limit issuance and renewal of commercial driver's licenses (CDLs) for non-domiciled applicants individuals. Lujan, et al. v. Federal Motor Carrier Safety Administration, et al., No. 25-1215 (Nov. 10, 2025).
The temporary stay puts on hold the interim final rule on the basis that it would limit CDLs eligibility for numerous groups of non-citizens legally in the U.S., including asylum seekers, refugees, and DACA holders.
With the temporary stay in effect, the court will conduct a thorough review making a final determination on the legality of the FMSCA interim rule.
The court order states:
... the Federal Motor Carrier Safety Administration's interim final rule, 90 Fed. Reg. 46,509 (Sept. 29, 2025), be administratively stayed pending further order of the court. The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motions for stay pending review and should not be construed in any way as a ruling on the merits of those motions.
The rule would have limited "issuance of non-domiciled CDLs to individuals with specific lawful employment-based nonimmigrant status categories (H-2A, H-2B, or E-2)." For employers, CDLs can continue to be renewed and issued under the prior rules while the court completes its review.
The court has not yet scheduled oral arguments on the matter, but they are expected in the coming months with a resolution likely in 2026.
We will continue to monitor this developing situation. If you have questions regarding the temporary stay on the FMCSA's interim final rule, reach out to your Jackson Lewis attorney.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
