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After temporarily pausing a recent Federal Motor Carrier Safety Administration (FMCSA) interim final rule, the U.S. Court of Appeals for D.C. has taken the additional action of granting an emergency stay order over the rule.
The rule is aimed at limiting issuance and renewal of commercial driver's licenses (CDLs) for numerous groups of non-citizens legally in the U.S., including asylum seekers, refugees, and DACA holders.
On Nov. 10, 2025, the court put a temporary stay on the interim rule and has gone a step further on Nov. 13 in ordering an emergency motion for stay be granted.
As the court states in its emergency stay order:
To start, for purposes of the stay motions, petitioners have demonstrated that they are likely to succeed in at least three of their challenges to respondents' interim final rule.
The court then highlights the following three factors:
- The FMCSA improperly issued the rule without prior "consultation with the States."
- The FMCSA has not satisfied the narrow good-cause exception to issue the rule without notice and comment.
- The FMCSA acted arbitrarily and capriciously in issuing the rule.
In addition to the above, the court states that "other stay factors also favor such relief." The court concludes that, despite the FMCSA's request for a narrow emergency stay, the rule has been restrained in wholeuntil the court comes to a resolution.
Circuit Court Judge Karen LeCraft Henderson penned a lengthy dissent, arguing for an expedited review of the matter on its merits, rather than granting the emergency stay.
For employers, as the stay continues and the rule will not be implemented, CDLs can continue to be renewed and issued under the prior rules while the court completes its review.
We will continue to monitor this developing situation. If you have questions regarding the emergency 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.
