A group representing Chinese truck drivers has asked a judge to compel California to process legally qualified non-domiciled commercial driver’s licenses, and to order the Federal Motor Carrier Safety Administration not to consider the state noncompliant for doing so. 

The Chinese American Truckers Association (CATA) filed its lawsuit against FMCSA and the California Department of Motor Vehicles on Jan. 7 in the U.S. District Court for the Central District of California. 

The lawsuit said FMCSA’s recent enforcement actions required California to pause the processing of all non-domiciled CDLs. As a result, even drivers with valid work authorizations and documentation are unable to work as truck drivers or enter training programs.

Many states paused their non-domiciled CDL programs after Transportation Secretary Sean Duffy announced an emergency final rule restricting non-citizens’ ability to obtain a CDL. That rule is currently on hold following a court challenge. 

In November, under pressure from the Department of Transportation, California announced plans to revoke 17,000 non-domiciled CDLs, effective Jan. 5. In late December, a class action lawsuit was filed against California over these plans. Several days later, California announced it was extending the cancellation date to March 6. 

However, on Jan. 7, the FMCSA said it was withholding nearly $160 million from California for failing to cancel the non-domiciled CDLs by the Jan. 5 deadline. CATA filed its lawsuit that same day. 

“DMV’s cancellation notices do not provide affected drivers with any meaningful opportunity to immediately reapply for a corrected or compliant CDL, nor do they identify any available administrative process by which a driver may contest the cancellation, submit updated lawful presence documentation, or obtain individualized adjudication before the cancellation date,” according to the lawsuit. 

The CATA said the lawsuit does not attempt to “permit any driver to operate beyond the validity of verified lawful presence documentation and would not alter any training, testing, or safety qualification requirements.”