Appeals court pauses US DOT rule on non-domiciled CDL holders
A U.S. federal appeals court on Nov. 10 ordered the Department of Transportation to pause enforcement of its emergency final rule restricting the ability of non-citizens to obtain a commercial driver’s license.
“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 U.S. Court of Appeals for the District of Columbia wrote in its decision.
The rule announced by DOT Secretary Sean Duffy in late September only allows non-citizen drivers with H-2a, H-2b or E-2 visas to receive a CDL. It also mandated additional steps states must take when issuing these credentials. The Federal Motor Carrier Safety Administration estimates there are 200,000 non-domiciled CDL holders.
Several weeks later, a group led by Public Citizen filed a lawsuit on behalf of truck driver Jorge Rivera Lujan, a long-time CDL holder and Deferred Action for Childhood Arrivals (DACA) recipient. Its court filing claimed the government had failed to follow proper rulemaking procedures.
The court’s statement did not mention when it could take further action. The case is Lujan v. FMCSA.
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Yes ,this rule is definitely wrong because non citizens cdl drivers are going to desperation, they have a lot of expenditures now they earn good money with cdl job like they buy houses and operating truck transport and their business ets . They have family with children.it is lot of expenditures and they set installments accordingly their income if you regurate this rule they will gone depration you know in depration people can do suicede and other things.
I would like to respectfully ask: Is it truly fair for someone to lose the one job they worked so hard to achieve? My name is Kyle Kilemente, a 24-year-old father and, until recently, a proud TransWest bus driver—at least I believed I was, until I learned about the recent rule change that took my CDL away.
My story is not unique; I share this experience with many others who are now facing the same hardship.
Like countless fathers and mothers trying to provide for their families, I spent years moving from job to job, searching for stability, security, and a chance to build a better future. The benefits weren’t always enough, and something in my heart kept telling me there had to be more. That pushed me to study harder, work longer, and dedicate myself fully to earning my CDL. Passing those tests meant everything to me.
When my daughter was born four months ago, I held her in my arms and promised her, “Don’t worry, Daddy passed.” I finally felt proud of what I had accomplished. But after only three months of holding my CDL, I was forced to surrender it because of a rule that many of us never saw coming.
I understand that laws and regulations exist for a reason. But I also believe that people deserve fairness, clarity, and compassion—especially hardworking parents and individuals who gave everything they had to build a better life for their families.
I speak not only for myself but for everyone affected by this situation. We are simply asking to be heard. In a country that values freedom of speech and opportunity, I hope someone will listen to our stories and understand what this setback truly means for us and our families.
I am now waiting for this rule to be lifted within the year so that I can reinstate my CDL and return to the work I trained and fought so hard for. All I ask is for understanding, fairness, and a chance to continue providing for my daughter and my family.
Thank you for taking the time to hear my story—and the story of many others who are facing the same challenge.
Sincerely,
Kyle Kilemente
Too many cdl holders not properly trained someone or agency needs to make sure they can operate these trucks safely or the accidents will continue.