CDL Court Fight Intensifies Over Expiring Work Authorization | Land Line Media

Federal appeals court judges are weighing whether states may issue non-domiciled commercial driver’s licenses (CDLs) that remain valid beyond the expiration date of an applicant’s federal work authorization. The dispute could affect state licensing programs, trucking employers and thousands of immigrant drivers.

California challenges federal funding penalty

The California Department of Motor Vehicles petitioned the U.S. Court of Appeals for the District of Columbia Circuit after the U.S. Department of Transportation announced plans to withhold $160 million in federal funding from the state.

Federal officials said California failed to cancel non-domiciled CDLs that did not comply with federal requirements. The licenses at issue were issued to noncitizens and carried expiration dates extending beyond the period covered by the drivers’ legal work authorization documents.

California argues that federal law does not require a non-domiciled CDL to expire on or before the date listed on an applicant’s work authorization or other legal-presence document.

Federal officials defend expiration requirement

During oral arguments on Sept. 11, Justice Department attorney Simon Jerome, representing the Federal Motor Carrier Safety Administration, argued that a CDL should not remain valid for years after the document supporting the driver’s eligibility has expired.

“It seems rather absurd that a credential for years and years, five years, eight years, could be issued with a document that expires tomorrow,” Jerome told the court, referring to the work authorization or other document used to establish eligibility for the CDL or commercial learner’s permit.

The court is also considering whether FMCSA had the legal authority and sufficient administrative record to revise the requirements governing non-domiciled commercial licenses.

Revised rules could reduce eligible driver pool

FMCSA estimates that approximately 194,000 current non-domiciled CDL holders will eventually leave the eligible pool as their credentials expire. The agency expects a significantly smaller number of foreign-domiciled applicants to qualify under the revised system.

The outcome could affect trucking companies that employ drivers who hold non-domiciled credentials, as well as schools and other organizations involved in CDL training. Employers and state licensing agencies are expected to monitor the court’s ruling and any subsequent federal guidance on driver eligibility and license expiration dates.