CDL Court Fight Raises Stakes Over Expiring Work Authorization

A federal appeals court is weighing whether states may issue non-domiciled commercial driver’s licenses (CDLs) that remain valid beyond the expiration date of an applicant’s work authorization. The case could affect thousands of immigrant drivers, commercial driving schools and motor carriers nationwide.

California challenges federal funding penalty

The California Department of Motor Vehicles filed a petition for review with 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.

The dispute centers on non-domiciled CDLs issued to noncitizens whose licenses may remain valid longer than the period covered by their legal work authorization or other lawful-presence documents. Federal officials have argued that the credentials should not extend beyond the expiration date of those documents.

California has argued in court filings that federal law does not require non-domiciled CDLs to expire on or before the expiration date listed on a driver’s work authorization documents.

Arguments focus on federal authority

During oral arguments on Sept. 11, attorneys debated whether the Federal Motor Carrier Safety Administration had the authority to revise the eligibility and expiration requirements, and whether the agency had assembled an adequate administrative record to support the change.

Simon Jerome, a Justice Department attorney representing FMCSA, called it unreasonable for a state to issue a CDL lasting several years when the document establishing the driver’s work authorization expires much sooner.

Attorneys for California and other plaintiffs maintained that the existing federal framework allowed the licenses to be issued under those circumstances. The court has not yet ruled on the petition.

Potential effect on drivers and carriers

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

The changes could affect motor carriers that recruit immigrant drivers, as well as commercial driver training schools that serve applicants seeking non-domiciled credentials. Depending on the court’s decision and subsequent federal guidance, some employers and drivers may face changes to licensing eligibility, credential duration and renewal procedures.

California officials have defended the state’s licensing practices and said the state follows federal CDL requirements. The court’s decision is expected to clarify how federal work-authorization documentation must be applied to non-domiciled commercial licenses.