The D.C. Circuit halts the non-domiciled CDL activity
The U.S. Court of Appeals for the D.C. Circuit has stopped an emergency interim final rule to tidy up the non-domiciled CDL system. The ruling, which was supposed to expel roughly 194,000 present non-domiciled CDL holders from the trucking business, was “administratively stayed” by the court on Monday, November 10, awaiting a future order. On November 10, the court said, “This administrative stay should not be read in any way as deciding on the merits of those applications and is intended to provide the court sufficient opportunity to examine the emergency motions for stay awaiting review.” The rule In late September, Transportation Secretary Sean Duffy declared a “national emergency” and issued an interim final rule to regulate states granting non-domiciled CDLs to foreign drivers. According to Duffy, after conducting an audit, DOT found that a large number of these CDLs were granted to drivers who were either in the country illegally or for longer than the amount of time they were permitted to work in the US. With the rule’s immediate implementation, obtaining a non-domiciled CDL no longer required an Employee Authorization Document (EAD). Eligibility would also be denied to refugees, asylum seekers, asylees, and participants of Deferred Action for Childhood Arrivals (DACA). An estimated 194,000 existing non-domiciled CDL holders would leave the trucking business as a result of the changes, according to the FMCSA. Many of those same people would still be able to find other jobs in the United States at the same time. Notwithstanding the rule’s immediate implementation, the Federal Motor Carrier Safety Administration is still taking comments through November 28. Nearly 4,900 comments had been sent in as of November 11. The lawsuit The rule would have “devastating ramifications” for hundreds of thousands of CDL holders, according to a complaint filed in October. The American Federation of Teachers, the American Federation of State, County, and Municipal Employees, and the Public Citizen Litigation Group filed the case on October 20. According to a news release from Wendy Liu, an attorney at Public Citizen Litigation Group, “this unconstitutional rule seems intended to put persons permitted to work in the United States out of job, merely because of the prejudices of the Trump administration.” “In order to avoid catastrophic outcomes for our clients and the hundreds of thousands of people nationwide who rely on commercial driver’s licenses for their livelihoods, we are requesting that the court immediately declare the law unconstitutional.” The groups filed an emergency motion to halt the regulation while the lawsuit is still pending on October 24.
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