Political divide: red states back non-domiciled CDL changes

Twenty three states, all of them with Republican governors, have joined the case of Lujan vs. FMCSA to argue in favor of the CDL restrictions implemented by the federal government earlier this year. In another step in the leadup to the September 15 oral arguments in the case before the Court of Appeals for the District of Columbia, an amici curiae brief was filed last week by Florida, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas and West Virginia. “The States have an interest in ensuring that federal safety regulations adequately protect drivers on their roads from threats posed by large commercial vehicles driven by unqualified commercial drivers,” the brief says in explaining their interest. “Without proper federal protections, States will be forced to spend more of their own time, budgets, and personnel to keep their travelers safe.” Friends on both sides The lawsuit filed with driver Jorge Rivera Lujan also has drawn as plaintiffs the AFL-CIO and the American Federation of Teachers. Numerous states led by Democratic governors are also listed as amicus curiae for Lujan, ranging from Arizona to Washington. The rule made final in February greatly restricts the ability of the Federal Motor Carrier Safety Administration (FMCSA) to allow states to issue CDLs to foreign-domiciled residents. The classification of foreign-born residents who FMCSA said can still be issued a CDL are those who hold H-2A, H-2B, or E-2 status. As the states say in their brief, “because applicants for these statuses undergo careful screening by multiple federal agencies, any applicant’s unsafe driving history comes to light. Then States know who is too dangerous to possess a CDL.” The D.C. Court of Appeals already denied a request for a stay in FMCSA’s implementation of the rule. The arguments put forth by the red states in the relatively brief filing are in line with the points that have been made by the backers of the rule since it was first proposed last year. A list of crashes Exhibit A in the red states’ argument is the horrific crash that occurred when Harjinder Singh, who was not in the U.S. legally and driving on a license granted by California, made a U-turn on a Florida highway, resulting in a crash that killed three persons in a passenger car. It received wide news coverage and has become the poster crash for backers of the FMCSA rule. The Singh crash is followed in the brief by summations of similar type fatal incidents in California, Tennessee, Indiana and Oregon. “As these tragedies show, the final rule didn’t arise from a vacuum,” the brief says. “It was the federal government’s response to a string of tragic yet entirely preventable accidents caused by insufficient protection and regulation over illegal immigrants and CDLs. The final rule should stand.” FMCSA, according to the brief, needed to step into what the states see as a gap in state enforcement of standards to keep unsafe drivers off the road. “Recent Supreme Court decisions…have made it clear that States can only do so much to address this problem alone,” the brief says. “Because the Final Rule cracks down on the unauthorized CDLs which threaten the States’ people and roads, (the states in the brief) support the rule.” More articles by John Kingston Trump promise on military CDLs sounds similar to existing programs FMCSA says no to epilepsy exemptions after years of yes Once again, Ryder’s bottom line is boosted by used vehicle sales Upcoming FreightWaves Events Compliance Brokerage Compliance Symposium The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry. October 26, 2026 The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now Awards F3 Awards Dinner The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room. October 26, 2026 The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now FreightTech F3: Future of Freight Festival Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals. October 27, 2026 – October 28, 2026 The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now Compliance Brokerage Compliance Symposium Oct 26 • The Signal at Chattanooga Choo Choo • Chattanooga, TN The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry. The Signal at Chatta