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Federal court declines stay on CDL final order

The court will hear full arguments in the case in September.

Representative image / Pexels

The federal D.C. Circuit Court of Appeals declined to stay the Federal Motor Carrier Safety Administration’s (FMCSA) disputed “final rule” on commercial driver’s licenses on May 5, keeping the rule in force until the court hears full arguments in September.

The February order by the FMCSA finalized a rule tightening eligibility for which noncitizens can obtain or renew commercial driver’s licenses, raising fresh concerns among immigrant and diaspora communities that rely on trucking and transport jobs.

The new rule, issued by the Federal Motor Carrier Safety Administration (FMCSA), restricts access to non-domiciled commercial learner’s permits and commercial driver’s licenses to a narrow set of employment-based nonimmigrant visa holders and eliminates the use of Employment Authorization Documents as proof of eligibility.

Also Read: U.S. bill targets commercial driving license use by illegal migrants

In a lawsuit titled “Lujan v. FMCSA II,” the February order was challenged in federal court. It also challenged the federal government for allegedly attempting to push hundreds of thousands of immigrants authorized to drive trucks and other commercial vehicles out of the workforce by prohibiting them from maintaining their CDLs.

The agency’s argument focused less on nationality and more on verification gaps, specifically states’ inability to consistently access foreign driving records and properly vet commercial driving history, according to Truck N’ Hustle.

Carriers believe that although the tighter driver eligibility standards could reduce capacity, they would also strengthen pricing power.

Previously, the Sikh Coalition, along with the Asian Law Caucus, submitted an amicus brief in support of the case, positioning themselves against the new law.

The Sikh Coalition, in a statement, also urged people to reach out to their elected officials against the new bill, “Dalilah’s Law.”

The Sikh Coalition noted, “They claim this law will stop ‘illegal aliens’ from obtaining CDLs, but this is already against the law. What the proposed bill would actually do is implement the same ban on legal immigrants having CDLs as the FR mentioned above.”

It continued, “You can use our free tool to contact your representative and senators and urge them to oppose the Dalilah Law at thesikh.co/dalilah-law.”

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