Judge denies Chinese American Truckers Association’s bid to lift freeze on non-domiciled immigrant CDLs

A judge has denied the Chinese American Truckers Association’s attempt to stop the revocation of non-domiciled immigrant CDLs in the state. 

On January 7th, the CATA filed for a temporary restraining order or preliminary injunction seeking to force the California Department of Motor Vehicles to end its pause on issuing non-domiciled immigrant CDLs, along with a lawsuit against the Federal Motor Carrier Safety Administration, FMCSA Administrator Derek Barrs and California DMV Director Steve Gordon. A federal judge rejected these filings on January 23rd. 

According to Law360, the suit alleged that federal enforcement of stricter rules surrounding commercial drivers, along with clerical errors discovered in California-issued non domiciled CDLs, caused the California DMV to implement a freeze back in September, creating hardships for otherwise eligible commercial drivers.

Judge Bernal has since denied the injunction request, and clarified that California would face serious consequences if they yielded to the requests of the Chinese American Truckers Association. 

“While plaintiff asserts that its members face immediate and severe hardship tipping the balance of equities in its favor, the court finds that the public interest plainly and substantially weighs against the relief plaintiff seeks,” Judge Bernal said in the order. “Plaintiff seeks to enjoin California from pausing its consideration of non-domiciled CDL applications for renewal upon expiration or replacement where a CDL has been lost or stolen, but remained valid at the time it was lost. FMCSA, however, has made clear that California’s ‘issuance’ of non-domiciled CDLs, which FMCSA interprets broadly and includes renewals, is prohibited.”

“… Should California continue to administer its non-domiciled CDL program in a manner FMCSA deems out of compliance with federal standards, FMCSA can withhold additional money and even decertify California’s entire CDL program. It would plainly be catastrophic to the state — and the public — for FMCSA to wholesale decertify California’s CDL program because California’s compliance with a court order contravenes an FMCSA final determination that is not before this court for review.”