Nineteen non-domiciled CDL drivers file lawsuit accusing FMCSA and Florida of ‘ongoing and irreparable’ harm over licensing rules

A group of non-domiciled Commercial Driver’s License (CDL) holders filed a lawsuit against federal and Florida agencies that they say “deprived them of their commercial driving privileges, their livelihoods, and their constitutional rights.”

The lawsuit was filed in the U.S. District Court for the Southern District of Florida on April 15, 2026, on behalf of nineteen non-domiciled CDL holders living in Florida.

The suit names the Federal Motor Carrier Safety Administration (FMCSA), the U.S. Department of Transportation (USDOT), Florida Highway Safety and Motor Vehicles (FLHSMV), FMCSA Administrator Derek Barrs, Transportation Secretary Sean Duffy, and Dave Kerner, Executive Director of FLHSMV.

Lawsuit Says FMCSA Violated Proper Rulemaking Procedures

The lawsuit challenges FMCSA’s interim final rule (“IFR”) titled Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses, which “severely restricts the authority of State Driver’s Licensing Agencies (SDLAs) to issue and renew non-domiciled Commercial Learner’s Permits (CLPs) and CDLs to individuals domiciled in foreign jurisdictions.”

FMCSA acted improperly when it issued the IFR without a notice or comment period and “failed to provide adequate data, evidence, or analysis demonstrating that the existing non-domiciled CDL program posed a genuine safety risk or lacked integrity,” according to the suit.

“The IFR was motivated, in whole or in substantial part, by considerations unrelated to commercial motor vehicle safety, and its categorical restrictions disproportionately burden individuals domiciled in foreign jurisdictions — a classification that overwhelmingly impacts immigrants and individuals of particular national origins — rather than advancing legitimate safety or regulatory concerns,” the lawsuit states.

The lawsuit also points to a previous lawsuit filed in the United States Court of Appeals for the District of Columbia Circuit that resulted in a stay of the IFR.

“Rather than cure the deficiencies identified by the D.C. Circuit —including the failure to demonstrate a safety nexus, the failure to consult with states, and the failure to consider reliance interests,” FMCSA bypassed the stay by publishing a final rule on February 13, 2026, that essentially reaffirmed the IFR with little meaningful change, the suit alleges.

Florida’s Non-Domiciled CDL Pause ‘Not Required,’ Suit Alleges

The lawsuit also argues against FLHSMV’s indefinite pause on the issuance, renewal, and extension of non-domiciled CLPs and CDLs.

After the IFR was published, FMCSA “imposed or threatened to impose” a “corrective action plan” (CAP) requiring FLHSMV to pause all issuance and renewal of non-domiciled CDLs and CLPs until FLHSMV demonstrated “compliance with FMCSA’s regulations and guidance.”

The lawsuit alleges that the CAP is unlawful because it “imposes requirements that go beyond FMCSA’s statutory authority” and “was issued in connection with and in furtherance of the unlawful IFR and the Final Rule.”

“FLHSMV’s continued pause is not required by any valid federal law, regulation, or court order. The D.C. Circuit stayed the IFR. The pre-IFR regulations — under which Florida lawfully issued non-domiciled CDLs for years — are the operative legal framework. FLHSMV’s reliance on the CAP as justification for the continued pause is unavailing because the CAP is itself unlawful, as alleged herein,” the suit stated.

Non-Domiciled CDL Crackdown “Catastrophic” For Plaintiffs: Lawsuit

“The combined effect of the Federal Defendants’ and State Defendants’ actions has been catastrophic for Plaintiffs: they cannot work, they cannot earn a living, they face financial ruin, and they have been deprived of vested property and liberty interests without due process of law — all without any individualized determination of fault, misconduct, or safety concern. Plaintiffs have lost employment, defaulted on mortgages and other financial obligations, and been unable to provide for their families. The harm is ongoing and irreparable,” the lawsuit states.

The drivers who brought the lawsuit seek a declaration that the actions of the federal and state Defendants be declared unconstitutional and that FLHSMV immediately resume processing, issuing, and renewing non-domiciled CDLs and CLPs.