
Last month we provided the below timeline on what has transpired on the subject of non-domiciled commercial drivers licenses (CDL). This month, we added updates to the timeline.
September 29, 2025: The Federal Motor Carrier Safety Administration’s (FMCSA) interim final ruling went into effect requiring drivers to be citizens or possess H-2A, H-2B or E-2 visas in order to obtain a CDL. The ruling was estimated to impact 197,000 drivers nationwide.
October 20, 2025: Rivera Lujan sued the FMCSA for bypassing normal processes and barring DACA recipients and asylum seekers from access to CDLs.
November 6, 2025: California sent notices to 17,000 CDLs holders their CDLs would be invalidated in 60 days (January 6, 2026).
November 13, 2025: The US Court of Appeals for the District of Columbia issued a stay of enforcement on the FMSCA’s rule until the court has time to complete its review.
December 3, 2025: The US Court of Appeals for the District of Columbia paused the legal challenge while the FMCSA reviews its more than 8,000 public comments and potentially amends the ruling.
December 10, 2025: California informed the FMCSA it would resume issuing non-domiciled CDLs effective December 17, 2025 and would reinstate the 17,000 CDLs previously set for revocation.
December 17, 2025: The FMCSA stops California from resuming the issuance of non-domiciled CDLs and from reissuing the previously revoked CDLs as these licenses were issued in violation of rules existing prior to the interim final ruling.
December 23, 2025: A class action lawsuit was filed against the State of California for the cancelation of the 17,000 non-domiciled CDLs. The lawsuit was filed by the Asian Law Caucus, Sikh Coalition and law firm Weil, Gotshal & Manges. It contends the cancelations were the result of the state’s administrative errors and did not provide the required opportunity to reapply for corrected licenses.
December 30, 2025: The California Department of Motor Vehicles (DMV) announced it would extend the cancellation date for the 17,000 CDL holders from January 6, 2026 to March 6, 2026.
January 7, 2026: The US Department of Transportation (DOT) announced it would withhold $158.3M in funding from California as a result of the state not meeting the required January 5, 2026 deadline to revoke illegal non-domiciled CDLs.
January 22, 2026: Secretary of Transportation Sean Duffy announced he is willing to purse the “nuclear option” of repealing California’s authority to issue CDLs.
January 26, 2026: In the lawsuit brought by drivers against the State of California over canceling the 17,000 non-domiciled CDLs, the US District Court for the Central District of California denied the issuance of a temporary restraining order against the State of California. The revocation of the CDLs can move forward.