As we have been covering, in the wake of the recent tragic truck accidents, there is a crackdown by the US Department of Transportation (DOT) on non-domiciled CDL (commercial drivers license) holders and enforcement of the English Language Proficiency (ELP) rule.

Last month, the US Court of Appeals for the District of Columbia voted 2-1 to temporarily block the Federal Motor Carrier Safety Administration (FMCSA) rule banning the issuance of non-domiciled CDLs. The FMCSA’s rule had limited CDLs to US citizens and drivers possessing an H-2A, H-2B or E-2 visa. DACA recipients, asylum seekers, asylees, and refugees were ineligible for CDLs per the FMSCA rule.

Despite the stay, however, states are not issuing new CDLs to drivers who do not meet the FMCSA’s requirements. It is unclear if states will continue to audit their records and revoke non-domiciled CDLs.

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