Utah truck driver petitions U.S. government to review rule limiting CDLs to citizens

SALT LAKE CITY (ABC4) — Several petitioners, including one from Utah, have filed a petition for review in regard to a new law that limits commercial driver’s license, arguing that it unfairly targets lawful immigrants.

In September of 2025, the Federal Motor Carrier Safety Administration (FMCSA) issued a new emergency action that drastically restricts who can carry a non-domiciled commercial driver’s license or commercial driver’s permits.

This new rule “limits individuals eligible for non-domiciled CLPs and CDLs to foreign individuals in lawful status in the United States in certain employment-based, non-immigrant categories.”

As a reason for this emergency ruling FMCSA cited the fact that five fatal crashes that occurred this year involved non-domiciled CDL holders. Notably, a 2024 FMSCA commercial motor vehicle study cited that there have been over 3,000 fatal crashes involving large trucks or buses each year from 2010 and 2022.

The ruling took effect on September 26, 2025. On October 20, 2025, the Public Citizen Litigation Group, American Federation of State, County and Municipal Employees (AFSCME), and American Federation of Teachers (AFT) filed a petition for review in the U.S. Court of Appeals challenging the ruling.

The petition for review was also filed on behalf of four plaintiffs who have been affected by the FMSCA ruling. One petitioner has been a truck driver for over a decade and lives in Utah.

Petitioner’s arguments

The petitioners argue that the FMSCA law threatens the livelihoods of 200,000 individuals and specifically targets asylum seekers, refugees, and Deferred Action for Childhood Arrivals (DACA) recipients, who will be barred from holding commercial driver’s licenses because of their immigration status.

“This unlawful rule seems intended to put people authorized to work in the United States out of work, solely because of the prejudices of the Trump administration,” said Wendy Liu, attorney at Public Citizen Litigation Group in a public statement. “We are asking the court to promptly invalidate the rule to prevent devastating consequences for our clients and the hundreds of thousands of people across the country who depend on commercial driver’s licenses for their livelihoods.”

One petitioner, Rivera Lujan, has reportedly lived in the United States since he was 2 and has worked as a truck driver for 11 years. Public Citizen confirmed that Rivera Lujan is from Utah and has been impacted by this new ruling.

According to the press release, Mr. Rivera Lujan was not allowed to renew his CDL on September 30 because of his status as a DACA recipient.

“Without a commercial driver’s license, I will lose my business and the income that allows me to provide for my family. I have followed all the rules and complied with all requirements set by the government,” Lujan said in the statement.

A fellow petitioner and asylum seeker from Russia, Aleksei Semonvskii stated, “Driving a truck is how I support my family. I’ve endured tremendous hardship but have fought to rebuild my life through trucking. For me and so many others, this rule will be a tragedy, destroying years of sacrifice and honest work.”

Public Citizen Litigation Group, AFSCME, and AFT also argue that this ruling will disrupt community services, citing that CDLs are required to drive large trucks, buses, and some delivery vehicles.

“The administration’s new rule prevents immigrants who are lawfully present in the country and authorized to work from supporting themselves and their families,” said AFSCME President Lee Saunders. “It also disrupts essential services communities rely on. Drivers who take our children to school, deliver food and medicine, and clean trash off the streets must have these commercial driver’s licenses, and denying them inflicts unnecessary pain on everyone their lives touch.”  

AFT President Randi Weingarten argues that this is an intentionally targeted act against immigrants, “Many AFT members require a CDL to work as school bus drivers—and right now we are seeing people turned away from training for these positions. Their American Dream will be dashed or deferred, all because of the pettiness of the president and his advisers.”