Unions challenge federal ban preventing immigrants from obtaining commercial driver’s licenses

Public Citizen Litigation Group, the American Federation of State, County and Municipal Employees (AFSCME), and the American Federation of Teachers (AFT) have filed a petition in the U.S. Court of Appeals for the D.C. Circuit challenging a new federal rule that restricts nearly 200,000 people from obtaining commercial driver’s licenses based on their immigration status.

The rule, issued by the Federal Motor Carrier Safety Administration (FMCSA) on September 29, 2025, bars asylum seekers, refugees, and Deferred Action for Childhood Arrivals (DACA) recipients with work authorization from holding these licenses. Commercial driver’s licenses are required for professions such as truck drivers, bus drivers, and delivery drivers.

The lawsuit was filed on behalf of Jorge Rivera Lujan, Aleksei Semenovskii, AFSCME, and AFT. It contests both the content of the rule and FMCSA’s process in issuing it without following standard notice-and-comment procedures.

“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. “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.”

According to those involved in the case, when Rivera Lujan—who has lived in the United States since age two—attempted to renew his license after eleven years as a truck driver and business owner, he was denied due to this new regulation. “Without a commercial driver’s license, I will lose my business and the income that allows me to provide for my family,” said Mr. Rivera Lujan. “I have followed all the rules and complied with all requirements set by the government.”

Aleksei Semenovskii described how trucking is essential for his livelihood: “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.”

AFSCME President Lee Saunders criticized how this policy affects not only individuals but also communities dependent on essential services: “The administration’s new rule prevents immigrants who are lawfully present in the country and authorized to work from supporting themselves and their families. 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 added: “For the Trump administration, the cruelty is the point. This is a spiteful and illegal rule issued with no justification except to hurt hundreds of thousands of lawful immigrants with work authorization who only want to build a better life for themselves and their families. 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.”