Lujan v. FMCSA, King County v. DOT

A coalition of 19 local governments and officials filed an amicus brief in two cases about who can hold a commercial driver’s license. Public Rights Project, Democracy Forward, and law firm Kaplan Kirsch filed the brief on the coalition’s behalf.

In September 2025, the Federal Motor Carrier Safety Administration (FMCSA) issued an interim final rule stripping the ability from some non-citizens of having a commercial driver’s license. The plaintiffs in the cases have asked the court to block the rule, and for an emergency suspension of the rule while it is reviewed by the court. The coalition filed the brief in support of that request.

The brief explains that limiting the number of commercial driver’s licenses will hurt local communities by reducing the number of available drivers, especially in the face of nationwide driver shortages. This could make communities less safe and make it harder for local governments to deliver essential services.

For example, if a city has a snowplow driver shortage, it might have to close roads. This will only make it more difficult for ambulances, fire trucks, or police to reach people in need. The brief also argues that public transportation, school buses, construction, and nationwide shipping, and highway maintenance would all be disrupted if the rule takes effect.

Update: 

On Nov. 10, the U.S. Court of Appeals in Washington DC issued an administrative stay of the federal rule. This temporarily blocks FMCSA from enforcing the rule while the court reviews the case.

Update:

On Nov. 13, the appeals court stayed the rule, pausing the enforcement of the rule based on the merits of the case. The court found that the petitioners would likely succeed in at least three of their challenges to the rule, including:

• FMCSA improperly issued the rule without consulting with states
• FMCSA did not provide a sufficient reason for bypassing the public comment period
• FMCSA did not provide a satisfactory reason for how the rule would promote safety

Read the decision.

Update:

On March 5, 2026, Public Rights Project filed an amicus brief in Lujan v. FMCSA on behalf of 33 local governments and officials. The coalition supports the plaintiffs’ request to block a final rule that puts restrictions on commercial driver’s licenses. The rule was issued by FMCSA and the Department of Transportation on February 11, 2026.

The brief explains that stripping the ability of some non-citizens from having a commercial driver’s license would harm local governments and their communities. For example, it would reduce the number of municipal bus drivers and exacerbate an existing nationwide shortage of truck drivers.

Read the amicus brief.

Update:

On May 5, 2026, the circuit court in Washington, D.C., rejected a request to pause enforcement of the rule. This clears the way for FMCSA to restrict some non-citizens from having a commercial driver’s license. In its decision, the court accepted FMCSA’s safety justifications and deferred to its broad rule-making authority. 

Read the order.

Update:

On June 22, 2026, Public Rights Project filed an amicus brief supporting a challenge to the final FMCSA rule that prohibits certain noncitizens from getting or keeping their commercial driver’s licenses (CDL). The brief was filed on behalf of 26 local governments. 

The rule will significantly reduce the number of available commercial drivers, especially in the face of a nationwide driver shortage. This reduction will force local governments to cut services, not only disturbing their residents’ lives but also diminishing public safety. Some of the harms described by the coalition include:

• Disrupted student transportation: School bus routes could be cut, reduced, or made unreliable, affecting tens of millions of students and families.
• Slower emergency response: Fewer CDL drivers will slow local governments’ responses to time-sensitive emergencies, leaving people without critical help when they need it most — during snowstorms, hurricanes, and other disasters.
• Wasted funds: Public employees are required to undergo substantial training, making it more costly and time consuming to recruit drivers. In King County, Wash., for example, the county faces losing 50 bus drivers and four recent trainees. This amounts to a lost training investment of more than $800,000 due to FMCSA’s rule.

The brief explains that the FMCSA rule has no safety benefit. Shrinking the pool of commercial drivers will only jeopardize public safety by forcing these roles to be filled by less experienced drivers.

Read the amicus brief.