California Lawsuit: Feds Target Non-Citizen Truckers

The FMCSA has ordered California to pause all processing of non-domiciled commercial learner’s permits and commercial driver’s licenses (CDL). Behind the order is the federal government’s threat to withhold federal highway funds from the state of California.

Because interstate trucking is heavily regulated by the federal government, the lawsuit is not positioned as a California unpaid wages lawsuit. Rather, Chinese American Truckers Association v. Federal Motor Carrier Safety Administration makes claims of government overreach under the federal law and the U.S. Constitution.

CDL processing frozen in place

On September 26, 2025, the FMCSA ordered California to immediately pause all non-citizen CDL processing. The agency cited deficiencies uncovered during its 2025 Annual Program Review.

The order required California to identify unexpired credentials issued in violation of federal standards, conduct an internal audit, void noncompliant licenses, and reissue corrected credentials that meet federal standards. The pause remains in effect with no end date in sight.

On November 13, the FMCSA expanded the scope of its review and took the position that any licensing activity by California after the pause order constituted noncompliance with its directives. The administration warned that failure to comply with its order or any undue delay would trigger the withholding of federal highway funds and potential decertification of California’s entire CDL program.

In response, the DMV imposed a categorical, statewide freeze on CDL processing. Drivers with expiring non-domiciled CDLs cannot renew, replace, or extend their licenses, even when they have current eligibility documentation. More drivers lose the ability to work each passing week as their licenses come up for renewal. In addition, the DMV began issuing mass cancellation notices to drivers whose CDL expiration dates do not align perfectly with their Employment Authorization Document (EAD) expiration dates.

Real harm

FreightWaves, an industry publication, lays out the real consequences of the prolonged license processing pause.

For example, a San Bernardino County driver whose CDL was scheduled to expire on January 2, later received a notification that the cancellation date would be extended to March 6. However, the extension provided no mechanism for renewal before it expired on the original date. Notwithstanding the extension, his CDL became invalid on January 2. Without a court order, he has permanently lost his ability to make a living.

Another driver from Orange County holds a work authorization valid through January 2030. His CDL was set to expire on January 20, with the cancellation date extended to March 6. But as with the San Bernardino driver above, the DMV provided no way for him to renew his license. His CDL expired on January 20.

A Los Angeles County driver had his vehicle stolen in December 2025. With his truck he also lost his physical CDL, EAD, Social Security card, and bank cards. His license remains valid through August 2029, and his work authorization runs through December of the same year. However, he has not been able to obtain a replacement license. He too, has lost his livelihood.

APA and the Fourteenth Amendment

All United States residents, regardless of citizenship, enjoy the safety and protection of the U.S. Constitution. This includes the 14th Amendment’s guarantee of due process before anyone can be deprived of life, liberty or property. A CDL is considered a protected property interest under the Due Process Clause. CATA’s complaint argues that neither the FMCSA nor the DMV afforded the drivers the required opportunity to be heard and to defend their legal right to the license that permitted them to work.

The APA ensures that federal agencies and state agencies acting under federal direction operate with fairness, transparency, and within the bounds of the law. The complaint also argues that both the federal and state governments acted beyond what was necessary to protect their legitimate interest in the safety of interstate trucking.

Relief sought

The remedy sought by CATA on behalf of the California truckers is narrowly limited. The lawsuit seeks only individualized renewal, replacement, and/or extension requests for otherwise-qualified drivers. It also seeks individualized corrective action for truckers whose CDLs may be cancelled because of administrative or documentation errors.