On November 13, 2025, the U.S. Court of Appeals for the D.C. Circuit stayed FMCSA’s interim final rule restricting non-domiciled commercial driver’s licenses. Six days later, FMCSA filed an unopposed motion to hold the entire case in abeyance. The agency told the court it wanted time to promulgate a final rule, so no one would waste time briefing arguments that might become moot. The court granted that request in early December. The litigation is on ice. The stay remains in effect. Today’s Federal Register tells a different story. FMCSA is seeking full three-year OMB approval for the information collection requirements tied to that stayed rule. The emergency approval expires February 28. The agency wants the paperwork infrastructure locked in before the final rule lands. What the Rule Actually Does The interim final rule dropped on September 29, 2025. FMCSA called it “Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers’ Licenses.” Translation: Significantly limiting state driver licensing agencies’ authority to issue CLPs and CDLs to individuals domiciled in foreign countries. The rule restricted eligibility to H-2A, H-2B, and E-2 visa holders, cutting out asylum seekers, refugees, and DACA recipients. The information collection requires states to retain copies of both identification documents used in the non-domiciled application process, plus a copy of the required SAVE query verifying immigration status. States must keep these records for at least two years from the date of issuance, transfer, renewal, or upgrade. States must produce those documents within 48 hours of an FMCSA request. Why…
