Rule Change Risks Thousands of Jobs for Asylum Seekers and Immigrants

The Facts -

Legal Challenge Against Rule Impacting Immigrant Drivers

WASHINGTON, D.C. — A coalition of organizations has launched a legal challenge against a newly implemented rule that could jeopardize the jobs of around 200,000 immigrant workers. The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) introduced a regulation on September 29, 2025, that prohibits asylum seekers, refugees, and Deferred Action for Childhood Arrivals (DACA) recipients with work authorization from obtaining commercial driver's licenses (CDLs). This change threatens the livelihoods of those in trucking, bus driving, and delivery services.

The case, named Rivera Lujan v. FMSCA, has been filed by Public Citizen Litigation Group, the American Federation of State, County and Municipal Employees (AFSCME), and the American Federation of Teachers (AFT). The plaintiffs, including individuals like Jorge Rivera Lujan and Aleksei Semenovskii, argue that the rule is not only substantively flawed but also violates procedural law by bypassing the required notice and comment period.

“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,” emphasized 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.”

One immediate impact is evident in the case of Jorge Rivera Lujan, a long-time truck driver and DACA recipient, who discovered he could not renew his CDL—essential for his business—under the new regulation. "Without a commercial driver’s license, I will lose my business and the income that allows me to provide for my family," Mr. Rivera Lujan stated, highlighting the personal stakes involved.

Mr. Semenovskii, hailing from Russia and seeking asylum, has supported his family through trucking for over five years and expressed deep concerns: "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 the rule for its broad implications: “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.”

For more details on the legal proceedings, view the petition for review.

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