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Court Weighs Challenge to DOT’s Non-Domiciled CDL Rule

The U.S. Department of Transportation (DOT) issued a rule on Feb. 13, 2026, restricting non-domiciled commercial driver’s licenses primarily to H-2A, H-2B and E-2 visa holders. The rule is being challenged by CDL drivers together with AFSCME and the American Federation of Teachers. At oral arguments on Sept. 15, 2026, they argued that FMCSA lacked evidence for excluding other legally present drivers and that its visa exceptions and concerns about state processing were irrational; FMCSA argued that the rule addresses unavailable foreign driving records and licensing errors. The D.C. Circuit will determine whether to uphold, invalidate or return the rule to FMCSA, but it has not announced a decision date. Read more here.

About CDA

The Convenience Distribution Association (CDA) is the trade organization working on behalf of convenience products distributors in the United States. Its distributor members represent more than $110 billion in U.S. convenience product sales, serving a wide variety of small retail formats. Associate members include leading convenience product manufacturers, brokers, retailers, suppliers and others allied to the industry.

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CDA does not endorse any product or service that is advertised in CDA magazines or newsletters, displayed at CDA trade shows, or otherwise promoted by CDA members. CDA has not verified whether any tobacco or deemed tobacco product is authorized pursuant to current FDA rules and regulations. CDA shall not be liable for any purchase of, use by, or claim relating to any advertised product.

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