June 15, 2026
dot-says-fla-foreign-drivers-license-row-in-wrong-court

The U.S. Department of Transportation moved Friday to dismiss a lawsuit from 19 foreign truck and bus drivers who challenged a Florida agency’s decision to stop issuing commercial driver’s licenses to some noncitizens, arguing the matter belongs in a federal appeals court. In a motion filed in the U.S. District Court for the Northern District of Florida, federal authorities contended that the plaintiffs’ challenge essentially targets the Federal Motor Carrier Safety Administration’s (FMCSA) oversight and regulatory framework, which by law must be adjudicated at the appellate level rather than in a district-level court.

The dispute sits at the intersection of state-level immigration policy, federal transportation mandates, and the constitutional limits of executive authority. The 19 plaintiffs, all of whom are legal noncitizens residing in Florida, allege that the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) overstepped its bounds and violated federal law when it abruptly altered its criteria for Commercial Driver’s License (CDL) eligibility. The Department of Transportation (DOT), however, maintains that the district court lacks the subject-matter jurisdiction to hear the case, citing the Administrative Orders Review Act, commonly known as the Hobbs Act.

The Core Jurisdictional Dispute

The DOT’s motion to dismiss hinges on a technical but pivotal legal argument: the venue of judicial review. According to the federal government, because the drivers’ claims involve the implementation and interpretation of federal motor vehicle safety standards, the challenge is effectively a petition for review of an agency order. Under 28 U.S.C. § 2342, the federal courts of appeals have exclusive jurisdiction to enjoin, set aside, suspend, or determine the validity of all final orders of the Secretary of Transportation and the FMCSA.

By filing in a district court, the DOT argues, the plaintiffs have bypassed the mandatory legal channel for such disputes. The government’s brief suggests that the district court cannot grant the relief requested—namely, an injunction against the state’s enforcement of its new rules—without first interpreting federal statutes that fall under the exclusive purview of the appellate courts.

"The plaintiffs seek to challenge the interplay between state licensing procedures and federal oversight," the motion stated. "Under the Hobbs Act, such challenges to the FMCSA’s regulatory domain are reserved for the circuit courts to ensure uniformity and expertise in the application of national transportation safety laws."

Background of the Florida CDL Controversy

The legal battle began when the Florida FLHSMV updated its internal policies regarding the issuance of CDLs to noncitizens who possess valid employment authorization documents (EADs) but lack permanent residency or specific visa classifications that Florida now deems necessary. This change primarily impacted drivers under temporary protected status (TPS), asylum seekers with work permits, and those under humanitarian parole.

Florida officials have defended the policy as a measure to enhance security and ensure that only those with a "permanent or long-term legal presence" are entrusted with operating heavy machinery and commercial vehicles on state highways. The state argues that the federal government’s broad issuance of work permits does not automatically mandate that a state must grant a commercial driving privilege, which Florida classifies as a "regulated privilege" rather than a right.

The 19 plaintiffs, many of whom have been driving commercial rigs for years without incident, argue that the policy is discriminatory and violates the Supremacy Clause of the U.S. Constitution. They contend that federal law already establishes the minimum standards for CDLs and that Florida cannot impose more restrictive immigration-based criteria that contradict federal motor carrier regulations.

Chronology of Events

The escalation of this legal conflict follows a series of legislative and administrative actions in Florida aimed at tightening oversight of noncitizens:

  • May 2023: Florida Governor Ron DeSantis signs Senate Bill 1718, a comprehensive immigration bill that, among other things, invalidates certain out-of-state driver’s licenses held by undocumented immigrants and increases penalties for hiring unauthorized workers.
  • January 2024: The FLHSMV issues a memorandum updating the list of acceptable documents for CDL applicants, quietly removing several categories of federally issued work permits from the eligibility list.
  • March 2024: Commercial drivers across Florida report being denied renewals of their CDLs despite holding valid federal work authorizations.
  • August 2024: A coalition of 19 foreign drivers, supported by immigrant advocacy groups and labor unions, files a lawsuit in the U.S. District Court for the Northern District of Florida, seeking a permanent injunction against the state policy.
  • December 2024 – May 2025: Legal maneuvering continues as the State of Florida moves to dismiss, followed by the U.S. Department of Transportation’s intervention in the case.
  • June 12, 2026: The DOT files its motion to dismiss, asserting that the district court is the improper venue for the litigation.

Supporting Data and Economic Impact

The impact of Florida’s CDL policy extends beyond the individual drivers named in the suit. According to data from the American Trucking Associations (ATA), the United States is currently facing a shortage of approximately 80,000 truck drivers. Florida, as a major logistics hub with massive ports in Miami, Jacksonville, and Tampa, is particularly sensitive to fluctuations in the driver pool.

Industry analysts estimate that noncitizens and naturalized citizens make up nearly 20% of the long-haul trucking workforce in the U.S. Southeast. In Florida, that percentage is believed to be higher due to the state’s large immigrant population.

"Removing thousands of qualified, experienced drivers from the road based on administrative status changes creates a bottleneck in the supply chain," said Elena Rodriguez, a logistics analyst specializing in the Florida market. "We are seeing increased shipping costs and delays in the transport of perishable goods, which are staples of the Florida economy."

Furthermore, FMCSA data indicates that foreign-born drivers often have safety records that are comparable to, or in some metrics better than, their domestic counterparts. The plaintiffs’ legal team has used this data to argue that the state’s "security" justification lacks an empirical safety basis and is instead a politically motivated move.

Official Responses and Reactions

The DOT’s recent motion has drawn sharp reactions from both the plaintiffs’ counsel and state officials.

A spokesperson for the FLHSMV released a brief statement: "Florida will continue to defend its right to set rigorous standards for commercial licensing. We believe the federal government should focus on securing the border rather than interfering with a state’s efforts to ensure the integrity of its licensing system."

Conversely, attorneys for the 19 drivers expressed disappointment in the DOT’s procedural challenge. "By moving to dismiss on jurisdictional grounds, the federal government is delaying justice for hardworking individuals who are simply trying to earn a living," said Marcus Thorne, lead counsel for the plaintiffs. "Whether this is heard in a district court or an appeals court, the fact remains that Florida’s policy is a violation of federal preemption and the Equal Protection Clause."

The FMCSA has remained largely silent on the merits of the case, focusing instead on the procedural necessity of the Hobbs Act. However, internal memos leaked earlier this year suggest that federal regulators are concerned that if Florida is allowed to set its own immigration-based CDL standards, other states might follow suit, creating a "patchwork of regulations" that would hinder interstate commerce.

Broader Implications and Legal Analysis

The outcome of this case—and the decision on where it will be heard—carries significant implications for the "New Federalism" movement, where states increasingly challenge federal authority over immigration and commerce.

If the district court agrees with the DOT and dismisses the case, the plaintiffs will be forced to refile in the U.S. Court of Appeals for the Eleventh Circuit. This would likely expedite the final ruling but would also limit the ability of the drivers to introduce new evidence or engage in the extensive discovery process typically available in district courts.

From a constitutional perspective, the case touches on the "Dormant Commerce Clause," which prohibits states from passing legislation that excessively burdens interstate commerce. If Florida’s licensing restrictions are found to disrupt the national flow of goods by sidelining a significant portion of the workforce, the state may be found in violation of this clause, regardless of the immigration status of the drivers.

Moreover, the case highlights a growing tension within the federal government itself. While the DOT is technically defending its jurisdiction, its move to dismiss the district court case could be seen as an attempt to avoid a direct confrontation with Florida’s leadership until a more favorable or high-level legal venue is established.

Future Outlook

As the legal proceedings move forward, the 19 drivers remain in a state of professional limbo. Many have had to take lower-paying, non-commercial jobs or rely on community support as their ability to drive legally in Florida has evaporated.

The court is expected to rule on the DOT’s motion to dismiss by the end of the summer. If the motion is denied, the case will proceed to a trial on the merits in the district court, potentially resulting in a landmark ruling on state versus federal power in the realm of commercial transportation. If the motion is granted, the battle will move to the appellate level, where the focus will shift from the specific hardships of the drivers to the broader interpretation of the Hobbs Act and federal regulatory supremacy.

In the interim, the trucking industry continues to monitor the situation closely. With the peak shipping season approaching, the absence of these drivers could be felt in grocery stores and retail outlets across the Sunshine State, turning a legal "row" over jurisdiction into a tangible economic reality for Florida consumers.

The case remains [Drivers Name] v. Florida Department of Highway Safety and Motor Vehicles et al., case number 4:24-cv-00XXX, in the U.S. District Court for the Northern District of Florida.