A federal court in California has refused to issue a temporary restraining order or a preliminary injunction to reinstate California’s ability to issue, renew, replace or upgrade nondomiciled CDLs and CLPs.

As part of the DOT’s Nationwide Non-Domiciled CDL Audit, FMCSA said it uncovered violations in California’s non-domiciled CDL program, which allowed the state to illegally issue licenses with expiration dates extending years beyond a driver’s lawful presence and to grant CDLs to individuals who were ineligible to hold them. In total, more than 20,000 active non-domiciled CDLs were issued by California in violation of federal safety regulations.

On September 26, 2025, FMCSA issued a preliminary determination letter to California regarding the state’s issuance of non-domiciled commercial learner’s permits and CDLs. FMCSA informed California that it identified deficiencies in its issuance of CDLs and CLPs, and required California to “[i]mmediately pause issuing non-domiciled CLPs and CDLs.” FMCSA also required California to take other corrective actions. FMCSA threatened that, absent California’s compliance, the state could face denial of some federal highway funding and decertification of its entire CDL program. The pause started in September 2025 and has continued until the present.

FMCSA has since withheld over $158 million from the State of California for failing to cancel over 17,000 illegally issued commercial driver’s licenses by the agreed-upon deadline of January 5, 2026. In addition, FMCSA is threatening to decertify California’s entire CDL program, which would bar the state from issuing any CDLs or CLPs.

A group of Chinese American CDL truck drivers filed suit to restore California’s ability to issue CDLs, citing the impact of the FMCSA’s decision on their livelihood. The court denied the request for a temporary restraining order or a preliminary injunction, holding that the public interest weighed in favor of allowing FMCSA to ensure compliance by the State with uniform nationwide CDL standards applicable to non-domiciled applicants.