Jan brewer expands drivers license ban to include deferred action tucson, az arizona gov. Arizona grants licenses to dreamers, but has been denying them to others under deferred action status. Howard fischer, capitol media services june 25, 2018 a federal judge has swatted down efforts by the ducey administration to deny licenses to some deferred action recipients even after a federal appeals court ruled that such a move was illegal for others. Doug ducey has finally agreed to issue drivers licenses to all deferred action recipients. Arizona and nebraska are the only states that deny drivers licenses to undocumented immigrants who are approved under the presidents program.
Phoenix after fighting the issue in court for years, gov. Driver license adot arizona department of transportation. Jan brewer to block participants in the deferred action for childhood arrivals program from qualifying for drivers licenses in her state. Arizona gives up challenge to immigrant drivers licenses. Denying licenses to some immigrants in the country illegally who have been granted deferred action, or protection from deportation, is unconstitutional, according to a claim filed. As the deferred action for childhood arrivals daca initiative begins accepting applications this week, many are wondering whether beneficiaries of the program will be eligible to obtain a state drivers license. Ducey abandons suit to stop deferred action recipients from getting drivers licenses by. In august 2012, brewer ordered state officials not accept work papers from daca deferred action recipients. Supreme court shuts down arizona appeal on dreamer. Supreme courts refusal to hear the states appeal of a court ruling that blocked arizona from denying them drivers licenses. Arizona cant deny drivers licenses to others in deferred. Jan brewer cant help but continue to make life impossible for immigrants even if are actually considered to be in the country legally. Deferred action for childhood arrivals recipients will receive a drivers license like any other arizona drivers license or identification card. Deferred action is a longstanding form of relief that is included specifically in the federal real id act as a lawful status that would permit the issuance of a federally recognized drivers license, valid during the period of authorized stay in the u.
Court rules state denial of drivers licenses illegal. Access to drivers licenses for immigrant youth granted daca. Adot begins issuing drivers licenses to some immigrants. An appeals court on monday ordered arizona to begin issuing drivers licenses to young undocumented immigrants granted work permits under president barack obamas deferredaction program. Court of appeals for the 9th circuit ruled that arizonas policy denying licenses to daca recipients was illegal and blocked the policy. Groups file lawsuit against jan brewer and az over license. Court rules state denial of drivers licenses illegal by. The expiration date will correspond with the expiration of their employment authorization card, as happens with all individuals who present eac cards. Some immigrants living in arizona with federal authorization to work in the u. Daca and drivers licenses national immigration law center. Arizona must continue allowing undocumented immigrants with work permits and protection from deportation the ability to apply for drivers licenses in. If a survivor with an approved vawa petition has already received an arizona driver s license based on an ead card issued under category c14, that license is still valid.
These statescalifornia, colorado, connecticut, delaware. Arizona cant deny drivers licenses to others in deferredaction programs jun 25, 2018 arizona grants licenses to dreamers, but has been denying them to others under deferred action status. After a lengthy court battle, governor doug ducey has finally agreed to issue drivers licenses to all deferred action recipients. In response to the lawsuit, the state in september. Brewer issued an executive order last august on the day the government began accepting deferred action applications to ban the state from issuing drivers licenses to those. Deferred action immigrants to be given drivers licenses. Requirements to submit a medical clearance card for a commercial driver license are extended until september 1, 2020. Supreme court shuts down arizona appeal on dreamer drivers. For example, if a driver license expires on march 20, 2020, the new expiration date will be september 20, 2020. The state settled with the plaintiffs in a lawsuit originally filed in sept. Court of appeals for the ninth circuit enjoined the state of arizona from implementing a policy that resulted.
Can deferred action beneficiaries get drivers licenses. The facts on the revised adot deferred action policy september 20, 20 phoenix a revised arizona department of transportation policy to restrict the issuance of driver licenses and identification cards to certain holders of deferred action immigration documents does not have a harmful effect on immigrants who are crime victims or refugees. Following the executive order issued by arizona governor jan brewer that denies drivers licences to some young illegal immigrants who availed the immigration relief and work permits under the deferred action for childhood arrivals daca program established by obama administration, a lawsuit has been filed against the same it was filed by a group of various civil and immigrant rights. Arizona had denied drivers licenses to daca recipients, saying they did not have the citizenship documentation the state. Arizonas policy was subsequently expanded to exclude other beneficiaries of deferred deportation, like victims of domestic violence, from getting drivers licenses. Currently, 15 states and the district of columbia allow unauthorized immigrants to obtain a drivers license. Howard fischer, capitol media services january 23, 2019 after fighting the issue in court for years, gov. On april 5, 2016, the ninth circuit in arizona dream act coalition v.
Arizona must continue to issue licenses to young undocumented immigrants who receive deportation deferments. This change is necessary because other states plan to issue drivers licenses to individuals who qualify for deferred action for childhood arrivals, stacey stanton, director of. The court is not saying that the constitution requires the state of arizona to grant drivers licenses to all noncitizens or to all individuals on deferred action status, the ruling states. Supreme court shuts down arizona appeal on dreamer drivers licenses. Aclu sues to overturn denial of driver licenses to. The facts on the revised adot deferred action policy. Court blocks arizona policy of denying drivers licenses. Arizona drivers license ruling marks immigration victory. Lawsuit against arizona governor for denying drivers. Arizona ends court appeal, will issue drivers licenses to. The arizona case grew out of a decision by thengov. A federal judges decision to permanently require arizona to issue drivers licenses to immigrants who have been granted deferred action from deportation marks another significant victory for. Last week, arizona stopped giving drivers licenses to all immigrants who receive any form of deferred action from deportation, not just those approved for. The facts on the revised adot deferred action policy adot.
Deferred action for childhood arrivals daca, which authorizes certain immigrants who came to the united states as children, without permission, to remain in the united states. Nilc and maldef sued arizona on behalf of several deferred action holders who, despite having received work authorization from the federal government, were denied the opportunity to apply for a drivers license. Arizonas republicanled government responded by refusing to issue drivers licenses to daca recipients with work permits, a step that was overturned last year by the 9th u. Arizona sued over denying drivers licenses to some. Immigrant youth granted deferred action under the deferred action for childhood. On september 17, 20 the governor and the arizona department of transportation adot announced a new policy that expanded the current ban on drivers licenses to certain. Judge allows arizona drivers license ban for dreamers to. After you study up, be sure to take adots online driver license practice tests. After daca, california was the first to act to allow deferred action recipients to be issued drivers licenses. Because arizona issues licenses to some who fall under other types of deferred action programs, the policy is an equal protection violation, the court ruled. Deferred action and drivers licenses new arizona department of transportation policy denying drivers licenses and state ids to immigrants granted deferred action.
Circuit court of appeals to take another look at the case, which revolved around thenpresident barack obamas 2012 order creating the deferred action for children arrivals program. Jan brewer r did not respond to a request for comment on the states policy on drivers licenses for deferred action recipients. The 9th circuit court on monday ordered that arizona provide drivers licenses to recipients of deferred action from deportation those commonly known as dreamers. Jan brewer to deny drivers licenses to immigrants exempt from deportation. Deferred action for childhood arrivals federal policy. Five arizona immigrants who have deferred action because they are victims of domestic abuse or are children of victims say the state must give them licenses because they have authorization to be in the country. Ducey abandons suit to stop deferred action recipients.
All states now issue drivers licenses to daca recipients. Each state has its own laws for the issuance of drivers licenses, and applicants generally have. Trump criticizes his justice department for not joining. The challengers note the state motor vehicle division issues arizona driver licenses to others who have been granted deferred action under different federal programs, including those allowed. Deferred action program revives debate over drivers. The outcome of the lawsuit could affect other states that have also denied drivers licenses to those immigrants protected from deportation under the deferred action for childhood arrivals, or daca. Arizona sued over denying drivers licenses to some immigrants. The ina expressly provides for deferred action as a form of relief that can be granted at the executives discretion. Under this revision, even one who received deferred action other than daca under 8 cfr274a. Arizona cant deny drivers licenses to others in deferredaction programs jun 25, 2018 arizona grants licenses to dreamers, but has been denying them to others under deferred action. Deferred action recipients include survivors of domestic violence and other serious crimes.
District judge david campbell denied a request for a preliminary injunction on brewers executive order that prevents deferred action recipients from getting drivers. Trump criticizes doj for not pushing scotus on arizona. Phoenix a federal judge has rejected efforts by the ducey administration to deny drivers licenses to some deferredaction recipients, even after a federal appeals court ruled the state is. Supreme court on monday required arizona to continue to provide driver s licenses to the socalled dreamers immigrants and refused to hear the states challenge to an obamaera program that protects hundreds of thousands of young adults brought into the country illegally as children. Adot begins issuing drivers licenses to some immigrants with deferred action status. Arizona cant dodge dreamers push for licenses courthouse news. In an effort to get out from under the lawsuit, in september of 20 governor brewer expanded the drivers license ban to include all individuals granted deferred action. Brewer refused to reconsider its earlier decision striking down arizonas refusal to issue drivers licenses to beneficiaries of president barack obamas deferred action for childhood. The civil rights coalition argued that arizonas drivers license policy is unconstitutional because it unfairly singles out young immigrants granted deferred action under daca, when arizonas policy allows all other immigrants granted deferred action and a work permit to apply for licenses. Immigrants brought to arizona illegally as children and protected from deportation under an obamaera program on monday applauded the u. Ducey abandons suit to stop deferred action recipients from getting.
While arizona is the only state that has denied drivers licenses to beneficiaries of the obama administrations new deferred action program, officials in nebraska and michigan have announced that they will pursue similar policies. Az drivers licenses for daca news for page lake powell arizona. Arizona will continue to deny drivers licenses to deferred action recipients for now, but the lawsuit against governor jan brewers policy still stands. But if the state chooses to confer licenses to some individuals with deferred action status, it may not deny it to others without a rational. Brewer refused to reconsider its earlier decision striking down arizonas refusal to issue drivers licenses to beneficiaries of president barack obamas deferred action for childhood arrivals. Well, deferred action in the state of arizona now, after this executive order. Supreme court refused to let arizona deny drivers licenses to undocumented immigrants who are protected from deportation under a program started by president barack obama.
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