Calling the governor’s actions illegal, civil rights groups filed suit Thursday to overturn an order by Gov. Jan Brewer denying Arizona driver licenses to illegal immigrants who qualify for the federal government’s “deferred action” program.
Attorneys contend the Obama administration, in agreeing not to deport certain people brought here as children, specifically “authorized” them to be in this country. Those eligible also are being issued permits to work legally in the United States.
Brewer, however, contends that while the Department of Homeland Security is not deporting those who qualify — potentially up to 1.4 million nationwide — that does not mean they are in the country legally. And she points out that a 1996 Arizona law specifically requires proof the person’s presence in the United States “is authorized under federal law.”
Challengers want U.S. District Court Judge David Campbell to rule that Brewer’s order and any policies to implement it “are an impermissible state regulation” of immigration.
“It directly conflicts with federal immigration law because the federal government has authorized these young immigrants to live and work in this country,” said Jennifer Chang Newell, an attorney with the American Civil Liberties Union. “And they’re therefore eligible for drivers’ licenses in Arizona.”
Legal issues aside, Alessandra Soler, the state’s ACLU director, said it’s wrong to deny licenses to potentially 80,000 Arizonans who may eventually qualify for what is known formally as Deferred Action Childhood Arrival.
“This is a necessity for these folks who have been granted the right to live and work here,” she said.
“They cannot drive to school, they cannot drive to work,” Soler continued. “As a policy matter it just makes no sense, it’s counterproductive.”
President Obama, in a Rose Garden speech in June announcing the policy, described it as a refinement of the administration’s policy to concentrate its prosecution and deportation efforts on serious offenders.
In essence, the government is using its discretion not to pursue those who are under 30, arrived in this country before turning 16, have no record of a felony or serious misdemeanor, have resided here continuously for at least five years as of the date of the announcement, and are currently in school, have graduated from high school or obtained an equivalency diploma, or are honorably discharged veterans.
Those deferrals are good for two years and can be renewed.
The most recent figures from Homeland Security show that nearly 300,000 applications have been accepted nationwide. The agency says it has received more than 11,000 requests from those living in Arizona but does not spell out how many of these people have been granted deferred status.
Newell acknowledged the new federal policy does not mandate that states grant driver licenses to those who qualify.
“But that doesn’t mean that the state is allowed to make a decision for itself that people that the federal government has given permission to reside in this country are, in fact, ‘unauthorized,’” she said.
All that, however, is built on that premise of authorization.
Peter Boogaard, a spokesman for the Department of Homeland Security, said the agency’s decision not to try to deport some people does not actually “authorize” them to be in the United States.
But in what may be a fine legal distinction, the federal government does not consider them to be here illegally. Boogaard said those who have been given deferred status “do not accrue unlawful presence.”
Boogaard said his agency will not comment on what Arizona is doing regarding driver licenses.
Federal supremacy on immigration aside, the lawsuit also alleges violation of constitutional provisions guaranteeing equal protection under the law.
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 to remain without fear of deportation because they are victims of domestic violence. They said Brewer cannot unilaterally decide that those in the Deferred Action Childhood Arrival program are different.
Records obtained by Capitol Media Services found more than 68,000 instances since 2005 where MVD issued an Arizona driver’s license or state ID card to someone with a federal “employment authorization card.” That’s the exact same kind of card that those who qualify under this new program are being granted.
But current MVD policy, pursuant to Brewer’s August order, says such cards issued under this deferred action program are ineligible.
MVD spokesman Tim Tait said these licenses are issued for limited amounts of time and have to be renewed, meaning some of that 68,000 figure could be duplicates.
Brewer takes the position that the administrative decision by the Obama administration not to pursue deportation — and even to issue work papers — does not provide the federal authorization required under Arizona law.
“Unlike all previous classes granted deferred action, the DACA program is neither congressionally authorized nor enshrined in federal law,” said press aide Matthew Benson. And he said the “legal limbo” that those eligible find themselves in is not due to any action by the state.
“Rather, it is due to President Obama’s decision to pursue this program via executive action rather than through the proper legislative process,” he said.
The lawsuit, however, says Congress gave the executive branch “broad discretion” in enforcement of immigration laws, including the ability not to pursue those who are otherwise subject to deportation. And the challengers to Brewer’s action say deferred action status is a form of that discretion.
Legal issues aside, Meetze called Brewer’s action “wrong and mean-spirited.”
“In this instance, the state of Arizona is playing politics with the hopes and dreams of the ambitious leaders of tomorrow,” she said.
Dulce Matuz, brought to the country illegally at age 15 and eligible for the program, was more pronounced in her criticism.
“Brewer needs to stop singling out ‘dreamers’ and stop treating us differently,” said Dulce, who also is the president of the Arizona DREAM Act Coalition, one of the plaintiffs in the lawsuit. The ‘dream’ reference is an acronym for Development, Relief and Education of Alien Minors Act, proposed federal legislation to provide a path to citizenship for those brought to the U.S. as minors.
“Our oppressors will not give us our freedom willingly,” Dulce said.
Newell said she knows of only two other states which have specifically adopted policies denying licenses to those in this program: Nebraska and Michigan. Arizona is the only place suit has been filed.
Nicholas Espiritu, an attorney with the Mexican American Legal Defense and Educational Fund, agreed with the governor in one respect: the deferred action policy announced by the administration “is not the ultimate solution.”
“Instead, we need a permanent, humane solution that allows for full, not partial, not temporary, and not second-class status for these individuals,” he said.
The president, in making the announcement, said executive action was necessary because Congress has refused to approve the DREAM Act even though it has had bipartisan support in the past, including at one time by Arizona Republican Sen. John McCain.
DonMey posted at 1:12 pm on Thu, Dec 6, 2012.
David - They are not "now legal". They are in limbo. Obama does not have the authority to circumvent laws and grant himself new powers...though he is always trying...which is odd for someone who supposedly spent his college years studying the Constitution.
Masterrogue666 posted at 6:18 am on Thu, Dec 6, 2012.
DavidNichols: Ateam1 seems to have the same opinion. Yes, you have called me a racist, bigot, et al before if previous articles regarding ILLEGAL ALIENS.
Then, as now, your childish attempts to insult me will find no purchase. I enjoy arguing points of an argument. As we all can see, when your "points" are shown to have no merit, you resort to namecalling. Of course, I expected that considering what you wrote about the Gov.
Why don't I use my real name. I did when I got my account at EVT. I've been doing this for years, and one person, whom admitted he was an ILLEGAL ALIEN, said that he planned on tracking me down using my IP address. Such person's are the reason, as I have a RESPONSIBILITY to protect my family. But then, I'm use to liberals ignoring anything that has to do with responsibility.
Ateam1 posted at 4:53 pm on Wed, Dec 5, 2012.
DavidNichols;You sound like a broken record and you are FOR SURE a first class moron! You are the most un american person on here. Why dont you do US americans a favor and please leave and take your beloved lawbreaking illegals with you.PHOOEY!
DavidNichols posted at 11:16 am on Tue, Dec 4, 2012.
666? Your call name seems that of an Idiot, and you are too cowardly to use your real name, however I don't recall ever calling you a "Hater"?
Are you Frothing at the brain?
Masterrogue666 posted at 10:05 pm on Mon, Dec 3, 2012.
Gee, DavidNichols, you seem to be "frothing at the mouth"! Have you even bothered to check what you say? Here's two articles I found (very quickly) that I think should answer most/all of your questions/statements. And YOU called me a hater! HAH!
http://www.azcentral.com/news/articles/2011/12/07/20111207feds-probed-role-jan-brewer-son-social-security.html
http://blogs.phoenixnewtimes.com/valleyfever/2010/09/jan_brewers_criminally_insane.php
DavidNichols posted at 12:15 pm on Mon, Dec 3, 2012.
Funny Jan Brewer is against a few now legal students from obtaining a Temporary Drivers License because she thinks it is "illegal".
What ever happened to the Federal Investigation into Jan Brewer Defrauding Social Security out of $75,000.00 to reward her Knife Point Rapist Son Ron as he served out his sentence?
Did Jan get the Social Security checks, cash, and spend them, since Rapist Ron was Incarcerated?
Did the Fed's really Grant Honest Jan Brewer "Amnesty" from Jail Time, and simply allow her to payback the Defrauded money?
Why all of the "Secrecy"?
I think Social Security Fraud, and Knife Point Rape is worse than a few good hard working students getting temporary Drivers Licenses.
Jan Brewer you are a "Shame" to Arizona, and Humanity.
Masterrogue666 posted at 6:15 pm on Sun, Dec 2, 2012.
Vof Reason: Not if you are a Drug Lord....
VofReason posted at 12:54 pm on Fri, Nov 30, 2012.
Is all of this in response to the failure of the Mexican State? I mean why is it deemed such a harsh penalty to return people to their native country? Unless that native country has been deemed a bad place to have to be? Strange how all of the political will gets mustered in the US, but not much directed back against the (gulp) country of origin. Is Mexico that bad?
Arizona Willie posted at 10:51 am on Fri, Nov 30, 2012.
All they have to do is go home to Mexico and get a Mexican drivers license and then sneak back across again.I see vehicles with Mexican license plates almost every day on Main St. in Mesa.
Arizona honors Mexican drivers licenses, I believe.They certainly are not eligible for an Arizona drivers license.
OldLehiLady posted at 8:50 am on Fri, Nov 30, 2012.
"'Our oppressors will not give us our freedom willingly,' Dulce said."
This effrontery merits national exposure that it hasn't yet received.
Consider including it with the link to this page in your emails, on your blogs, on other blogs, and on your websites.
witman posted at 7:34 am on Fri, Nov 30, 2012.
I thought "ACLU" stood for "Americans civil liberties union".
It should be changed to "Anyone but Americans civil liberty union".
They don't give a hoot about the American people anymore, just the illegals and terrorists.
Masterrogue666 posted at 7:29 am on Fri, Nov 30, 2012.
The article stated: "Those deferrals are good for two years and can be renewed." Ergo, they could be deported in two years. Until Obama actually makes them citizens, then they shouldn't be allowed to get AZ DL's, because it's OUR STATE LAW. They don't like it, move to a state that will give them a DL. Why do they need DL's now. Since they WERE (and still are IMHO) ILLEGAL ALIENS, then they couldn't get DL's anyway. Give them an inch, they demand a mile. Talk about being entitlement minded!
OBAMA'S to blame for all this! Even the Democrats voted "NO" on the Dream Act! Obama bought votes with his Executive Order.
Deddzone posted at 9:49 pm on Thu, Nov 29, 2012.
It was a matter of time before Brewer was sued. And the GOP will now be bending over trying to get the Hispanic vote---gee, best of luck. As far as the Tea Party--shrinking in number and no longer welcomed by the GOP.
Hell, AZ is on the road to being a sharp shade of purple.
samkat posted at 8:06 pm on Thu, Nov 29, 2012.
Don: Well said.
DonMey posted at 5:18 pm on Thu, Nov 29, 2012.
Obama does not have the authority to grant them "legal status". As the head of the Executive branch, all he can do is violate his oath to defend our laws to the best of his ability, and state he will make zero effort to enforce them. Which he has done.
BajaRat posted at 5:16 pm on Thu, Nov 29, 2012.
The arrogance of these border-hopping miscreants is beyond the pale. No wonder most Americans want their sniveling arses deported. Comrade O didn’t make these dirt bags legal….. He just unlawfully decreed that USCIS won’t deport them for a couple of years. Driver’s licenses and driving is a privilege granted by the state, not by the tin pot dictator in the White House, the loathsome ACLU jackasses, the Tan Klan, or the deplorable MALDEF. End of story. Hopefully Joe can figure out a way to get these tick-like blood suckers the hell out of the state.