Attorneys for Gov. Jan Brewer told a federal judge Monday there is no legal basis to order the state to immediately provide driver's licenses to certain illegal immigrants immediately since they are not being harmed.
Douglas Northup, the lead counsel for the governor and the state Department of Transportation, said those who qualify for the Obama administration's "deferred action'' program want U.S. District Court Judge David Campbell to issue an injunction requiring the state to issue licenses, even before the case goes to trial. The governor directed ADOT last year not to give licenses to those granted the right to remain in this country and work here under the program.
Northup said the challengers' argument is based on their arguments that their inability to get a license hinders the ability to work and function as fully participating members of society.
But in legal pleadings Monday, Northup told Campbell there's a big flaw in that argument.
"Uniformly, the individual plaintiffs are getting to work, school, and going about their daily lives without driver's licenses and without serious impediment,'' he said, saying the state has already questioned the challengers in pre-trial depositions. Potentially more significant, Northup told the judge there is no reason to believe anything will change if he does not issue the injunction.
"They generally plan to continue doing exactly what they are doing now,'' Northup wrote. And he said without that irreparable harm the judge cannot summarily order the state to issue driver's licenses.
Bu the lawyers representing the five individuals challenging Brewer's directive said the program, known formally as Deferred Action Childhood Arrival, does authorize them and others similarly situated to be in the country. That, they argued, makes Brewer's action illegal and requires Campbell to overturn it.
In their own legal filings Monday, the challengers made some attacks of their own. They argued that Brewer has failed to show that the policy of denying driver's licenses to those in the program was based on any real or legitimate state interest.
"The record evidence confirms that defendants issued their policy based on the impermissible purpose of singling out a politically unpopular group for differential treatment,'' wrote Nicholas Espiritu for those challenging the governor.
A court hearing is slated for later this month for Campbell to decide whether he should immediately order the state to start issuing licenses to the potentially 80,000 Arizonans who are eligible for deferred action.
Central to the debate is a 1996 Arizona law which says that those seeking a state license must show their presence is "authorized under federal law.''
The program, unveiled last summer, says that the federal government will not try to deport those who arrived before age 18, are not yet 30 and meet certain other conditions. That status is good for two years, renewable infinitely.
It also provides work authorization cards to those who ultimately qualify.
Brewer contends that the deferred action program announced last year by the Obama administration does not authorize anyone to be in the United States but simply says they will not be deported, at least for the time being.
In Monday's argument, Northup goes farther.
Northup does not argue the administration's action is illegal, saying that Janet Napolitano, as Homeland Security secretary, has the authority to grant deferred action. But he said that does give the program the force of law.
"It serves only as a general guide and advises federal agents how to exercise their discretionary power to prosecute federal immigration law,'' Northup wrote. He said federal policy cannot invalidate state laws.
Northup also he pointed out that Homeland Security officials have repeatedly said that deferred action does not require states to provide driver's licenses but instead leaves that issue up to each state.
Espiritu, however, cited a fact sheet by U.S. Citizenship and Immigration Services which tells those who are applying that deferred action "does not confer a lawful immigration status'' that their "period of stay is authorized by the Department of Homeland Security.''
If nothing else, Espiritu said the state's action in refusing to provide driver's licenses amounts to Arizona creating its own state classification of immigrants.
"It is beyond dispute that the Constitution gives the federal government sold and exclusive power to regulate immigration,'' he wrote. "Arizona has ignored this limitation on state power and assumed for itself the power to decide for itself who is 'authorized' to be present in the United States and who is now.''
Brittanicus posted at 6:01 pm on Wed, Mar 6, 2013.
You cannot just construct the initial double or triple layer fence as determined under the 2006 Secure Fence Act signed into law by former President Bush. Because it is assumed that somewhere between 40 to 46 percent of people on business trips, visitors and on educational visas overstays don’t return to their home country. As efficient as the 2006 secure fence act would be, some new concept should be used to track overstays. In other countries including Mexico they know whether you have left, once the dated visa runs out. But we only have to study Immigration policies here, to recognize how lapse they are; intentionally voted that way or not? Entering another foreign nation such as Mexico is a Felony, but not here? For first time offenders it’s a loose rap on the hand and deportation and that’s if you can catch them at the border?
Entering this sovereign country without permission is a simple civil infraction; nothing to deter anybody there? It just encourages more to pour in, which is what big businesses demand. From the 1986 Immigration Reform and Control (IRCA) that was one monolithic travesty, because the laws in place were never enforced. In the last few weeks President Obama and his incredulous Liberal Socialist have found the “Sequester” a good excuse to release unknown numbers of illegal aliens back in the American job market. I assume that entities like the United States Chamber of Commerce, Unions and corporate cash have much to do with dismissing these people into the streets as cheap labor. I firmly deem now that Americans placing trust in decades of the prior elected tenant/lawmakers present and future faces with the majority swearing false oaths to the people, indifferent to the concerns of the people, filling their pockets with special interest favors.
Rep. Lamar Smith, R-Texas, the former chairman of the House Judiciary Committee, now serves on the immigration subcommittee in a statement on today:
“Amnesty is not the answer, but enforcing the laws we already have on the books. Amnesty advocates argue that our immigration system is broken and can only be fixed by legalizing millions of illegal immigrants. But they ignore the real problem plaguing our system today: lack of enforcement of laws already on the books. America has the most generous immigration system in the world, admitting one million legal immigrants every year. There is a right way and a wrong way to enter our country. The right way is to play by the rules and wait your turn, not cut in front of the line and ignore the law. Better border and interior security will benefit American taxpayers and workers and make our communities safer. But even if the border itself is secure, that doesn't mean that individuals won't continue to gain legal entry and remain in the country illegally. That happens when those on student, visitor or business visas don't return home after their short-term visa has expired. They account for 40% of all illegal immigrants, more than four million people. Border security must go hand-in-hand with interior enforcement. Congress can take numerous actions to reduce illegal immigration at the border and inside the country. Some of these merely require that the government enforce existing law:
Require employers to only hire legal workers. This will reduce the magnet of the easy availability of jobs that entices many to enter illegally. And it will reduce the competition for scarce jobs that hurts legal workers. More than 425,000 employers have signed up voluntarily for E-Verify that ensure that prospective hires are legally authorized to work in the U.S. And 99.5% of legal workers are confirmed immediately. (Gathering dust in Congress is the LEGAL WORKFORCE LAW, H.R. 2885)
Increase work-site investigations by Immigration and Customs Enforcement to make sure employers are hiring legal workers. This will protect jobs for unemployed or underemployed Americans. Unfortunately, work-site enforcement is down 70% under the Obama administration.
Implement an entry-exit system using biometrics (such as fingerprints) to identify those who entered on a temporary visa and overstayed their visit. They comprise almost half of all illegal immigrants. This administration has ignored the law requiring them to set up this system.
Increase border resources and personnel so that fewer illegal immigrants will enter undetected. For every person apprehended today, others escape notice. The Government Accountability Office has determined that only 6.5% of the southern border is under "full control" of the Border Patrol.
Refuse to issue visas to residents of countries that won't allow their citizens to be returned home after they have committed crimes in the U.S. Many of these individuals are now released back into our communities where they often commit additional crimes.
Expand the Secure Communities program, which identifies illegal immigrants who have been arrested for crimes. These offenders should be detained and then sent home, not released. The Obama administration allows some cities to ignore this law.
Stop giving automatic citizenship to children (BIRTHRIGHT CITIZENSHIP BILL, H.R. 140) born to illegal immigrant parents, which represents about 10% of all births in the U.S. today. At least one parent should be in the country legally. Automatic citizenship rewards illegal parents and often tempts them to enter the U.S. just to give birth.
Even if Congress enacts all these provisions, which still doesn't guarantee they will be implemented. All laws are useless unless they are enforced. And it's the president who can choose to enforce or not enforce laws, as we have seen many times. Regardless of what initiatives are taken or what legislation is enacted, the flow of illegal immigrants will never stop. Some foreigners will not want to wait in line, others will take their chances and work illegally, and others will risk using fraudulent documents. What's more, if current legislative proposals to legalize millions of illegal immigrants are approved, amnesty advocates threaten to file lawsuits delaying enforcement provisions. So the enforcement measures will be tied up in court, but the amnesty provisions will go into effect immediately. The result is amnesty but no enforcement of border security. And as we've learned, amnesty without enforcement only leads to more illegal immigration.
Amnesty advocates promise that they'll secure the border and enforce our laws once they get what they want -- legalization of those in the country illegally. We've heard those promises in the past -- and they were never kept. We should not reward those who have broken our laws with amnesty. Even if we did, there is no guarantee that the border or interior would become more secure. “
Any person who believes America is turning into a thirds world country, should sign a petition against the Gang of Eight's proposal who are in opposition to 23 million unemployed Americans at: NumberUSA You can also contact every Representative demanding no Amnesty and no Path to Citizenship at 202) 224-3121, the general Washington switchboard. YOU--THE CITIZEN VOTER HAS MORE PERSUASION OVER CONGRESS, THAN YOU REALIZE.
Masterrogue666 posted at 3:11 pm on Wed, Mar 13, 2013.
Hello, they are CRIMINALS! They may not be able to stay in the USA once Obama's out of office....