Saying they still will not be here legally, Gov. Jan Brewer on Wednesday told state agencies to deny benefits and even driver's licenses to those illegal immigrants the Obama administration will allow to remain in the country.
In an executive order, the governor said the "deferred action'' program for those who arrived as children does not actually grant them any legal status. And that, she said, makes those in this category ineligible for public benefits under the terms of a 2004 voter-enacted measure.
"Allowing more than an estimated 80,000 deferred action recipients improper access to state or local benefits ... will have significant and lasting impacts on the Arizona budget, its health care system and additional public benefits that Arizona taxpayers fund,'' the order reads.
So she directed all state agencies to change their operations, policies and rules -- and statutes if necessary -- to prevent those in this category from getting benefits.
Brewer also said driver's licenses will be off limits to those in the deferred action program because state law prohibits the Department of Transportation from issuing licenses "unless an applicant submits proof satisfactory to ADOT that the applicant's presence in the United States is authorized under federal law.''
But that directive flies in the face of current ADOT policies which say that licenses are available to anyone with an Employment Authorization Document issued by the federal government without further documentation.
Potentially more significant, an attorney who specializes in immigration law says the governor's action is illegal.
Regina Jefferies acknowledged that those who will be part of the deferred action program will not have legal status. What they have, however, is "lawful presence.''
"They've got permission to be here,'' she said.
In fact, Jefferies said the whole concept of deferred action, while vastly expanded under the president's announcement, is not new. She said federal immigration officials have similarly classified others in the past, such as victims of domestic violence, and made their presence legal.
Jefferies said that classification will not entitle those in the new program to things like food stamps. But she said anyone who is granted deferred action can sue -- she believes successfully -- if the state denies any of these people a driver's license.
Gubernatorial press aide Matthew Benson said his boss disagrees -- and will not back down.
"What President Obama has done confers neither lawful status nor authorized presence,'' he said. "All they've done is defer these individuals' prosecution and deportation.''
He acknowledged MVD has accepted federally issued work permits in the past as proof of legal presence to get a driver's license. But he said that will no longer be the case, at least not without other documentation the Brewer administration believes is proof of legal presence.
And those work cards, by themselves, will not be enough.
"As DHS has told us repeatedly, these individuals who are granted deferred action do not have lawful status,'' Benson said.
Brewer's move comes the same day the Department of Homeland Security began accepting applications from what some organizations have said are a potential 1.7 million individuals who the Obama administration has decided not to try to deport.
In general, those eligible arrived in this country before they turned 16 and are not yet 30. They also need to currently be in school, have graduated from high school or obtained an equivalency diploma, or are honorably discharged veterans.
Under the terms of the program, individuals can seek what amounts to a two-year deferment of any prosecution for being in this country illegally, a deferment that is infinitely renewable -- at least under the current administration.
More to the point, they also will gain permission to work legally in the United States. And it is the issuance of those work documents, Brewer fears, which might otherwise open the door for those in this group to get benefits otherwise reserved for citizens and legal residents.
Benson acknowledged the order also would result in a situation where those who would now be entitled to work will be unable to get the driver's licenses they need to get to their jobs. But he said that is irrelevant.
"This problem was created not by the governor,'' he said. "This problem was created by the president's action to allow these individuals to remain in this country indefinitely and to be provided work permits while they're here.''
Benson said nothing in Brewer's order affects the tuition that those not in this country legally have to pay to attend community colleges and universities. He said it is long settled state law that only those who are citizens or legal residents of the United States, or have "lawful immigration status,'' are entitled to pay the lower rates residents pay.
But Jefferies said she believes that those in the deferred action program may have some claim to the lower tuition.
Benson sidestepped questions of what Brewer thinks should happen, long term, to those who were brought here as children and currently have no legal status.
"That's not what this is about,'' he said.
"President Obama created this problem by picking and choosing what individuals can remain in this country and picking and choosing what parts of federal law he intends to enforce,'' Benson said.
"And it's up to states to try to do all they can to enforce their existing laws'' he continued. "The governor's going to do everything she can to minimize the damage from the president's deferred action move and to limit the cost to taxpayers.''
RollerCam posted at 8:50 pm on Mon, Aug 27, 2012.
Folks on both sides of the border seem to forget that it is THE PEOPLE that make or break a country. It's not the land. America does not have "magic soil." It was THE PEOPLE that made America great.
And what made Mexico the wretched mess that IT is?
brainstorm100 posted at 4:40 pm on Tue, Aug 21, 2012.
Illegal immigration is down....you all stand by a governor who does not have every legal citizen in mind....notice the word legal......Brewer has an AA degree and has seriously no leadership skills....she does not answer questions because she is orally......deficient....come on folks...quit being sheeple......dems.....repubs....fail
Slabside posted at 1:51 am on Fri, Aug 17, 2012.
@goy_70; "The number of 'illegal occupiers", who came with their parents as children, and did not have a say in the matter, are now being punished for their parent's/relatives actions."
So they have known for years that they were in the country illegally. Why have they not become citizens?
You're just another pathetic lib trying to justify law breaking future Obama voters.
goy_70 posted at 4:06 pm on Thu, Aug 16, 2012.
The number of 'illegal occupiers", who came with their parents as children, and did not have a say in the matter, are now being punished for their parent's/relatives actions. As adults now, they have not known any country but the US, and may not even speak their parent's native language. But we - according to Jane and her ideolog followers, must throw them out of the US immediately and must not allow them to show any evidence which could mitigate their legal status. That is preposterous, an action that violates every sense of dignity and christian values the ideologs claim to have.
Engaged Voter posted at 3:11 pm on Thu, Aug 16, 2012.
"Let he who is without sin cast the first stone."
Hey, that's me!
I am without sin.
No god(s) have ever made their will(s) known to me.
Sin (noun) [theol] : transgression of God's known will
So, who are we casting stones at? ;)
DavidNichols posted at 1:38 pm on Thu, Aug 16, 2012.
"America is great because it is good, when it ceases to be good, it ceases to be great."
Alex De Tocqueville
It is sad to see how racist and Nasty Jan Brewer can be.
Some "Latter Day Saints" are only posing.
In Arizona many would rather embrace, and even babtise "Nazi's" than to simply allow good, hard working Hispanic People the ability to drive to work.
This is America's Darkest Hour.
Jan Brewer will be remembered for her deeds.
"Let he who is without sin cast the first stone."
J.C.
Jan has sure cast many?
Accuracy posted at 12:29 pm on Thu, Aug 16, 2012.
DavidNichols posted: “Honest Governor Brewer, you didn't "Deny Benefits" to your Knife Point Rapist Son Ron? In fact you abused your Government Authority to Defraud Social Security of $75,000.00 to Reward your Son for his Heinous Rape Crime as he served out his sentence!”
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Jan Brewer and her husband have had three sons, including their son John who died of cancer in 2007.
In 1989, her son Ronald was charged with sexual assault and kidnapping – at which time Jan Brewer was a member of the Arizona Senate from the 19th district from January 1987 through January 1997. Ronald was declared not guilty by reason of insanity for the rape of a Phoenix woman in 1989, and has been a psychiatric patient for 22 years in the Arizona State Hospital.
Gov. Jan Brewer's role in the collection of her son's Social Security benefits was under investigation for more than a year by federal authorities – the basis of the investigation was whether Ronald improperly received benefits at any time. The amount of money in question was about $75,000.
Federal law was changed in 1995, barring Social Security benefits to anyone institutionalized after being found not guilty by reason of insanity. The investigation case was referred to federal prosecutors, who have declined to pursue the charges.
Jesus Christo de Nogales posted at 12:16 pm on Thu, Aug 16, 2012.
Mr. Owebama. How is allowing 1,760,000 illegal occupiers to stay in the US and giving them work permits going to help lower unemployment? Do you not understand that these young, educated, motivated and potential small business creators are the only possibility for improving the standard of living in the poor Spanish speaking countries? And you want to keep them in the US instead of helping our poor neighbors? Shame on you! No wonder the Spanish speaking peoples of the world hate the United States that steals their best and brightest. Shame on you.
Americans need to unite to help Mexico and Central America by returning these illegal occupiers back to their home land. You keep them in the US and you are only helping one person. Send them back and you are helping millions of their fellow citizens. Are you with me America?
DavidNichols posted at 10:33 am on Thu, Aug 16, 2012.
Honest Governor Brewer, you didn't "Deny Benefits" to your Knife Point Rapist Son Ron?
In fact you abused your Government Authority to Defraud Social Security of $75,000.00 to Reward your Son for his Heinous Rape Crime as he served out his sentence!
President Obama has been very kind to you letting you return the Stolen Social Security Dollars with out the Years of Jail time you earned.
I Guess Benefits for Rapist are alright but not for good, hard working Students?
You are a Nasty Old Racist Hipocrite Governor Brewer.
phxvato1202 posted at 9:15 am on Thu, Aug 16, 2012.
So Leon i see you got your old broad to take your side and post? between you and diane you both sound like a book end parrots. The gov has done nothing more than grandstand with her executive order. Hey it's her right but it shows how she continues to pander her personal hate with a t-t for tat with the president. She's still a moron and idiot and grandstanding like this is hilarious coming from the ditz that she is. It's not gonna cost anymore than what we already waste in Colorado City?
She should concentrate on really enforcing the laws of this state that she is selective on?
Accuracy posted at 8:59 am on Thu, Aug 16, 2012.
Again, Arizona Gov. Jan Brewer isn't afraid to take a stand. This time, by not agreeing with how the Obama administration handled the situation for undocumented "illegal" immigrants under age 30 to get a driver's license and apply for work and school. And orders denial of the benefits in Arizona.
President Barack Obama circumvented Congress to boost his standing with the crucial Latino voting bloc.
Suziehaystack819 posted at 7:12 am on Thu, Aug 16, 2012.
We have 12.8 million Americans unemployed so what does the leader of the US do?
How about give 800,000 illegal law breakers work permits[wink]
Thank You Jan Brewer
k33j88 posted at 6:15 am on Thu, Aug 16, 2012.
Thank you Governor Brewer for sticking to your guns by not allowing the POTUS to run roughshod over our states rights/sovereignty. These illegal parents, and the chain migration that came along, work for cash using stolen identities. They bring diseases, criminal records, and an entitlement mentality. They offer no loyalty nor do they express a desire to assimilate.. When they get older and can no longer work, social security comes to their rescue. These illegals have no pride as AMERICANS. Foreign flags are proudly displayed at all of their gatherings----including the recent Olympics. They are here as tax users, not taxpayers.he progressives pander to their every needs. This can be referred to as the "balkanization of the southwest". La Raza is right------they will take over without firing a shot. Will the last GOD-FEARING, CONSTITUTIONAL LOVING AMERICAN please shut off the light when leaving. Thank You.
dex posted at 10:13 pm on Wed, Aug 15, 2012.
[smile] u don't pay in you dont get for free ..... americans are tired of paying your bills for free ...... dont like go home!
Leon Ceniceros posted at 9:03 pm on Wed, Aug 15, 2012.
OBAMA ...just gave 80,000 "ILLEGAL ALIENS"....RIGHTS THAT THEY HAVE NOT EARNED OR ARE ENTITLED TO.
We see Sheriff Joe going from business to business arresting .."ILLEGAL ALIENS"..using stolen Social Security Identities and now Obama wants to..."PIMP AWAY AMERICAN CITIZENSHIP"....for the Hispanic Vote.
Diane posted at 8:10 pm on Wed, Aug 15, 2012.
Ya'll like paying for freeloaders while you pay for your kids'educations, healthcare, food, clothing, etc.? ILLEGAL is ILLEGAL no matter how you slice it. It's the PARENT(S) who shoulder the blame and we, the taxpayers, should NOT have to pay for their mistake in the millions of dollars. This is nothing more than a ploy on the part of OWEbama and his evil regime to solicit the Latino votes. NObama, NOway, NOhow ! ! ! And NOpolitano, either ! ! !
MV55 posted at 7:48 pm on Wed, Aug 15, 2012.
You go GOV.!!! Anything you can do to rub the comunity agitators nose in it is good with me!!
IceCat posted at 6:35 pm on Wed, Aug 15, 2012.
Howard Fischer got this story all wrong. This was already the law in Arizona, nothing has change, this was nothing more than grandstanding by our governor.
To all those that posted here, an illegal can get arrested, get send to Florence, demand an immigration hearing and then, given a court date three years in the future. As the illegal is leaving the facility, they are given paperwork that allows them to work here, given a social security number, and are able to get a drivers license.
I still don't understand the people that want to punish kids that were brought here by their parents at a young age, and have no ties to their home country.
Diane posted at 6:26 pm on Wed, Aug 15, 2012.
Right on , Gov ! ! ! A gov with.....errr...guts ! [wink]
237690 posted at 6:17 pm on Wed, Aug 15, 2012.
Great job Jan. Someone has to stand up to obamas poor political decisions. What a disaster obama is. Hes trying to destroy America on purpose and take this country down.
AZ60 posted at 5:56 pm on Wed, Aug 15, 2012.
Curbing the 'influx'?? LOL Too late. AZ is the front door, and it was left open. All we try to do is close it. It has been mass migration. As a nation, we have not faced this. Cost AZ millions, perhaps a billion a year to deal with them. We need to look to problem, all of us together. Mexicans in Tucson taught me the a term that this East Valley website will not allow me to post! rofl in the sixties. LOL I did not know what they meant. Who were these people who's backs were wet, if you get my drift. Mexican families who have lived here for generations don't like the illegals either. But, it is too late. The nation is overrun.
AZ60 posted at 5:48 pm on Wed, Aug 15, 2012.
ICE? still working
whew
AZ not giving drivers licenses to illegals.
What is wrong with that?
STATES RIGHTS
Itellyoueveryting posted at 5:42 pm on Wed, Aug 15, 2012.
Denial of benefits, PLUS--ineligible to vote!
Engaged Voter posted at 4:55 pm on Wed, Aug 15, 2012.
Jugg - Could you explain how this useless political grandstanding will do anything to curb the influx of illegals?
Please include evidence and credible sources, thanks!
Juggernaut8000 posted at 4:43 pm on Wed, Aug 15, 2012.
I'm pleased someone is trying to curb the illegal invasion. Thank you Jan.
Slabside posted at 4:42 pm on Wed, Aug 15, 2012.
Good job Governor Brewer! Someone has to stand up against the terrible decisions the miserable excuse of a president keeps making. Come on November!!!
Engaged Voter posted at 4:32 pm on Wed, Aug 15, 2012.
Another Bi-Polar mood swing for our governor...that's 4 this month!
She keeps going from one extreme (fighting the feds tooth and nail over this issue) to the other extreme (bending over to the feds in regards to MM).
Pick a position and STICK WITH IT!
Oh, and I did the math...taking the governor's salary, the combines salaries of all state legislature members, and divide the total by 365 - that's what they owe us, the taxpayers, for their frivolous "day of prayer".