A civil rights group is claiming a new memo from immigration officials proves that Jan Brewer is legally wrong in denying driver licenses to individuals in the president's "deferred action'' program.
The document, actually a list of frequently asked questions, said anyone who is approved for the program "is authorized by the Department of Homeland Security to be present in the United States.'' The memo was issued by Friday U.S. Citizenship and Immigration Services.
That language may undermine the order issued by the governor last year in directing that the state not issue licenses those in the program, formally known as "deferred action childhood arrival.''
Brewer is not disputing that the president, in announcing the program last year, is free to decide that his administration will not pursue anyone for deportation. About 1.4 million people nationwide and about 80,000 in Arizona are eligible.
But the governor says a 1996 law specifically requires that anyone given an Arizona driver's license provide proof that his or her presence is "authorized under federal law.'' She said the DACA program does not authorize anyone to be in the United States but simply says they will not be deported, at least for the time being.
Michael Tan, a staff attorney with the American Civil Liberties Union, said the memo undercuts the governor's contention.
"The federal guidance issued (Friday) sends a clear message to the states: These young immigrants, who were brought to the country as children, are authorized to stay here,'' he said.
And Tan noted that those found eligible are given federal papers allowing them to work legally in this country. He said the licenses become a necessary part of ensuring they can drive to school and work.
Brewer, sued last month in federal court by the ACLU and others over her directive, is not accepting either the memo or the ACLU interpretation as proof she is wrong.
"The governor and her legal team are reviewing the guidance provided Friday by DHS and will be determining the proper course of action for the state of Arizona as it pertains to the issuance of driver's licenses for DACA recipients,'' said gubernatorial press aide Matthew Benson.
Brewer has admitted the state has given licenses to others who have been granted deferred action on an individual basis. But her attorneys said those deferrals were specifically authorized by law; the DACA program was done by executive fiat.
But that difference may be one without distinction, at least to federal officials.
Homeland Security spokesman Peter Boogaard said his agency will not comment directly on issues of state law like driver licenses. But he said the relief given to individuals under DACA "is identical for immigration purposes to the relief obtained by any person who receives deferred action.''
The ACLU says Arizona is one of four states that have specifically denied licenses to those in the program, the others being Michigan, Nebraska and Iowa. A lawsuit similar to the one filed in Phoenix against Brewer is pending in Michigan.
generlak posted at 3:40 pm on Sat, Jan 19, 2013.
Sorry states right trump federal laws that's how the constitution is written .The same as if Obama signs any executive order about gun laws hes broken the 2nd amendment is libel to arrested as a traitor to the constitutions he sworn to uphold.
generlak posted at 3:40 pm on Sat, Jan 19, 2013.
[beam]
Concerned N AZ posted at 4:18 pm on Sat, Jan 19, 2013.
DACA program does not authorize anyone to be in the United States but simply says they will not be deported.
So the feds give the "choice:" to the states, but the states get sued if they make the wrong choice??
so much for "choice". All this memo the the prez has "dreamed up" is... we have laws, but for you , we will look the other way for 2 years. you are still an ILLEGAL ALIEN, but for now just relax and get comfy . Wow, the rules can change with the wind.
samkat posted at 4:37 pm on Sat, Jan 19, 2013.
So what will Obama do next? Will he set up welcoming stations on our southern border to issue green cards and welfare benefits as they cross over the border? He obviously is not interested in enforcing our immigration laws.
az2008 posted at 1:35 am on Sun, Jan 20, 2013.
Interesting how the President is using his executive power to defer prosecution, and they're trying to morph this into the equivalent of a *visa*. Visas are defined by law and to create a new visa for illegal immigrants would require legislative action.
AZ's law was written with the assumption that "legally present" means "holding a valid visa." If pro-illegal groups push this topic too far, it could easily lead to a court ruling that the President exceeded his authority by creating a visa by refusing to uphold the law.
That's basically what pro-illegals are saying. It's one thing for the President to choose not to enforce immigration law. But, it's another thing to say that the result of this is some sort of "legal status."
Hear Me Now posted at 5:46 am on Sun, Jan 20, 2013.
A driver's license is a privilege, not a right. If Arizona does not believe in issuing driver's licenses to persons who have committed certain illegal acts, this is within the states power to do so. Illegals have no right to a driver's license. Go home and get one.
Arizona Willie posted at 9:03 am on Sun, Jan 20, 2013.
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Deddzone posted at 3:09 pm on Sun, Jan 20, 2013.
I suspect Republicans are going to be back-peddling on this issue very soon. They were thumped in the last election and their current voters are old as dirt. I imagine that is why Brewer was pretty mild on in State of State address on immigration---they need some votes from the Latinos---FAST!
samkat posted at 5:54 pm on Sun, Jan 20, 2013.
Ded: I guess that means everyone who opposes illegal immigration will be back peddling but I don't think it will happen. Its too bad those "Latinos" do not consider themselves to be Americans first and Latino second.
Deddzone posted at 6:02 pm on Sun, Jan 20, 2013.
Samkat, same thing was said about the Irish, Polish, German etc immigrants. It did not stick then and it will not now. Those who don't bother to read history, always repeat it.
The GOP of AZ made the mistake of labeling all Latinos "illegal" till proven otherwise. Now they won't vote for them....Funny how that works, huh?
Leon Ceniceros posted at 6:51 pm on Sun, Jan 20, 2013.
A "memo" is not a "Law".
The Arizona Law "28-3153 D, Driver's License issuance; prohibitions clearly states...."Not withstanding any other law the department shall not issue to or renew a driver's license or non-operating identification license for a person who does not submit proof satisfactory to the department that the applicant's presence in the United States is authorized under Federal Law."
Federal Law (US Code, Title 8, Chapter 12, sub-chapter II, Part VIII, Section 1325, "Improper Entry by Alien" clearly states that these Aliens are not "authorized by Law".
Arizona Law also requires that males 18 years of age to 25 years of age be registered with the Selective Service Board to obtain a driver's license (ex-Governor Janet Napolitano signed this Law on July1, 2003).