Jan Brewer's Order Has "Absolutely No Basis Under State or Federal Law," ACLU Says

See also: Jan Brewer to DREAMers: State Laws Bar You From Driver's Licenses

brewer jan debate crop 2.jpg
Oh boy, what I has did now?
Governor Jan Brewer's declaration that participants in the Obama Administration's deferred-action program can't get driver's licenses "has absolutely no basis under state or federal law," according to the head of the ACLU of Arizona.

Brewer's order blocks the immigrants who are granted deferred action from obtaining driver's licenses or any other "taxpayer-funded public benefits."

The ACLU of Arizona is still looking into the legality of various parts of Brewer's order, but the organization's director, Alessandra Soler, tells New Times it's pretty clear that these people can receive driver's licenses -- contrary to the governor's claims.

Brewer correctly states that laws on the books prevent "unlawfully present aliens" from obtaining state identifications. The problem with that, Soler says, is that people granted deferred action will have authorized presence.

"She's treating this category of non-citizens....differently," Soler says.

She explained that other immigrants not in the deferred-action program who have "authorized presence" through other means have previously been able to obtain state IDs. So, more people would get screwed over by what Soler describes as an incorrect interpretation of state and federal laws.

Plus, the people who receive work permits in the deferred action might need IDs for several reasons -- like, ya know, getting to work when public transportation simply isn't an option.

"If [the state is] going to deny licenses, it's going to have a tremendously negative impact on their lives," Soler says.

The ACLU of Arizona is currently considering a lawsuit, she says.

Soler reminded us that Brewer doesn't quite have the best track record when it comes to meddling with federal immigration laws. She's got a point.



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131 comments
StegsNewton
StegsNewton

Once these perps apply for this defferment, it will be much easier to collect back taxes and eventually ship them out.

trueamerican
trueamerican

SO UNEMPLOYMENT RATES RISING AND YOUD RATHER GIVE WORK VISAS TO ILLEGALS INSTEAD OF LOOK OUT FOR OUR CITIZENS, WHAT A GREAT STATE AND COUNTRY. I REALLY THINK ALL THE ILLEGAL ALIENS WHICH ARE MAINLY BORDER JUMPERS FROM MEXICO SHOULD GO BACK TO MEXICO AND FIX THEIR OWN COUNTRY INSTEAD OF TRYING TO TAKE OVER OURS AND TURN IT INTO MEXICO PLUS GET WELFARE AND FREE SCHOOL AND PRETTY MUCH HAVE THE STATE AND TAXPAYERS CARRY THE BURDEN AND THEN WONDER WHY THEY ARENT WANTED

Rexford
Rexford

Okay People Enough Of This Arguing About The Issue Of Drivers Licenses Because Simply Put There Is a Basis For Jan Brewer's Order. Simply Said Illegal Aliens Are Not Permitted To Have Them Just Like Illegal Aliens May Not Visit Friends In Maricopa County Jails. Truthfully Said The Fact Remains That Illegal Aliens On Deferred Status Still Means They Are Still Illegal Aliens.

Cozz
Cozz

Did you really expect anything else from this idiot Brewer.

robert_graham
robert_graham

And if anybody else wants to debate me on this issue, call me at 602-492-9249 or shut up!

JustforAz
JustforAz

AZ still does not follow federal border enforcement law like any other southern state today. Everyone acts clueless. Lawyers seem to be clueless.  Politicians are clueless!!  In fact we should require all politicians with a hard test in all laws!!!  That includes Civil rights, Federal rights, ADA Rights, MVR rights Gay rights, Breastfeeding rights, immigrant rights and even suspect rights.  Otherwise our current politicians are incompetent!!

Visa's are for 3 yrs. Illegal and Visa Farmworkers are suppose to receive Farm Bureau health benefits.  Farm owners are suppose to supply clean living quarters and food for their laborers.  State government was suppose to have a central administrative building with federal caseworkers to oversee the transport of farmworkers to farms and remove farmworkers when their Visa has expired or lawlessness.  After 3yrs. of good behavior and good work, farmworkers were suppose to been given the opportunity to become naturalized citizens of the US after 8yrs of learning English and American laws and good behavior.  Their children are granted dual citizenship in America under 18 yrs. old and over 18 receive their driver's licenses and apply for college. Someone has screwed up America a while ago and figures Americans will never read the federal laws. Brewer screwed up 1070!!!!

 JustArpioFan you need to hit the books and do some studying before looking like a fool.

david_saint01
david_saint01 topcommenter

i called the ACLU today to remind them that AZ law requires everyone over the age of 18 to have an ID. By refusing them, she is forcing them to break the law. I cant fathom how a judge would allow that. Plus, as stated, the law is only for those without Visa's..which these people WILL have. Like it or not, thats the facts. 

ptcgaz
ptcgaz

 @Rexford no it doesn't don't you understand what DEFERRED means?

ComeOutToPlay-ay
ComeOutToPlay-ay

 @Rexford Since those who are granted deferred action and a work permit are no longer considered "illiegal aliens" as you put it, you are incorrect.

 

With a work permit, they can apply for a SSN. With a work permit and an SS card, they can apply for an Arizona driver's license.

 

Brewer's "executive" order was nothing more than political posturing.

 

ihatetheright
ihatetheright

 @JoeArpaioFan

 How about meeting in a dark alley so i can sew your butt to your face. Whoops, to late, looks like somebody already did.

karenpalensl
karenpalensl

 @JustforAz  "JustArpioFan you need to hit the books and do some studying before looking like a fool."

 

FAR too late for that! ROTFLMAO!

 

What do you expect for a $20/day troll anyway? Making sense?

robert_graham
robert_graham

 @JustforAz You seem to be quite illiterate just like everybody else. You make no sense. What you are talking about is pure and simple amnesty and that is not what Obama's backdoor policy is all about.  I'd suggest that you read up on the laws before you rattle off a bunch of nonsense. 

 

Okay I will say it again for all you uneducated liberals who think that everything must be handed to you on a silver platter so listen up!  A drivers license is a privilege not a right.  No state or federal law or the Constitution that mandates a state shall give illegal aliens a drivers license - NOTHING!.  Obama never promised illegal aliens they would get drivers licenses or taxpayer assistance.  His plan was to simply allow illegal aliens to work and nothing more.  The policy does not even lead to a path to citizenship and it is revokable after two years.

 

So again, do I make myself perfectly clear????  Well do I?  Any lawsuit brought against Brewer will be dismissed as frivolous because again, neither Obama's plan promised you a drivers license nor is there any legal right to get one.

 

Illegal aliens should be happy they were granted backdoor amnesty but oh no, they feel like they have the right to have their cake and eat it too.  Bullshit!  This is one that they won't win.

ptcgaz
ptcgaz

 @DOOLEY really? all the "illegals" I have ever met had DLs and Insurance despite being here illegally.

robert_graham
robert_graham

 @david_saint01 You sure top the list of dummies.  There is a difference between a drivers license and an identification card. The law states that everybody over the age of 18 have an ID, not a drivers license.  I'd have no problem with illegals being issued ID cards that are produced in a distinguishing color to indicate that have been granted backdoor amnesty but that's all.

david_saint01
david_saint01 topcommenter

i only called them because they hadnt mentioned anything about that specific issue in the other press releases. Thought it might help is all. 

WhoKnows
WhoKnows

 @david_saint01 Please provide a reference to this law in the ARS.

 

Do people get arrested for walking their dog and leaving their wallet at home?

Do 90 year olds in nursing homes have a state issued ID?

javierbaz
javierbaz

 @ptcgaz Does DEFERRED ACTION also give those people a free house (because they need someplace to live), a free car (because they can't get to work without wheels), free car insurance (because they need to be insured to drive), a free cell phone (because they need to make calls to set up job interviews), free child care (because they must have somebody watch over their babies when they are at work or out looking for a job) ?????????????????????????????  HELL NO SO WHY DO YOU THINK THEY ARE ENTITLED TO A DRIVERS LICENSE? THEY ARE NOT.

robert_graham
robert_graham

 @ptcgaz Deferred action means that they aren't subject to deportation by the government. It does not mean they are no longer illegal aliens.

robert_graham
robert_graham

 @ComeOutToPlay-ay You are wrong.  Actually deferred action is nothing more than a political posturing.  Everything is not being handed to them on a silver platter like you want.  They are still considered illegal aliens. They are not eligible for any path to citizenship. They may not be issued a SSN, they will receive a separate kind of taxpayer number instead for internal purposes only. They are still not eligible under state law to receive a drivers license.  But if they want one maybe they should move to a state such as California that will probably issue them thanks to the goofball governor there.  Do you understand?

robert_graham
robert_graham

 @ihatetheright Well bring it on down punk.  I'd fuck you up if I had the chance and I would keep beating you until you suffer cardiac arrest then I would spit on your dead body.  So you wanna try, call me and lets meet you dumb fuck. (602) 492-2949.

marcy
marcy

 @JoeArpaioFan  @JustforAz We aren't talking about "illegal immigrants" honey.

 

Once it is determined that they are LAWFULLY present in the US it would be unconstitutional for the State of Arizona to discriminate against them and deny them a driver's license.

 

 

david_saint01
david_saint01 topcommenter

 @DOOLEY im white, but not "aryan". And no, the ACLU has a pretty important purpose, protecting our civil rights. I back them 100%, or any organization that does the same.

yourracismsucks
yourracismsucks

 @DOOLEY  @david_saint01dooley i heard that you have been licking sick racist cum droppings off of the mcso showers again. this time they caught it on video. do all sick psychotic racists like you do these things and thank you for not pretending youre not a racist

 

david_saint01
david_saint01 topcommenter

 @WhoKnows they can, yes. Its a misdemeanor...The 90 year olds, not sure of..havent asked any in that situation...likely not as they hardly leave the nursing home i would think..but thats speculation.  However, if you ask a cop he will confirm this. 

ptcgaz
ptcgaz

 @javierbaz what does any of the things you mentioned have to do with getting a driver's license or a state id dumb fuck. that is the problem with you haters you make no sense at all. What an illogical thought process you have. You aren't YPS are you?

david_saint01
david_saint01 topcommenter

 @JoeArpaioFan  I know you are just trolling on here, why is anyones guess...boredom due to being in your parents basement for years? I dont know.  Regardless, if you have something tangible to say please do so. Picking fights however, just shows what little intelligence you have.  In short, grow the fk up, learn about that which you speak of BEFORE you say it, and quit acting tough on the internet. If anything, people take you less seriously when you do that. It doesnt make you a tough guy, it makes you a joke. 

david_saint01
david_saint01 topcommenter

 @ihatetheright lol well that wasnt meant for you genius...have a xanax and a smile, and chill the fk out. 

david_saint01
david_saint01 topcommenter

 @JoeArpaioFan  @ihatetheright you do realize that would cause you to break the law, and be WORSE than an illegal, right? Let me ask you, is it worth it? Or can you act like an adult JUST ONCE....seriously, grow the fuck up man. Your empty internet threats mean jack shit in the real world....and like i said, one day you are going to pick the wrong fight and get your ass handed to you (if you havent already). Free advice. 

ptcgaz
ptcgaz

 @david_saint01 it's funny how pacifists like myself draw tons of challenges to fights by a bunch of idiots , whether it's a cranky old man who thinks going 15-20MPH on a private road up a hill in my new truck is too fast, to all the anonymus pieces of shit that think they are tough on the net. I am a pacifist but if attacked I will defend myself. I don't look for trouble yet people seem to be crazy in AZ. 

david_saint01
david_saint01 topcommenter

 @JoeArpaioFan  @ihatetheright oops, you are an idiot. you dont know me, Ihatetheright, or anyone else you are looking to pick a fight with. Better watch it, before you get the fight you want..only its FAR more than you can handle. Not saying me, i dont fight people over the net like a little girl...just giving you free advice. now, act like an adult and use your big words instead of empty threats. You will get more respect by showing intelligence rather than acting like a little blow hard. night night...

ptcgaz
ptcgaz

 @karenpalensl yeah we are lucky, or else they would use those damn robo-calls to keep sending us phone calls and text messages with idiots trollings. IT would be annoying.

karenpalensl
karenpalensl

 @ptcgaz That is the going rate for halfway literate third world trolls - think person in Nigeria with a 3rd grade education.!

 

What is truly sad is that an AI "chatterbox" (robot) can do just as well for a MUCH lower price!

 

Just as well the politicos have not yet figured this out :-)

ptcgaz
ptcgaz

 @JoeArpaioFan No, you are wrong as are all the other bunch of idiots on-line that constantly are trying to say they are illegals, THEY AREN'T. They are here legally. The US Federal government says they are here legally now. AZ can't enforce US law so as far as this stupid fucking redneck state that I live in can do is give them Driver's licenses. The rest might be illegal too, although I am quite sure that having a driver's license is mandatory for many jobs AND it also makes them able to legally drive on AZ roads and pay their taxes. (IE Gasoline tax, sales tax, social security tax (which they might not get into ) etc)

robert_graham
robert_graham

 @marcy Oh yes they are illegal aliens. They are just given the permit to work for two years and are not given a path to citizenship.  Fact is they are still illegal any way you look at it and besides nobody has a right to a drivers license because a license is a privilege not a right.  But in the end if they are given licenses you can best bet that its color will be bright red or pink or something distinguishable from the rest.

ptcgaz
ptcgaz

 @shadeaux14 lol I see that Dooley did the retard thing where he deletes all his posts before people can answer back. I will use this time to tell him that I have met several illegals and they all had Driver's licenses for AZ and bought insurance for their work trucks. Got a problem with that? They over stayed their work visas so technically they are here illegally but they had valid driver's licenses AND insurance, which is a lot more than SOME US CITIZENS have so STFU.

shadeaux14
shadeaux14

Watch out Drooley, I can see the foam starting to form.

ptcgaz
ptcgaz

 @DOOLEY really now? Is that what you would tell yourself as you were about to be shot in the head execution style? or as you fly over your handlebars cause you were a moron and were about to hit a parked car?

ptcgaz
ptcgaz

 @DOOLEY you are a lying sack of shit and we all know it, so do us a favor and STFU.

ptcgaz
ptcgaz

 @DOOLEY lol a simple phone call can change many many many things douche.

ptcgaz
ptcgaz

 @DOOLEY when has that ever happened? the piggies as you call them have probable cause to arrest idiots with bikes that are too loud, that are carrying crank on them.. 

david_saint01
david_saint01 topcommenter

 @DOOLEY lol i doubt HA ever asked..but if they did and the ACLU turned them down, i would be pretty upset. 

david_saint01
david_saint01 topcommenter

 @JoeArpaioFan the only thing that is worthless here is your brain...because you cant ever seem to use it. Wheels spinnin, hamsters dead...

robert_graham
robert_graham

 @yourracismsucks So now everybody is going to attack Dooley for his intelligent comments I see.  These dumb ass liberal whack jobs just cannot understand reason can they?

DOOLEY
DOOLEY

 @ptcgaz  if I was as bad as you say I would not be able to afford to live at the beach in hawaii and also have a home in arizona. im bi coastal baby.

ptcgaz
ptcgaz

 @DOOLEY just because you have the freedom of speech doesn't mean you should say anything without thinking about it dumb ass. You aren't funny. Chris Rock and  Richard Pryor are (and) were in Pryor's case funny. You aren't. You suck at comedy get a better day job.

ptcgaz
ptcgaz

 @DOOLEY you are a failure of a comic, since nothing you say is ever funny and you sound like an annoying broken record.

ptcgaz
ptcgaz

 @WhoKnows school IDs.. which you can use to get a state ID if you want. 

ptcgaz
ptcgaz

 @JoeArpaioFan I have both, I have a driver's license and a state ID.. your point dumb shit.

WhoKnows
WhoKnows

 @JoeArpaioFan But its NOT the law that you must have one.  Most people NEED photo Id for things, but if you don't have any, it's NOT illegal!

 

What about kids under 16?  What do they carry?

david_saint01
david_saint01 topcommenter

 @JoeArpaioFan lol again, and for the FINAL TIME..I SAID ID NOT LICENSE. There, i used big letters for you. Now read that..class dismissed. 

ptcgaz
ptcgaz

 @JoeArpaioFan you don't have to have ID or you do. I didn't know you had to have ID to ride in a car. Why would you need ID for that. Because the more I am learning the more I think the cop, while nice lied to me.

ptcgaz
ptcgaz

 @david_saint01 lol I was driving to pick up my wallet from someone at the school in BCC who had it. Well actually I left it at my ex's house.. and her mom found it and so I realized I didnt have my wallet. Called the ex and she said her mom had it at the school. a YCSO officer pulled me over and gave me a warning for driving too fast in a school zone. I didn't realize it was 15 so I was going like 25. He told me about it technically being illegal not having ID. He gave me a warning and told me to get my wallet. Basically he was being nice cause I probably could have gotten a ticket and a court date.. but.. Anyways, it might have changed that was back in 04. 

ptcgaz
ptcgaz

 @WhoKnows it wasn't from SB1070, this was from an issue that was raised a few years ago. I am pretty sure that the police were stating that you needed to have ID on you at all times if you weren't on private property that you own. Like I said maybe that has changed, but the police wouldn't like would they? 

 

BTW only reason why it was an issue is I drove a little fast in a school zone and a YCSO pulled me over. I didnt have my wallet with me.. I was actually picking it up from the school where someone I knew worked that had my wallet, but to make a long story short he told me it was technically illegal to be off my own private property without ID.. But he let me go with a warning to slow down. (I was late for work actually but oh well)

robert_graham
robert_graham

 @david_saint01  @marcy David, as long as you are not the driver police will accept an ID card. You are not obligated to get a drivers license if you are not going to drive dumb ass.

david_saint01
david_saint01 topcommenter

 @marcy say you are in a car as a passenger and the car is pulled over...usually they ask for ID from everyone, and if you dont they give you ample amounts of shit for it. Ive had one cop threaten me with that charge, so maybe he was just making it up? As i said, id love to be wrong about this..and if I am, I am. 

david_saint01
david_saint01 topcommenter

 @n7ujj hey if im wrong, im wrong...Maybe it is just a myth, and id love to be wrong quite frankly.  Give me a little time to check it out. 

david_saint01
david_saint01 topcommenter

 @JoeArpaioFan how about kiss my ass. lol simple enough for your small little brain to comprehend? 

marcy
marcy

 @david_saint01 Wrong, stop making stuff up.  It absolutely is NOT illegal to walk down the street without any identification,.

 

You are confusing a law that requires you to identify yourself with a need to have identification papers.  No identification papers are required to legally walk down the sidewalk.

 

 

ptcgaz
ptcgaz

 @Tommy_Collins I have no idea what it was but it seemed to me that it was required if you set foot off your own property which would include public places and also private ones as well, unless it was your own private property. In AZ this gets muddled due to many "public" places having private ownership.. an example would be the malls.. In many other states they belong to the people, not to private individuals.

Tommy_Collins
Tommy_Collins

 @ptcgazCould be. If you can give me cite I may find it. A.R.S. is very difficult to research, but using key words and looking in specific statue does NOT show me anything anyplace where any 'law' requires a person to have identification on his person in a public place

robert_graham
robert_graham

 @WhoKnows Yes, what's the statute?  If it exists does it specifically say that everybody must have a drivers license or does it simply just say ID?  Because not everybody qualifies to hold a drivers license it would only say ID you dumb ass.  

ptcgaz
ptcgaz

 @david_saint01 I have heard of that law as well. It was mentioned before during the BS1070 speculation.

Tommy_Collins
Tommy_Collins

 @david_saint01  @WhoKnowsDavid, I did the leg work. There doesn't seem to be any existing law in A.R.S. as of the 08.02.12 updates that specifies required identification. In fact, I can walk down my street without identification at 0300 hours and if PPD comes up and asks what I'm doing and who I am I will gladly tell him, but I don't have to produce identification. Should the officer have reasonable suspicion he can detain me until the information I've given is validated. If an arrest is made I still don't have to provide identification if I can get someone to make a cash bond... Maybe you can show us something that disproves my theory.

david_saint01
david_saint01 topcommenter

 @WhoKnows look it up yourself if you want to prove me wrong.  lol im not doing the leg work for you..

WhoKnows
WhoKnows

 @david_saint01 Again, so what is the statute?  Give me a reference in ARS.  I think this "must have ID at 18" thing is urban legend and nothing more.  It's NEEDED by the large majority, but it's not a law.

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