ACLU: Feds Clarify Deferred Action Recipients Should Be Able to Get Driver's Licenses

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The American Civil Liberties Union says the federal government has confirmed what ACLU officials have been saying all along -- participants in the Obama Administration's deferred-action program should be allowed to apply for driver's licenses.

That's not exactly what U.S. Citizenship and Immigration Services is saying, but the ACLU's claim does make sense.

See also:
-Jan Brewer's Order to Deny Driver's Licenses Earns Her a Lawsuit
-Jan Brewer to DREAMers: State Laws Bar You from Drivers Licenses
-Jan Brewer's Order Has "Absolutely No Basis Under State or Federal Law," ACLU Says

In November, the ACLU and other organizations filed a lawsuit against Governor Jan Brewer's executive order, which blocks the immigrants who are granted deferred action from obtaining driver's licenses or any other "taxpayer-funded public benefits."

"As stated by Defendant Brewer, the Executive Order makes clear that there will be 'no drivers licenses for illegal people,' and in her opinion, '[t]he Obama amnesty plan doesn't make them [legal] here,'" the lawsuit states. "Defendant Brewer's Executive Order reflects her apparent disagreement with the federal government's decision to allow young immigrants who qualify under the DACA program to remain in the United States."

Now, the ACLU says immigration officials have confirmed that the people in the program are "authorized to stay and lawfully present in the country" -- not "illegal people."

In Brewer's order, she states that the people in the deferred-action program do not have "any lawful or authorized status and does not entitle them to any additional public benefit," which includes driver's licenses.

The ACLU is pointing to a guide on the USCIS website, which gets into terminology related to immigration law, but seems to contradict Brewer's order.

"An individual who has received deferred action is authorized by the Department of Homeland Security (DHS) to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect," the website says. "However, deferred action does not confer lawful status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence."

This is a point the ACLU has been arguing all along, as the lawsuit claims that Brewer's order essentially declares that people who are granted "authorized" presence are actually "unauthorized."

We sent an e-mail to Brewer's spokesman to get a response, and we'll update this post if anything comes back.


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85 comments
sarum
sarum

Tired of all these uninsured drivers hitting people accidentally on purpose.  

robert_graham
robert_graham

They can't vote so why should they be entitled to a drivers license?

robert_graham
robert_graham

Another yellow journalism article as usual.  There is no federal, state or any law that says that those people must get drivers licences.  If Obama meant for his Dreamer's to get licences he would have included that provision in his Dream Act but he did not. He has already said that the decision is left up to individual states. How many times must I make this perfectly clear? Arizona denying licences is not racial because it is all about all Dreamers, not just Hispanics.  But I'm sure you want an exception made for Hispanics, right? Ain't gonna happen.  Any lawsuits will be founght with tooth and nail and donations in the millions will pour in to support Arizona just like they did with SB1070. The ACLU will lose and so will the Dreamers. Do you complende puto?

Loyalist
Loyalist

International treaty trumps all of this.  You are supposed to have an international drivers permit, attached to your license, to drive here.  That's what we have to do when we go to other countries for any extended period of time. 1968 Vienna Convention on Roads. Anyone driving here who doesn't have a license from their home county should go back and get one, and an IDP.  That's the INTERNATIONAL TREATY we signed on to. You would think the ACLU would know that. I guess not.

Jeff Mahigian
Jeff Mahigian

Jan gets bitch slapped by a higher authority again. Love it.

Mo Sberg
Mo Sberg

Funny how the NT pretends to be for social justice, but just moments ago they post an ad for snowbowl.

David Verduzco Abril
David Verduzco Abril

mainly Elections office.....investigate it.....they are appointed by someone ..even when they lose Election...bent to favor who they want in office .vote did not be counted of real winners,

David Verduzco Abril
David Verduzco Abril

time to impeach her and JOE ARPIO and a investigation in to Arizona`s Elections Office... fraud , corruption , vote and ballots... there is something ..call feds in.....

PissOnArpaio
PissOnArpaio

Seriously folks...JAF (Joe Arpaio Fan) needs to be continually reported to the authorities.

The sick fool appears to be very mentally unstable with his continued threats of violence and wanting to kill people.


JAF is an internet stalker and time & time again they have proven to be mentally unstable and turned to violence to hurt innocent people to make their point. Internet stalking is a crime.


We need to start forwarding his post to the FBI for investigation before he hurts himself or others. Its for his own good and the innocent lives that could be saved.

E-mail: phoenix@ic.fbi.gov

danzigsdaddy
danzigsdaddy topcommenter

so much for the old "you scratch my back, i'll scratch yours" approach. Ginny Jan was nice enough to endorse Obama at the RNC, the least he could have done was back her on this

danzigsdaddy
danzigsdaddy topcommenter

looks like the pickled pig herself "the Sea-Hag" got overruled on her stand of the Dream act people. old Ginny Jan got shot down YET AGAIN. 

robert_graham
robert_graham

By the way have you seen the news concerning the Dream Act? It is being challenged and will ultimately be repealed because it was not approved by Congress. Obama did not have the right to bypass Congress. Soon the Dream Act will only be a dream.

todddemodd
todddemodd

Well now that jsut makes a ll kinds of crazy sense dude.


www.NewzAnon.tk

saum
saum

Who cares what  ACLU  thinks or says?


A Clump Of Losers United    ACLUA Commie Liberal Union    ACLUAberrant, Calculating, Litigious, Underbred    ACLUAll Communist Loonies United    ACLUAll Communists Love Us    ACLUAll Crazy Liberals United    ACLUAll Criminals Love Us    ACLUAllow Criminals Loose Unpunished    ACLUAmerican Communist Lawyers Union

American Communists And Liberals United    ACLUAmerican Criminal Liberties Union    ACLUAmericans Cannot Learn Unity    ACLUAnti Christ Lovers Unlimited    ACLUAnti Christian League of Upchucks    ACLUAnti Christian Liberal Union    ACLUAnti Christian License Union    ACLUAnti-Christ Leftist Union    ACLUAnti-Christ Liberties Union    ACLUAnti-Christian Lawyers Union    ACLUAnti-Christian Liberals Union    ACLUAnti-Christian Liberty Union    ACLUAnti-Christian Litigation Unit    ACLUAnti-Christian Lovers Union    ACLUAnti-Christians Liberation Union    ACLUAnti-Conservative Liberal Union    ACLUAnti-Constitution Liars Union    ACLUAnything Christian Looks Unlawful    ACLUArab Countries Lie Universally    ACLUAssociation for Coarsening Life Utterly    ACLUAtheist Communists Liberating Ungodliness    ACLUAtheists Controlled Liberal Union    ACLUAtheists, Communists, And Liberals United


comrade
comrade

One more time the drunkard cockroach is going to be crushed, she'll never learn....well at least She was right when She endorsed Mr Obama for a second term at the Repugnants Convention. As I said before: She is uglier than a fight with knives in a dark alley at midnight, while drunk and blindfolded.

robert_graham
robert_graham

You activists will stop at nothing won't you. Obama never said that Dreamers should get drivers licences. If he had he would have given them licences as part of his misguided plan. Obama clearly said the decision is left up to the individual states. And in Arizona it will never happen regardless of lawsuits or protests.  I will presonally see to that. I will be putting up a web site real soon about it.  Most Americans oppose drivers licences for illegal aliens and for very good reason.

4StateRights
4StateRights

It does not matter what DHS and Nap say, there is no federal law that says a state has to issue a driver license.  Doesn't DHS have some movie piracy to go take care of since they are not securing our homeland anyway? #JustSaying

gtothep82
gtothep82

@JoeArpaioFanWhether you are a citizen has nothing to do with this because not your citizenship but your residence status is what determines your benefits and all that other stuff. For example, permanent residents (green card holders) are entitled to work, have a drivers license, own a house, and also to serve in the US armed forces but are not allowed to vote.

WhoKnows
WhoKnows topcommenter

@Loyalist The laws are different in the US.  Per AZ law, a federal work permit is all that's needed to get an AZ DL.  Check the ADOT website.

robert_graham
robert_graham

@Jeff Mahigian No, you are going to get bitch slapped because there will be no drivers licences.  There is no federal law that says they must be issued licences.

david_saint01
david_saint01 topcommenter

@JoeArpaioFan lol we can only dream you grow the fuck up and get a life...but we wont hold our breath

david_saint01
david_saint01 topcommenter

@saum i see you are a communist or fascist yourself...why else would anyone bash an organization thats sole purpose is to stand up for civil rights...

Bnbk
Bnbk

@saum Forgot to add the R in your screen name did ya ?

Bnbk
Bnbk

@saum Forgot the R in your screen name did you ?

robert_graham
robert_graham

@saum Well said and I can tell you that the ACLU has no case. No lawsuit of theirs will ever give drivers licences to Dream Act receipients in Arizona.  It is a battle they will not win.  Obama clearly said that the decision whether to issue drivers licences to them is left up to each individual state. Arizona is not the only state that has said no.  And each state can say no.  Next, Dreamer's will want free cell phones, housing, money for drugs and their loser relatives across the border. Ain't gonna happen and I'll see to it.  Like I said this is a battle they are going to lose... guaranteed.

WhoKnows
WhoKnows topcommenter

@saum The ACLU has defended both the NRA and Rush Limbaugh in court in the past!

bobunf
bobunf

@JoeArpaioFan All part of Arpaio's Internet Disinformation Program.  I don't think taxpayers will be thrilled to find that they are paying you to post trolls on the internet; all day every day.

comrade
comrade

Jaffy, you are the most deluded cocksucker ever known;"I will personally see to that" Who the fuck do you think you are, you should just keep on changing the corrupt POS shurf depends since that's all you are good at ....oh I forgot about the gunk you have to scrape off his balls so he can put it on his greasy hair

BTW. the Dreamers are going to get Driver Licenses very soon, I personally see to it. And I got your IP address, and that account seems to belong to the MCSO. fucking balls licker moron.

robert_graham
robert_graham

@4StateRights Exactly! There is no federal law or requirement that says states have to issue drivers licences to anybody. A drivers licence is a privilege and not a right.

marcy
marcy

@4StateRights 

The 14th Amendment.

You can find it in the US Constitution if you ever bother to read it.  What is with you tea baggers and your hatred for the Constitution?

WhoKnows
WhoKnows topcommenter

@4StateRights Actually there is.  In AZ, by law, a federal work permit is all that is needed to get an AZ DL.  Check the ADOT website!

david_saint01
david_saint01 topcommenter

@JoeArpaioFan lmao you are such a punk ass coward..youre the type of pussy that would do a hit and run...youd sucker punch someone, then run for your life. 

sarum
sarum

@Bnbk yes i was using the half dead 'puter . . . do you have it in your heart to forgive me?

david_saint01
david_saint01 topcommenter

@JoeArpaioFan lol im sure you know so much about the jurisprudence regarding the issue. dude, you're so dumb you make crack head hillbillies look like Einstein. 

sarum
sarum

@WhoKnows @saum Rush is corporate troll.    If you want to get angry - or throw-up, listen to Rush.

robert_graham
robert_graham

@bobunf I am not paid to post here nor do I work for MCSO or any law enforcement agency. You seem to be quite misinformed.

robert_graham
robert_graham

No, Dreamers will not be getting drivers licenses. You are sadly mistaken if you think they will.  You can call me a deluded cocksucker all you want but it is you who is the deluded cocksucker. You don't like anybody who does not see things your way. You support lawbreakers and think lawbreakers deserve rights and that everybody who opposes lawbreakers are sons of bitches. Well too bad!  Arizona law is clear that illegal aliens shall not get drivers licences and Dreamers are still illegal aliens being that they have no path to citizenship. There is no reason why they cannot go back to their home country and get the necessary paperwork to come back here legally. All Dreamers could have done that a long time ago as soon as they found out they are here illegally. But they choose not to do that and think they deserve everything handed to them on a silver platter. In case you do not know it, a drivers licence is a privilege not a right. And by you saying that you have my IP address that seems to belong to MCSO really proves that you are an oxymoron buttwipe because my IP address has nothing to do with MCSO. This just shows that you know nothing about what you are talking about.

WhoKnows
WhoKnows topcommenter

@JoeArpaioFan @4StateRights But there IS an AZ STATE LAW, that says a federal work permit allows someone to get an AZ DL!  Check the ADOT website!

4StateRights
4StateRights

@marcy Nice try.  The 14th Amendment does not protect illegal immigrants/aliens.  Our Constitution and Bill of Rights are for US Citizens ONLY.

By the way I do not respect the Tea, Republican, or Democratic parties although that does not mean I hate the followers of those parties - I only wish they would see the light to what is really going on.  I am pro-consitution and pro Bill of Rights, people in this country who do not respect those documents do not belong here.

robert_graham
robert_graham

@WhoKnows @4StateRights But AZ law clearly says that illegal aliens may not get drivers licences and Dreamers are still illegal alaiens. Only difference is they cannot be deported, at least not right now.  

RobAZ
RobAZ

@WhoKnows @4StateRights Now, now WK...don't go confusing them with all these facts.  We all know that until Sean or Rush say it's so that it isn't true.

WhoKnows
WhoKnows topcommenter

@ladyrideraz_1958 @JoeArpaioFan So Obama has a bat phone he can use to call any judge in the US and say "do this, not that"?  Do you also believe that he was born on Saturn?

WhoKnows
WhoKnows topcommenter

@4StateRights I proved you wrong.  You just are too lost to understand it!

If you want to "defend the Constitution , you should at least understand it!  And YOU don't!

4StateRights
4StateRights

@WhoKnowsI knew you would not be able to prove it and resort to name calling and character assassination instead. My family has fought for this country for generations because we believe in the Constitution and Bill of Rights.  We have taken oaths to defend these documents and protect our nation that people such as yourself try to twist and degrade through misinformation and ill will because you do not respect or understand what our country stands for.  The Constitution of the United States of America is the supreme law of the United States. Empowered with the sovereign authority of the people by the framers and the consent of the legislatures of the states, it is the source of all government powers, and also provides important limitations on the government that protect the fundamental rights of United States citizens.  If you do not like that you are free to leave and go to a communist or socialist country that you so desire.

WhoKnows
WhoKnows topcommenter

@4StateRights You have NO understanding of the Constitution.  Where did you get your law degree   An online school in Russia?

You have CLEARLY never read the Constitution yourself!  You will be proven wrong if you simply READ IT!

So, "illegal search"  applies to the government and not people?????  Same with "freedom of speach"???


I bet you are that idiot Jaffy with a new login.

4StateRights
4StateRights

@WhoKnows Nice try.  Non-citizens rights are not protected by the Constitution or Bill of Rights- In fact the Constitution applies to the government, not citizens or people, but your ignorance does not surprise me.  Prove your stance. Best of luck. 

WhoKnows
WhoKnows topcommenter

@4StateRights @WhoKnows You double post and call me a moron?  I'm LAUGHING!

The CONSTITUTION APPLIES TO EVERYONE ON US SOIL.  The part you quoted defines a "citizen", but there are MANY people in the US with a visa, green card, etc, and they are covered by the Constitution, and NOT citizens!  Even illegals have lots of rights in the US.  They can't run for office or vote, but much of it applies to them! Did you FLUNK 5th grade government?

4StateRights
4StateRights

@WhoKnowsActually, you are a moron.  The Fourteenth Amendment specifically states "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."  Therefore, your assertion only means that you are SOOOOOO lost and never paid attention in school and don't even understand the documents that this country was founded on. 

By the way, naturalized citizens also take the following oath:
I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God

4StateRights
4StateRights

@WhoKnows Actually, you are a moron.  The Fourteenth Amendment specifically states "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."  Therefore, your assertion only means that you are SOOOOOO lost and never paid attention in school and don't even understand the documents that this country was founded on. 

By the way, naturalized citizens also take the following oath "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God."

WhoKnows
WhoKnows topcommenter

@4StateRights Actually, the US Constitution applies to EVERYONE on US Soil.  Seems you don't know much about the Constitution.


You are SOOOOO lost!

WhoKnows
WhoKnows topcommenter

@JoeArpaioFan @WhoKnows @4StateRights   Jaffy.  When your hero busts illegals, if they request a hearing before being deported, that can take 3-4 years.  During that time they are given a work permit, and can get a AZ DL.  That is the law, and has happened 30-40k times.  Call your hero and cry!

robert_graham
robert_graham

@RobAZ Nope, no federal or state law to give Dreamers licences, none at all. Just because they are exempt from deportation doesn't automatically make them eligible for a drivers licence. By the way though, the Dream Act is being challenged and will ultimately be repealed simply because it was not approved by Congress. Obama did not have the right to bypass Congress.

ladyrideraz_1958
ladyrideraz_1958

@WhoKnows @ladyrideraz_1958 @robert_graham You been living under a fucking rock or what asshole?  Arizona is on his radar.  He needed to stay the fuck out of Arizona's laws and Arizona wouldn't have needed to enforce their own if Obozo would enforce the federal ones already on the books.  But nooooo he wants to give all of these good law abiding POS's ILLEGALS a free pass.  How many have been deported that came here in those buses recently?  40 at last count 

Stop being stupid and wake up

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