Jan Brewer Still Undecided on Her Order Denying Driver's Licenses for DREAMers

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Governor Jan Brewer
One week after the ACLU declared that federal officials had essentially contradicted Governor Jan Brewer's executive order preventing deferred action beneficiaries from getting driver's licenses, the governor hasn't decided how to respond.

Brewer's August order says that participants in the Deferred Action for Childhood Arrivals (DACA) program do not have "any lawful or authorized status and does not entitle them to any additional public benefit," which includes driver's licenses.

See also:
-Raul Grijalva's Words for Jan Brewer Over Executive Order on Driver's Licenses
-Jan Brewer "Kinder, Gentler" on Immigration? Republic Dons Kneepads for Governor
-Jan Brewer's Order Denying Driver's Licenses for DREAMers Challenged by Bill
-ACLU: Feds Clarify Deferred Action Recipients Should Be Able to Get Driver's Licenses
-Jan Brewer's Order to Deny Driver's Licenses Earns Her a Lawsuit

Last Friday, the ACLU pointed to an updated guide on the U.S. Citizenship and Immigration Services website, which gets into terminology related to immigration law, but seems to contradict Brewer's order.

New Times didn't get a response from the governor's office last week, but other media outlets have reported in the last week that there was no response to give.

"I know she would like to resolve this issue as quickly as possible but also needs time," Brewer spokesman Matt Benson told the Los Angeles Times yesterday.

Benson tells New Times today that there's no update on the situation.

It's not clear whether the ACLU -- which is involved in a lawsuit against Brewer over this very order -- is correct on its interpretation, but it does at least bring up what seems to be a good point.

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.

According to the USCIS website:

"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. 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."

Mind you, Arizona's among only a few states that have pulled a similar move, by denying these people driver's licenses, but the fact that Brewer's office is actually considering it could mean that a change is coming -- or not.


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34 comments
robert_graham
robert_graham

READ MY COMMENT BELOW. ALL YOU IDIOTS HAD BETTER SHUT UP ABOUT A RIGHT TO A DRIVERS LICENSE BECAUSE IT AIN'T GONNA HAPPEN!!!!!!

robert_graham
robert_graham

"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. However, deferred action does not confer lawful status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence." 

says nothing about a drivers license!!!!!!!!!  Actually what it refers to is not being able to be issued a license because it says "deferred action does not confer lawful status upon an individual..." which means, you guessed it, deferred action receipients are still illegal aliens!!!! And Arizona law that refers to persons lawfully present here can get licenses means people here with green cards because green cards are a permit to be lawfully present.

robert_graham
robert_graham

There will be no drivers for DREAMER's... period!  DREAMER's who want a license should go back to their country of origin to get a green card then come back.  A lawsuit is in the works that would prevent Brewer from changing her mind.  There will never and I repeat NEVER be drivers licenses for any illegal aliens.  And DREAMER's are still illegal aliens.  A work permit is not a citizenship permit.  Do I make myself perfectly clear?

papahutch2000
papahutch2000

Unless one lives in a very small town in AZ, where one can walk or ride a bike, one, especially a young person, simply cannot hold down a job or go to school, i.e. engage in lawful productive activity.  She and her criminal godfather pearce are shills for the CCA [private prison]  industry and this is another handy way to help keep the prison population filled.  Do some research.  They want a 90% full capacity.  And they know how to get it.

cassityg32
cassityg32

I'm assuming she's using this "undecided" excuse as a reason to put off eating her words and having to reverse her no license order as long as possible. If she knew she was 100% in the right she wouldn't hesitate to dash in front of those cameras & run her mouth about how she intends to stand by her idiotic decision. Just get it over with Jan, like a bandage, quick & ALMOST painless.

danzigsdaddy
danzigsdaddy topcommenter

yet  again "the Pickled Pig"  who demands everyone follow the letter of the law, is trying to redefine that letter as she goes along. it says they are here legally (albeit a  temporary status that could be revoked, it is still being here with permission). it is giving them the same temporary permission to be here the same as any visiting foreigners, and even visiting foreigners are allowed to drive here. if she is denying them that right, she is pretty much saying that unless you are a Arizona resident you can not drive in Arizona. if thats her belief and what she wants to do...she will be trying to kill all tourism in Arizona. 

DPSnAZ
DPSnAZ

This dimwit has certainly did enough for the State of Arizona! Well, one more thing she could do to add to the exceptional reputation of this State is to sign into law this Steve Smith "bill", making Federal Gun Laws unenforceable!

Tommy_Collins
Tommy_Collins

I can only guess she is waiting for direction from the disgraced former state senate president, who is busy looking for gainful employment. Apparently he wanted a really good job in landscaping but all those jobs have been taken. 

So, Mrs. Brewer, bless her pea picking head, simply doesn't know what to say about what she has did or is about to have done did, along the way, much less ahead where she can't see no way anyhow.



eric.nelson745
eric.nelson745 topcommenter

OK, ACLU, it's time to go full-court press in Federal Court against the wrinkle-faced old broad.

WhoKnows
WhoKnows topcommenter

She doesn't have a choice, but to admit she was wrong.  The AZ laws (as seen on the ADOT website) say that a federal work permit is enough proof to qualify for an AZ driver's license.


And AZ has issued something like 40K licences to people, with "deferred actions" that have a federal work permit.  Like folks Joke busts on his "non raid" raids, that request an immigration hearing, which can take 3 years!

cassityg32
cassityg32

@JoeArpaioFan actually, you had better research that a bit deeper than just repeating what THIS ARTICLE STATES. You acknowledge that it states " However, deferred action does not confer lawful status upon an individual, nor does it excuse any previous or subsequent periods of unlawful presence." Do you know what that means? Apparently not. Here, ill help ya:

**USCIS made another announcement about the “legal status” of those approved for DACA, which should aid the process of obtaining driver’s licenses. In “Frequently Asked Questions” about DACA, USCIS stated:

The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. However, although deferred action does not confer a lawful immigration status, your period of stay is authorized by the Department of Homeland Security while your deferred action is in effect and, for admissibility purposes, you are considered to be lawfully present in the United States during that time.

http://americasvoiceonline.org/blog/uscis-approves-154000-daca-applications-defines-legal-status-that-allows-drivers-licenses/

**New - Q6: If my case is deferred, am I in lawful status for the period of deferral?

A6: No. Although action on your case has been deferred and you do not accrue unlawful presence (for admissibility purposes) during the period of deferred action, deferred action does not confer any lawful status.

The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. However, although deferred action does not confer a lawful immigration status, your period of stay is authorized by the Department of Homeland Security while your deferred action is in effect and, for admissibility purposes, you are considered to be lawfully present in the United States during that time.

http://denverlawshark.com/a-grant-of-deferred-action-is-lawful-presence

RESEARCH means to look up the definitions & facts not just repeat the article in question IDIOT

cassityg32
cassityg32

@JoeArpaioFan just to be sure you understood me:

>, USCIS made another announcement about the “legal status” of those approved for DACA, which should aid the process of obtaining driver’s licenses. In “Frequently Asked Questions” about DACA, USCIS stated:

The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. However, although deferred action does not confer a lawful immigration status, your period of stay is authorized by the Department of Homeland Security while your deferred action is in effect and, for admissibility purposes, you are considered to be lawfully present in the United States during that time.

http://americasvoiceonline.org/blog/uscis-approves-154000-daca-applications-defines-legal-status-that-allows-drivers-licenses/

>New - Q6: If my case is deferred, am I in lawful status for the period of deferral?

A6: No. Although action on your case has been deferred and you do not accrue unlawful presence (for admissibility purposes) during the period of deferred action, deferred action does not confer any lawful status.

The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. However, although deferred action does not confer a lawful immigration status, your period of stay is authorized by the Department of Homeland Security while your deferred action is in effect and, for admissibility purposes, you are considered to be lawfully present in the United States during that time.

http://denverlawshark.com/a-grant-of-deferred-action-is-lawful-presence

gerry_c
gerry_c

@JoeArpaioFan ........ No. Not clear at all. But you did bring clarity about yourself.

robert_graham
robert_graham

@papahutch2000 Aah poor baby do you expect me to feel sympathy for you? I don't!  Illegal is illegal... period so shut up!

robert_graham
robert_graham

@danzigsdaddy Actually her decision to not give drivers licenses has boosted tourism.  Truth is illegal aliens tarnish tourism you jerk.  Drivers licenses for illegal aliens will not happen in Arizona... period.

MaskedMagician1967
MaskedMagician1967 topcommenter

@danzigsdaddy

This is Arizona Republican politics. Pander to the hate-mongers and nativists in an effort to remain politically relevant.

It won't work though. Tuskers are gonna have to cave to the president, especially on immigration.

MaskedMagician1967
MaskedMagician1967 topcommenter

@DPSnAZ

That'll earn Arizona another lawsuit from the Justice Department.

Article VI Section II to the U.S. Constitution makes this clear.

robert_graham
robert_graham

@eric.nelson745 Let me make it perfectly clear. The ACLU does not have a case. The answer is NO, Arizona does not have to issue drivers licenses to DREAMERs because the law does not allow illegal aliens to have licenses. And they won't get them regardless of any lawsuits.

What part about that don't you understand?

Are you really that dumb?  The fact is that DREAMERs are still illegal aliens. Their work permit given to them by Obama is NOT citizenship, nor is it a right to get a drivers license or the right to vote. It only exempts them from deportation. They are still illegal aliens! And in Arizona the law is clear that illegal aliens cannot get drivers licenses.

So again, what part about that don't you understand??  You are an oxymoron just like the rest.

robert_graham
robert_graham

@eric.nelson745 The ACLU and other challengers can sue all they want but any lawsuit to give DREAMER's licenses will not prevail.  Arizona has every right to deny drivers licenses to DREAMERs simply because they are still illegal aliens. A work permit is not a citizenship permit. Just because Obama gave them the right to stay and work here does not mean they have the right to a drivers license. To show you how stupid, uninformed and clueless the ACLU is, it wouldn't surprised if next they sue to give illegals the right to vote.    

robert_graham
robert_graham

@WhoKnows That only applies to people here that are not illegal aliens. If those DREAMERs would go get a green card then they can have a drivers license. There is a difference.

robert_graham
robert_graham

@gerry_c I'll say it again that DREAMERs will not, AND I REPEAT WILL NOT, get Arizona drivers licenses... period!  A drivers license is a privilege and not a right. And DREAMERs have not earned that privilege simply because once they learned they are here illegally they could have easily returned to their home countries to get a green card instead of defying our laws to remain here illegally.

cassityg32
cassityg32

@JoeArpaioFan @danzigsdaddy Quite the contrary.  Since her GED decision Az has lost quite a lot of money.

While it is unclear how much money the anti-immigration law has cost the state since it was enacted in 2010, a report from that year by the Center for American Progress found that Arizona lost $141 million in tourism revenue because of economic boycotts protesting the anti-immigration law, which was passed in 2010.

http://www.huffingtonpost.com/2013/01/02/arizona-immigration-law_n_2397547.html

yelp.kae
yelp.kae

@MaskedMagician1967 
This is because less than half the population is registered to vote. And how many of them actually turn out to the polls?

robert_graham
robert_graham

@MaskedMagician1967 The U.S. Constitution does not address the issue about drivers licenses. Any lawsuits will be meritless. Those who want licenses should move to say, California, because they have voluntarily chose to issue them. It too is being challenged but for now they are being issued. Arizona doesn't have to issue them and Obama has even said that.

eric.nelson745
eric.nelson745 topcommenter

@JoeArpaioFan Seriously, if O and GED Jan were to go head to head on this issue,  who do you think would win?

cassityg32
cassityg32

@JoeArpaioFan blah blah blah prove it Joe

cassityg32
cassityg32

@JoeArpaioFan @cassityg32 @danzigsdaddy your a moron. If u had any substantial argument you would provide me and those you are trying so hard to prove your point to with some sort of legal site etc....to back up your mouth. You look like a child using "I DO TOO HAVE PROOF!!!" As your argument & petty name calling the angrier you get. I just sit back & laugh at your ignorance as I'm sure others who are reading this are doing as well. But if you are right, by all means PROVE ME WRONG.

cassityg32
cassityg32

@JoeArpaioFan @cassityg32 @danzigsdaddy give me one reference to back up your statement....I doubt you can provide such references because there is none. Although I did show you my proof that clearly shows you are completely wrong.

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