Jan Brewer's Anti-DACA Driver's License Policy Remains in Effect for Now

Categories: News

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André Karwath
A federal appeals court last month ordered a temporarily end to Arizona's rules that prevent participants in the Obama Administration's Deferred Action for Childhood Arrivals (DACA) program from receiving driver's licenses, but that ban didn't take effect.

The state then asked that the Ninth Circuit Court of Appeals review its decision to enjoin Governor Jan Brewer's executive order denying the issuance of licenses to these young immigrants, so what was a major victory for DACA recipients in Arizona was put on hold.

"It's just shameful that the state is continuing to spend money defending this indefensible policy," ACLU of Arizona executive director Alessandra Soler tells New Times. "We've had a decision now by a lower court and an appellate court that the policy is discriminatory."

See also:
-Brewer's Order to Deny Driver's Licenses for DACA Recipients Earns Her a Lawsuit

In early July, the Ninth Circuit ordered a preliminary injunction against the Brewer policy, which would have put a halt on it while the court case goes on. The three-judge panel found that the plaintiffs -- five DACA recipients in Arizona -- are "likely to suffer irreparable harm" unless the policy was enjoined.

Two years ago today, Brewer created the executive order over her apparent disagreement with the Obama Administration's DACA program, explaining that her move was to prevent "illegal people" from getting driver's licenses. However, her ban didn't include other non-citizens who have been allowed to get Arizona driver's licenses for years. After it became clear that the policy discriminated against a certain group of immigrants, Brewer's administration then revised the policy by extending the ban to more non-citizens, although they'd previously been able to obtain a license without any such trouble from Brewer.

Attorneys for the ACLU, Mexican American Legal Defense and Educational Fund, and the National Immigration Law Center sought for the temporary ban on Brewer's policy, arguing that young immigrants in Arizona were suffering every day that they couldn't drive to work, despite their having employment authorization documents. (The plaintiffs are ultimately seeking a permanent ban on Brewer's order, citing constitutional violations.)

The appeals court panel issued that preliminary injunction against Brewer's policy "prohibiting Defendants from enforcing any policy by which the Arizona Department of Transportation refuses to accept Plaintiffs' Employment Authorization Documents, issued to Plaintiffs under DACA, as proof that Plaintiffs are authorized under federal law to be present in the United States."

However, the state has asked that a full 11-judge panel of the appeals court rule on the issue -- a request that prevents the injunction against Brewer's order from taking effect.

Again, attorneys for the plaintiffs are trying to get a temporary injunction against Brewer's order, citing the harm being done every day that these people with federal authorization to work can't get a driver's license.

"It's not at all lost on the legal team that we have 23,000 DACA recipients in Arizona who can't get a driver's license," National Immigration Law Center attorney Karen Tumlin says.

There's no telling how much longer it will take for another ruling on the temporary injunction.

Brewer's office didn't immediately respond to a request for comment.

UPDATE 12:31 p.m.: Here's the response we got from Brewer's spokesman Andrew Wilder:

The ADAC filing isn't a story since it was hardly surprising. The only surprise is that the plaintiffs didn't originally file this motion with the 9th Circuit when the appeal was filed in 2013.

Now, after filing the same motion with the District Court -- which speedily denied it last week -- plaintiffs have chosen to file the same tired motion in the 9th Circuit, who is seriously contemplating the state's en banc appeal that the panel ruling was wrong.

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57 comments
DNichols
DNichols

I find it funny that the people against "Dreamer" Immigrants, and all things "illegal" have no problem with the fact that their Racist Tea  Hag hero Honest Jan Brewer abused her Government authority to shuffle paper work and defrauded Social Security out of $75,000.00 to reward her knife point rapist son Ron while he was being totally cared for in the State facility he was incarcerated in, and already costing tax payers over six hundred dollars a day for years!

Brewer's Legacy will be SB1070 Hatred, and Bigotry that has stained our State.

"Desert Racist Wasteland."


To: Justice in Arizona's Corrupt Government?!

RobertGraham29
RobertGraham29

And her policy will continue to remain in effect. DREAMER's who want a license should move to another state like California where they give them out. Don't count on ever getting one here in Arizona.

dennis20
dennis20 topcommenter

It's pretty obvious Brewer is losing on this, she just wants to inflict as much pain as possible on young Americans who have already suffered. Meanwhile, our economy suffers as a result. These kids aren't going anywhere.  


It is a pretty safe estimate that of the 23,000 DACA recipients, about 15,000 car purchases, insurance policies, repairs etc.. would only help our economy.  When a republican decides that hurting people for racist reasons is more popular than doing what is best for the economy, we live in a very ill State.  Yet this is what the GOP candidates for Governor are competing for-who can be the most hateful.  

valleynative
valleynative topcommenter

So the problem is that the law discriminates against "a certain group of immigrants".

Specifically, it discriminates against that group of immigrants who arrived illegally.

Are we really going to start calling that discrimination now?

Do the police "discriminate against" the group of drivers who run red lights by pulling them over and giving them tickets?



Gary Trayler
Gary Trayler

ILLEGAL CRIMINALS should not be rewarded. Send them packing back to where they came. If someone broke into your house would you reward them???

looker
looker

Not having a license does not stop them from driving - just another law that they ignore.

Marco Cruz
Marco Cruz

Fuck em, i cant go to mexico or any other country and get a license and have my current insurance recognized there, so why should they? Oh, theyre dreaming, how convenient. Nothing like being an exception to the rules, must be nice.

john043012
john043012 topcommenter

Irreparable harm . I guess all those people who don't drive for one reason or another and use mass transit  don't realize the irreparable harm they are doing to themselves and to their family. If this mental breakdown is now becoming an issue  in our society the government along with our judicial branch has the responsibility of informing those who fall into this category.  . I wonder if A.C.A. covers that type of mental anguish.

valleynative
valleynative topcommenter

@dennis20 

If they were Americans, in the sense of being citizens, there would be no issue.

As you say, though, they're not going anywhere, and they're working toward degrees, so they will continue to support the economy with or without driver licenses.

DACA is a worthwhile program, when administered correctly.   It's also worthwhile to defend State's rights against a power hungry federal government.

 

TommyCollins
TommyCollins topcommenter

@valleynative Actually, it's state policy, as dictated by the governor, not a matter of written law. 


I don't see it at as a matter of discrimination, in the true sense of the word. More so, it's simply misapplication of a privilege. In this case the privilege was denied to a group of people based on the governor's unwillingness to recognize them as being 'legally' entitled, based on the policy decision of the president. The matter is simply political posturing by Mrs. Brewer because she can do this without having to wag her fingers in public. It's simply Mrs. Brewer showing everyone that she has tough wrinkles in that pretty face of hers and she will use them!


marcy
marcy

@valleynative

Maybe the subtle aspects of this case have you confused?


Once someone has been authorized by the United States to stay in this country, for whatever reason, they are no longer in the country illegally.


You also are confused in thinking that people who are in this country illegally must have arrived illegally, that is not always the case.


The State of Arizona has been discriminating against certain classes of people who have been authorized by the federal government to remain in the United States.  They were allowing some to obtain driver's licenses and not others.

danzigsdaddy
danzigsdaddy topcommenter

@valleynative  as for the last part of your post...........i wish the police would do that on drivers who dont signal or are too busy on the cell phone

TommyCollins
TommyCollins topcommenter

As opposed to legal criminals, I guess.


DonkeyHotay
DonkeyHotay topcommenter

A driver's license isn't a "reward" ... if anything it is a burden requiring compliance and adherence to motor vehicle regulations.

WhoKnows
WhoKnows topcommenter

@john043012 DACA folks are NOT illegal.  Per AZ law, they can get a DL using their federal work permit.


Too bad you had too many DUIs to ever get a licence again, johnny dickweek!

valleynative
valleynative topcommenter

@marcy @valleynative 

You seem to be the one having trouble with subtle aspects.


Regardless of whether it is currently legal for them to be in the country, many of those people arrived illegally, and neither DACA nor an amnesty program can possibly change that.


The fact that Brewer's policy also "discriminates against" people who violated other immigration laws doesn't weaken my position.


john043012
john043012 topcommenter

@DonkeyHotay because assholes like you do not distinguish between legal and illegal

valleynative
valleynative topcommenter

@DonkeyHotay 

So, you're saying that Brewer is doing them a favor by not allowing them to have driver licenses?


john043012
john043012 topcommenter

@WhoKnowsNothing  they got temporary working paper's nothing more nothing less they must pay a fee for those papers and i think its 680.00 every 2 years. If they are caught doing criminal activity they still will be detained, prosecuted and most likely have a deportation hearing . They are not citizens and they do not qualify for all the rights that legal immigrants are entitled too.

john043012
john043012 topcommenter

@DonkeyHotay your not fooling anyone you are the racist piece of shit, White people indeed.

DonkeyHotay
DonkeyHotay topcommenter

@danzigsdaddy "i do have a serious question for you...........what laws do we have or not have regarding the things i mentioned? i am curious"


I'm curious how someone of your age is too stupid to know, and/or too lazy to Google.


No wonder you gravitate toward Repuglycan politicians.

danzigsdaddy
danzigsdaddy topcommenter

@john043012 hold up a minute John. as you are saying DonkeyHotay cant distinguish between legal and illegal, you are grouping DACA and people with work visas in with those who sneak across the border. those are 2 different groups that you are not recognizing either. DACA and work visas ARE here legally. 

DonkeyHotay
DonkeyHotay topcommenter

@john043012 ... because lowlife racist cunts like you only pretend to differentiate -- you hate ALL immigrants -- and if they were all granted amnesty tomorrow and therefore made "legal", you'd still hate them.


Ipso facto.

DonkeyHotay
DonkeyHotay topcommenter

@valleynative ... don't be coy, we all know you HATE immigrants, and merely use the thin "illegal" ruse in a pathetic attempt to hide your prejudice, bigotry and racism.

DonkeyHotay
DonkeyHotay topcommenter

@valleynative ... and harming society in general at the same time.


Typical Repuglykkkan policy.

danzigsdaddy
danzigsdaddy topcommenter

@john043012 paying that money does make them here legally. if we are going to accept money for them being here, we are allowing them to be here.............why punish them for following the rules? stopping the people who sneak here from getting a license, i have no problem with, but we are allowing the others to be here legally by giving them the permits or taking their money and those are the people who should be allowed a license (temporary license would be an option also)

DonkeyHotay
DonkeyHotay topcommenter

@john043012 "your [sic] not fooling anyone"


Typical illiterate lowlife racist piece of shit.

valleynative
valleynative topcommenter

@DonkeyHotay @john043012 

"Amnesty" means that you're not going to be punished for breaking the law.  It doesn't mean that what you did wasn't illegal.

 

valleynative
valleynative topcommenter

@DonkeyHotay @valleynative 

Do you imagine that I also hate everybody who drives a motor vehicle, and only use the thin "runs red lights" ruse in an attempt to hide my prejudice?

 

john043012
john043012 topcommenter

@danzigsdaddy I don't care if they get a license or not makes no difference most drive anyway. Its the attitude from the daca crowd that pisses me off. Their expectations no demands of entitlement is what has a lot of people up in arms.

DonkeyHotay
DonkeyHotay topcommenter

@valleynative


Since they weren't convicted of any crime, they are as innocent under the law as you are.


hth.

DonkeyHotay
DonkeyHotay topcommenter

@valleynative ... once they run a red light, are they "illegal drivers" forever?


You played yourself again, chump.

danzigsdaddy
danzigsdaddy topcommenter

@john043012 they are pissed because they are following the rules, they are paying to be here, they are trying to follow the law, and people are refusing them to excersize any of the rights they paid for to be able to use. its like signing a lease and paying your rent and then being told you cant be there because you are trespassing

DonkeyHotay
DonkeyHotay topcommenter

@FistingBlues 


Poetic license, you stump-stupid shitsucker.

john043012
john043012 topcommenter

@danzigsdaddy Its obvious their working paper money stretches father in other states that go ahead and offer them licenses they should move there.

fishingblues
fishingblues topcommenter

@DonkeyHotay


So, when you mangle the English language you call it "poetic license", but everyone else is a Typical illiterate lowlife racist piece of shit.


Sure stinky, sure.  Everyone believes you (wink, wink).

DonkeyHotay
DonkeyHotay topcommenter

@valleynative ... utter nonsense.


Unless you can prove you haven't committed a crime, YOU don't share the rights of those who can.


You fucking racist retard.

DonkeyHotay
DonkeyHotay topcommenter

@valleynative  don't worry that you don't comprehend that you lost the argument. Most people do.

danzigsdaddy
danzigsdaddy topcommenter

@john043012 revenue is revenue, something this state is sorely in a need of. if they are wiiling to spend their money to be here legally, spend their money on our schools, pay our taxes, why should they be denied any basic rights which they paid for? they are the ones here legally, dont confuse them with the people who sneak across the border

DonkeyHotay
DonkeyHotay topcommenter

@fishingblues does it hurt to be so fucking stupid, you illiterate stump-stupid stammering imbecile?




valleynative
valleynative topcommenter

@DonkeyHotay @valleynative 

I think most people will notice that yours was the ONLY mention of "forever" in this discussion, and will scratch their heads and wonder where you pulled that from.

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