NH Driver’s License Litigation

Here is the latest in the litigation over access for lawful permanent resididents and other noncitizens to driver’s licenses in New Hampsire.  Dan Kowalski identifies the punchline of the district court’s opinion: 

“Although the most glaring flaws in the State’s licensing program have been remedied, the State continues to issue 45- day temporary driver’s permits to non-citizen applicants for original driver’s licenses, while it issues six month temporary licenses to similarly situated United States citizens. Because the State has failed to offer sufficient justification for that classification based upon citizenship status, and the concomitant disparate treatment of non-citizens, plaintiffs are entitled to injunctive relief to prohibit the enforcement of the offending administrative regulation.”

For the opinion, see Download fahy_dmv.pdf

KJ