DOJ Supports Driver’s Licenses for DACA Recipients, Oppose Arizona’s Efforts to Limit Eligibility
LexisNexis® Legal Newsroom Immigration Law reports that the Obama administration in an amicus brief urged the U.S. Court of Appeals for the Ninth Circuit to reject efforts by Arizona to deny licenses to drive to recipients of relief under Deferred Action for Childhood Arrivals program. The brief argues that the federal government has exclusive authority to decide who can remain in the United States. That includes issuing Employment Authorization Documents (EAD) empowering those people to work in this country legally. What Arizona is doing is deciding that only the holders of some EADs meet the requirements of a 1996 Arizona law that allows licenses to be issued solely to those whose presence in this country is “authorized by federal law.” Specifically, the Department of Transportation is saying that EADs issued to those under the Deferred Action for Childhood Arrivals do not qualify.
A district court has enjoined Arizona’s efforts to deny driver’s license eligibility to DACA recipients and the case is on appeal.
KJ