Group Sues Arizona Over Policy to Deny Drivers Licenses to Deferred Action Young Immigrants
Dallas, TX (Law Firm Newswire) January 4, 2013 – An Arizona policy to deny state driver's licenses to some people is garnering protest.
A coalition of civil rights groups filed suit on November 29, 2012 to block an Arizona policy that denies driver's licenses to certain foreign nationals who are granted Deferred Action status and deemed temporarily eligible to remain and work in the U.S. by the United States Citizenship and Immigration Services (USCIS).
In a statement on the matter, Dallas immigration attorney Stewart Rabinowitz said, "Beyond mean-spiritedness, it is hard to see what Arizona's interest is in prohibiting issuance of state driver's licenses to beneficiaries of a federal program to permit certain, young, qualifying foreign nationals to remain in the U.S. and have employment authorization for a two-year period."
Arizona Gov. Jan Brewer issued Arizona Executive Order 2012-06 on August 15 in the wake of the Department of Homeland Security's implementation of the Deferred Action for Childhood Arrivals (DACA) program. The program allows certain young undocumented immigrants who have been in the United States for at least five years and who arrived prior to turning 16 to live and work in the U.S. for a renewable period of two years without threat of deportation. It does not confer lawful immigration status or provide a path to citizenship.
The Executive Order directs state agencies to prevent Deferred Action recipients from obtaining eligibility “for any taxpayer-funded public benefits and state identification, including a driver's license.”
The lawsuit claims that the state policy violates the U.S. Constitution's Supremacy Clause by contradicting federal immigration law and violates the Equal Protection Clause of the Fourteenth Amendment by discriminating against certain foreign nationals.
Mr. Rabinowitz continued by adding, "If Arizona Republicans want to further alienate Hispanics, and frustrate federal immigration policy which has provided a reprieve from removal for such persons, this action will be an effective tool. Hispanics are one of the fastest growing minorities in the U.S. who were a critical voting block in the 2012 Presidential election, and their clout is likely to only grow. That fact does not portend well for Republicans."
Rabinowitz & Rabinowitz, P.C.
14901 Quorum Drive, Suite 580
Dallas, Texas 75254
- Fiscal Year 2017 H-1B Update: USCIS Completes Random Selection of H-1B Lottery Winners
On May 2, 2016, USCIS announced that it had completed its random selection of H-1B petition “lottery” winners for cap-subject H-1B filings for fiscal year 2017. For those petitions selected, USCIS asks petitioners to wait until they receive a fee receipt. For those petitioner not selected, USCIS will begin returning those petitions. The process will ...
- GAO testimony on improvements for the EB-5 program
In February 2016, a House committee heard testimony on needed improvements to the EB-5 immigrant investor program. Rebecca Gambler, a Director of the U.S. Government Accountability Office’s (GAO) Homeland Security and Justice Team, testified before the U.S. House of Representative’s Committee on the Judiciary on actions which USCIS has taken and plans it has to ...
- USCIS Reaches H-1B Cap For Fiscal Year 2017 in 7 Days
On April 7, 2016, USCIS announced that it had received more H-1B petitions that the statutory annual limit for H-1B employer filings for Fiscal Year 2017. Federal law permits a maximum of 65,0000 first time H-1B petitions, and an additional 20,000 first time U.S. earned advanced degree holder H-1B petitions each fiscal year. Each federal ...