States Seek to Deny Driver’s Licences to New Category of Deferred Action Cases

Contributed by Aaron Hall, Attorney

On August 15, 2012, the Department of Homeland Secretary (DHS) began accepting applications for Deferred Action for Childhood Arrivals (DACA).  The procedures for DACA are now in place and the first applicants have already received their receipt notices and biometrics notices from USCIS.

The new DACA program is designed to allow qualifying applicants who entered the U.S. as children to be temporarily safe from being deported and would allow them to seek employment authorization while they are here.  Such employment authorization would ordinarily allow them to apply for a driver’s license from their state DMVs.  But Governors Jan Brewer of Arizona and Dave Heineman of Nebraska have declared that despite the REAL ID Act of 2005 listing deferred action grantees as eligible for driver’s licenses, their states will refuse to issue such licenses to those who are granted deferred action through DACA.

 

Their decision to deny driver’s license to those with DACA is certain to lead to litigation on the matter but at this point it is unclear how many other states may join Arizona and Nebraska in keeping work-authorized DACA grantees from getting their licenses.

 

Further Reading:

-Christian Science Monitor article on states refusing to issue driver’s licenses for deferred action

-USCIS Frequently Asked Questions on DACA

-JLF DACA Site at http://www.dreamtoimmigrate.com

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