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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30 year-olds Don’t Despair, Deferred Action Still Within Reach

Contributed by Aaron Hall

When Department of Homeland Secretary (DHS) Napolitano announced the new deferred action program on June 15, 2012, it was announced that one of the requirements for eligibility would be that applicants “are not above the age of thirty” as of June 15, 2012.

 

The initial assumption was that this requirement would disqualify a potential applicant who was 30 years and two months old at the time of the announcement.  Fortunately, DHS has now clarified that potential applicants will meet the age requirement so long as they were under 31 years old on June 15, 2012.  Therefore, many people who were 30 at the time of the announcement will qualify for the new deferred action program.

 

For further information on the eligibility requirements, go to our website dedicated to deferred action at http://www.dreamtoimmigrate.com/. 

 

Further Reading:

6/15/12 DHS Announcement

USCIS on Consideration of Deferred Action for Childhood Arrivals Process

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