Judge Allows Arizona Driver’s License Ban for DREAMers to Continue

DREAMersArizona will continue to deny driver’s licenses to Deferred Action recipients for now, but the lawsuit against Governor Jan Brewer’s policy still stands.

Yesterday, U.S. District Judge David Campbell denied a request for a preliminary injunction on Brewer’s executive order that prevents Deferred Action recipients from getting driver’s licenses.

In a statement, Gov. Brewer said the following:

“This portion of the ruling is not only a victory for the state of Arizona — it is a victory for states’ rights, the rule of law and the bedrock principles that guide our nation’s legislative process and the division of power between the federal government and states.”

Despite Judge Campbell’s ruling that the driver’s license ban can currently stay in effect, the lawsuit has not been thrown out.

When speaking to Advocate Carmen Cornejo, of the Arizona Dream Act Coalition, ADAC, she said that Arizona DREAMers are still hopeful. ADAC, along with five Deferred Action beneficiaries, filed the preliminary injunction Judge Campbell dismissed.

“It’s going to be a longer process but we’re hopeful. Judge Campbell was positive. He said the lawsuit is most likely going to be successful,” Cornejo said.

Arizona law issues driver’s licenses to some undocumented immigrants with work permits, so why not issue driver’s licenses to young undocumented immigrants granted Deferred Action? The lawsuit, based on that fact, is very strong because Brewer’s policy seems discriminatory toward young immigrants.

Under Deferred Action, a program that went into effect in August of 2012, recipients receive authorization to remain in the U.S. for a period of two years, during which they should be able get a work permit and a driver’s license.

The Department of Homeland Security confirmed this year that Deferred Action recipients are lawfully present in the U.S. even though they do not have lawful status.

The latest USCIS report states 291,859 Deferred Action applications have been approved since the start of the program. USCIS has received 515,922 applications. Most have been accepted but are still under review.