JUDGE REFUSES TO STOP ARIZONA FROM DENYING DRIVER'S LICENSES TO IMMIGRANTS

(Reuters) – A U.S. federal judge refused on Thursday to block Arizona’s Republican governor, who has long clashed with Washington over immigration reform, from denying driver’s licenses to young immigrants granted temporary legal status by the federal government.

Civil rights groups had filed a lawsuit in U.S. District Court in Phoenix in November against Governor Jan
Brewer and two state transportation department officials on behalf of five Mexican immigrants who qualify for deferred deportation status under a program pushed by President Barack Obama.

The suit challenged the legality of an order issued by Brewer in August that denied the young migrants licenses, arguing that the federal deferred action program did not give them lawful status or entitle them to public benefits.

Judge David Campbell ruled that while the young immigrants appeared likely to prevail in their argument on constitutional equal-protection grounds, they had not proved they would suffer irreparable injury as the case proceeds.

“The court concludes that plaintiffs have not shown a likelihood of success on the merits of their
Supremacy Clause claim,” Campbell noted in a written ruling denying the motion for a preliminary injunction.

“Plaintiffs have shown a likelihood of success on the merits of their equal-protection claim, but the
Court finds that they have not shown a likelihood of irreparable injury and have not otherwise met the
high burden for a mandatory injunction,” he added.

The ruling came as a bipartisan group of lawmakers in the U.S. House of Representatives declared on
Thursday they had reached a tentative deal for passage of a major bill to revamp the nation’s immigration policy.

The final sticking point in Washington, according to congressional sources, was over whether illegal immigrants now in the United States who gain legal status under the bill could participate in the new healthcare law known as “Obamacare,” which Republicans want to repeal.

STATE’S RIGHTS

While the judge in the Arizona driver’s license case said the immigrants’ equal-protection claim was likely to succeed, he also tossed a separate argument that the Arizona policy was pre-empted by federal law in a move Brewer described as a victory.

“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,” Brewer said in a statement.

An attorney for the American Civil Liberties Union had argued for the plaintiffs at a hearing before
Campbell in March. A call to the ACLU seeking comment was not immediately returned on Thursday.

Under Obama’s program, immigrants who came to the United States as children and meet certain other criteria can apply for a work permit for a renewable period of two years. They also can obtain Social Security numbers.

An estimated 1.7 million youths are potentially eligible for the program, of whom about 80,000 live in
Arizona. As of mid-February, about 200,000 applicants nationwide had been granted deferred action, according to the U.S. Citizenship and Immigration Services.

Those immigrants are considered to be lawfully present in the United States during that period.

About 40 U.S. states and the District of Columbia have confirmed they were granting driver’s licenses – or planned to do so – for youths who received a short-term deportation reprieve under the program in June.

While Republicans in some states have opposed drivers licenses for illegal immigrants, only Arizona and
Nebraska said outright that young immigrants were not eligible.

Brewer maintains that the policy did not “confer upon them any lawful or authorized status and does not entitle them to any additional public benefits.”

(Reporting by Tim Gaynor; Editing by Cynthia Johnston and Philip Barbara)

17 Comments on this post.

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  • jr(catholic counter capitalist)
    17 May 2013 at 11:15 pm - Reply

    God Bless You Judge! That Brewer lady is evil! God Bless the oppressed undocumented immigrants. More power to you all. Go! Go! Go! This is good news and God listens to my prayers! God is with these immigrants. May God protect you and be with you always. Your racial roots and blood are native to this land. All others are foreigners and aliens. Do nor let people call you illegal aliens. The truth is that Brewer lady and her kind are the illegal aliens to this land. Noz and Delia are going to respond with rage and hate, 2 evil people who hate people who are getting help from the government..

    • jr(catholic counter capitalist)
      17 May 2013 at 11:29 pm - Reply

      My bad. I didnt read the news before sending the wrong message. I will pray that God will protect and redeem the undocumented immigrants. May God deliver them from Brewer!

      • Delia
        18 May 2013 at 7:19 am - Reply

        I will continue to ignore your posts for lack of factual and intellect.

        • jr(catholic counter capitalist)
          18 May 2013 at 9:08 am - Reply

          @very well…. likewise

    • noz
      22 May 2013 at 11:14 pm - Reply

      CRIMINAL LOVER COMING OUT OF THE BLACK HOLE. I SAY YOU ARE NOTHING BUT A POS LOVING ILLEGALITY IN ALL SHAPES AND FORMS. POS LIKE YOU NEED TO BE THROWN BACK TO YOUR BLACK HOLE FULL OF TRASH JUST LIKE YOURSELF, A WASTE THAT DO NOT BELONG ON THE EARTH SURFACE. GET IT….GET IT….GET IT….GET IT….GET IT….GET IT….GET IT….GET IT….GET IT….GET IT….GET IT….GET IT….

      • buloknaisda
        28 May 2013 at 12:18 pm - Reply

        GET IT , GET IT, GET IT , GET IT MAANG !

  • noz
    18 May 2013 at 1:00 am - Reply

    DACA is one of many executive order abuses of obama. the rising in numbers of children illegally crossing the border alone to take advantage of DACA have outraged the public. INS law reform potentially is a fiasco in the making, almost all americans are not buying what these gang of eight are selling. the hypocrite democrats have not stand firm on their promised principle to systematically deport illegal aliens to uphold the INS laws, a promised ted kennedy with schumer present on his side after reagan signed the 1986 one time amnesty, never to be repeated again, we now all know this no amnesty was the complete lies of the democrats doing a complete 360 degree turn not to follow the INS laws. dianne feinstein pushing for the INS law reform, then complain on the big financial burden to be imposed to california taxpayers to pay benefits to those amnestied, demanding the federal government must offset the cost, when all along feinstein have swear no benefits will be paid. luis gutierrez, a bipartisan member of the gang of eight have built more than enough bad tastes to most americans with his repeated statements he only care about the illegal aliens, comparing ICE agents to gestapo, what a POS promoting illegality. AZ governor brewer is looking after her constituents quality of life through her respect of the rule of laws to maintain law and order. these illegal aliens have caused so much chaos socially and draining the state finances, as accepted by dianne feinstein in her double face talk back debate to her opponents.

  • Arbi
    18 May 2013 at 11:05 am - Reply

    One of the great founding principles of our country (USA) was that children would not be punished for the mistakes of their parents. It is time to provide an opportunity for legal residence and citizenship for those who were brought to this country as children and who know no other home.

    • noz
      18 May 2013 at 5:12 pm - Reply

      america’s founding fathers came up with 28 principles. what you said “children would not be punished for the mistakes of their parents.” is not one of the 28 principles of the founding fathers. american society expect parents are responsible for their children. raising children are not the responsibilities of the nation, the state, the county. the INS set laws are parents whose status are illegal aliens with anchor babies are deportable, since these babies cannot legally file petitions for their illegal aliens parents until reaching adult age, but having a birthright child does not guarantee an automatic legal status for their illegal parents, who will be required to prove, if qualified for legal resident visa. yes, the legal resident visas are not handed in platters to millions of illegal parents, just because they have anchor babies.

      • Arbi
        18 May 2013 at 7:00 pm - Reply

        I was not referring to the Founding Fathers 28 Principles, but rather to a “principle” that make this country GREAT and JUST!

        • noz
          18 May 2013 at 11:16 pm - Reply

          obama’s DACA, not only have bought him 70% of hispanic votes, but have encouraged parents to unconscionably allow their children on their own crossing illegally the USA borders. the parents are committing criminal acts of abandonment of their children, making the american soil, a sovereign nation as the dumping ground for their children they cannot afford to raise. the poverty, over population of sovereign foreign countries must be solved by the said country. america and its people are being intimidated to go on the guilty trips with such made up “principle” taking care of illegal alien children make the USA a GREAT country and JUST are indeed very contrary to the rule of laws by assaulting, abusing, tearing the fabric of the american society free for all, lawlessness nation.

          • Arbi
            19 May 2013 at 10:57 am -

            There are many people who are opening “new doors” in business, in medicine, and in social values / norms which will fuel the American dream for many, many others. The “good old days” were perhaps not as good as we remember but as we wish they would have been. They did, however, provide the basis for the innovations of today’s growth. The American dream demands that if you want to achieve you must be educated, you must be an individual who thinks, and you must have a drive to “BE”. I am so thankful and grateful that every child of this GREAT NATION can now reach the AMERICAN DREAM … Life, Liberty and Pursuit Of Happiness!

          • noz
            19 May 2013 at 8:40 pm -

            there are college graduates, many from ivy league universities, who cannot find jobs, since obama took the oval office. the jobs added do not require college educations, low paying jobs like in sales, fast foods, restaurants, etc. so your new doors in business, in medicine? are total assumptions lacking concrete evidence, if these jobs really do exist. i put question mark in medicine, since many hospitals have closed in the last decades. nurses are no longer in demand, no longer imported from foreign countries with the radical change in health care delivery, resulting to the highest number recorded empty hospital beds. the popping up of schools offering nursing degree were/are being taken advantage by the new wave of immigrants from the caribbean and africa producing glut of nursing degree holders.

        • noz
          19 May 2013 at 8:07 pm - Reply

          we are talking about illegal aliens invading the sovereign USA, that must not be used for political pandering like what obama did abusing the use of executive power. legal aliens are welcome to make what they want for themselves, to take advantage of whatever are left, if any opportunities are still available to gain in competitive manner, by individual’s qualifications to perform the job in the highest efficiency. the USA immigration problem is illegal aliens are out of control, outnumbering the lawful visa applicants from all over the world for legal resident visas.

  • Rick
    19 May 2013 at 2:26 pm - Reply

    I PRAISED ARIZONA FOR ENFORCING TOUGH IMMIGRATION LAW. ARIZONA WANTS LEGAL IMMIGRANTS NOT ILLEGAL IMMIGRANTS. IF YOU DON’T KNOW THE MEANING OF “ILLEGAL” YOU LOOK AT THE MEANING IN THE WEBSTER DICTIONARY, AND IF YOU STILL DON’T UNDERSTAND THE MEANING OF IT THEN YOU ARE “DAMN AND IDIOT”. IF YOU DON’T LIKE THE LAW THEN GET THE HELL OUT OF THERE, PERIOD…..

  • Wil
    20 May 2013 at 7:22 pm - Reply

    So let me get this right. The parents, knowingly bring their children into the United States illegally. That child grows up in the United States. He/She now are supposed to be able to remain in the United States, because he/she didn’t know they were illegal. When they find out they get mad at the United States for enforcing its laws. Hmmmm. The problem is that they are mad at the wrong person or persons. They should be mad at their parents for knowingly breaking the law period. They should take their free education, go back to their country and make it a better place. Before people write and say that isn’t right … Think about all those who have waited years to legal immigrate. People here illegally should not be allowed to get ahead of all those who have waited patiently and so not so patiently, for their visas to come through. The bottom line is if you are here illegally, regardless of age or length in the United States, you need to go home or be deported; not rewarded.

  • buloknaisda
    21 May 2013 at 12:37 pm - Reply

    Pinagtatalunan nyo pa yang issue na yan.. eh samantalang patay na ang sa karamihan na bumuo at nagsagawa ng mga batas na yan ! Yan ang nakasaad sa batas eh ano ba magagawa nating mga dayuhan din lang dito kundi sumumod sa mga batas na yan, tama man o mali sa paningin ng mga nakararami.

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