A Federal judge on Thursday refused to halt Gov. Jan Brewer’s order that denies driver’s licenses for illegal aliens in Arizona who have gotten work permits and avoided deportation under Barack Obama’s “DACA” virtual amnesty.
The decision by U.S. District Judge David Campbell rejects the argument by immigrant rights advocates who said Brewer’s policy was unconstitutional because it’s trumped by federal law – an enormous victory for Arizona and defeat for Obama, which should immediately rally other states to deny licenses as well.
Arizona’s refusal to view those in President Barack Obama’s Deferred Action for Childhood Arrivals amnesty program as legal residents has become the most visible challenge to his announcement in June that some young immigrants would be protected from deportation. The Department of Homeland Security has said illegal aliens with work permits issued under the policy are lawfully present in the U.S.
Brewer’s lawyers argued that Obama’s policy isn’t federal law and the state has the authority to distinguish between illegals with work permits who are on the path toward permanent residency and those benefiting from Obama’s policy. The state’s lawyers argued Arizona isn’t violating its own policy by refusing to grant licenses to the immigrants in the program, because the youths haven’t been granted legal protections by Congress.
This is the same argument being made by ICE agent leader Chris Crane, who is suing Obama and DHS to halt this unlawful decree.
Obama, in July 2012, said people younger than 30 brought to the U.S. before they turned 16 could apply for “deferred action”. They will be granted work permits and Social Security numbers. As SWA detailed at the time, Obama’s amnesty order is ripe for abuse, as it has almost no safeguards against fraud.
Currently, Arizona, Iowa, and Nebraska prohibit driver’s licenses to DACA recipients, while California, Texas and Florida grant the licenses. Michigan initially denied licenses – until the DHS memo was released, whereupon they reversed course and will now grant them. North Carolina is currently waffling over whether or not to do so.
Each state must decide the issue for itself, according to the American Association of Motor Vehicle Administrators, which said, “At the end of the day, it’s a state-issued document, and the state has the authority to determine who is eligible for that document.”
We salute Gov. Brewer for standing tall for the rule of law – and directly against Obama – on this critical issue, where others have sadly floundered. We call on citizens to contact their governors to deny all illegal aliens drivers licenses, and cite this critical Federal judicial ruling to back it up.
Gov. Brewer issued a statement regarding the court’s order tonight…
Earlier tonight, a federal court UPHELD my Executive Order and Arizona’s law denying driver’s licenses to illegal aliens who President Obama has allowed to remain in our country under his outrageous deferred action program. The court ruled that Obama’s program DOES NOT preempt Arizona’s ability to determine who can re…ceive a driver’s license. This is a great victory for state’s rights and the rule of law! As Governor, I have taken an oath to uphold the laws of Arizona and I will continue to vigorously defend the citizens of Arizona and the duly-enacted laws of our State.