DPS appeals driver's license ruling

By Associated Press
Published: Friday, April 10, 2009 7:52 PM CDT

DALLAS — The Texas Department of Public Safety will appeal a ruling that blocks the agency from enforcing new rules that prevent some legal immigrants from getting drivers' licenses, the state Attorney General's Office announced Friday.

Attorneys for the state filed a notice Friday to appeal a temporary injunction by State District Judge Orlinda L. Naranjo in Austin. The appeal notice would stay the injunction, keeping the current DPS license and identification rules in effect.

"One of the reasons DPS is appealing the ruling is that it will have a major impact on business operations at the agency, and could in fact shut down the agency's ability to appropriately and securely identify driver license applicants," according to a DPS statement.

Since last year, DPS has been requiring non-U.S. citizens applying for identification cards and drivers' licenses to have visas issued for at least a one year stay and that are still valid for at least six months after being presented to the agency.

The judge issued a decision letter Thursday saying DPS acted outside its scope of authority when it adopted the policy last year. Naranjo also indicated she planned to grant the temporary injunction to stop DPS from enforcing the new rules.

The Mexican American Legal Defense and Educational Fund sued on behalf of five people who have permission to work in the country and a Lewisville landscaping business that employs seasonal foreign workers through a federal program.

MALDEF said its clients needed to drive as part of their jobs but couldn't get a license under the new policies because their visas are valid for only 10 months. MALDEF challenged the DPS authority to adopt the license and ID card rules.

http://www.lmtonline.com/articles/2009/ ... 185168.txt