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  1. #1
    Senior Member JohnDoe2's Avatar
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    Judge: Arizona dreamers can apply for licenses Monday

    Judge: Arizona dreamers can apply for licenses Monday

    22,000 people can apply for licenses in a few days.

    Daniel González, The Republic | azcentral.com3:35 p.m. MST December 18, 2014


    (Photo: Nick Oza/The Republic)

    STORY HIGHLIGHTS


    • U.S. District Court Judge David Campbell ends Brewer's driver's license ban
    • Young immigrant dreamers can begin applying for licenses Monday
    • Battle has gone on in Arizona for more than two years


    Young immigrants known as dreamers will be able to begin applying for driver's licenses on Monday, according to a court ruling handed down Thursday by U.S. District Court Judge David G. Campbell.

    Campbell issued a preliminary injunction ordering Arizona to stop denying driver's licenses to young immigrants known as dreamers.


    The ruling means the state is now compelled to begin allowing dreamers who have received work permits through President Barack Obama's 2012 deferred action program to apply for driver's licenses.


    Gov. Jan Brewer has fought to keep driver's licenses out of the hands of dreamers since August, 2012, when she issued an executive order denying driver's licenses to anyone approved for Obama's program.


    RELATED: Timeline of lawsuit over dreamers and driver's licenses

    RELATED: Dreamers celebrate license ruling, ready to hit the road

    In his ruling, Campbell said the order will take effect on Monday to give the state enough time to notify its employees.


    Campbell also explicitly noted that the ruling applies to all dreamers in Arizona who have received work permits through Obama's deferred action program, not just the ones who filed a lawsuit challenging the ban.


    More than 22,000 immigrants have been approved for the program.


    "This is a a really happy day for us and it came just in time for the holidays. Arizona dreamers are finally going to be able to drive," said Jennifer Chang Newell, a senior staff attorney with the American Civil Liberties Union Immigrants' Rights Project.


    A group of dreamers are making plans to go to a Motor Vehicles Department office on Monday and apply together for their licenses, said Erika Andiola, of the Arizona Dream Act Coalition.


    However, many dreamers may not be ready to apply right away because they have no experience driving or have not had time to prepare for the required written test and driving exam, she said.


    Other dreamers such as 25-year-old Julio Zuniga say they have been forced to drive illegally without a license because of Brewer's ban.


    Zuniga, who received his work permit in May, 2013, said he limits his driving to Grand Canyon University, where he is a graduate student working on his MBA, and to his job as an analyst at Target.


    He said being able to get a driver's license will be relief.


    He plans to go to an MVD office on Monday after he gets off work at 2:30 p.m.


    "There won't be that risk that of getting pulled over and getting a ticket and my car impounded," Zuniga said.


    The state has spent more than $1.5 million in outside legal fees defending the driver's-license ban, according to the Arizona Department of Transportation. An ADOT official declined to make an immediate comment.


    Obama's deferred-action program allows immigrants brought to the U.S. illegally as children to apply for a two-year reprieve from deportation known as deferred action. Those approved also receive work permits.


    The day the program went into effect, Brewer issued an executive order prohibiting anyone who receives deferred action through Obama's program from receiving any state public benefits, including driver's licenses. Her executive order triggered a lawsuit.


    In July, the 9th Circuit, in a 3-0 ruling, sided with the dreamers. The court ruled that Brewer's ban likely was unconstitutional because, in the past, the state had issued driver's licenses to non-citizens who received work permits for similar types of deferred action. The 9th Circuit also instructed Campbell to issue a preliminary injunction blocking the ban.


    Last week, Brewer asked Supreme Court Justice Anthony Kennedy for a stay of the 9th Circuit ruling. She argued that it would be premature for Arizona to begin issuing driver's licenses to dreamers, because it would then have to take them back if the Supreme Court upheld the ban later on. Kennedy denied the request for a stay Wednesday.

    http://www.azcentral.com/story/news/...nded/20602929/

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  2. #2
    Super Moderator Newmexican's Avatar
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    They are not "Dreamers" they are illegal foreign nationals.

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    Anyone notice that Jan Brewer loses every important court case she takes on to fight the illegals. Are we sure she is on our side?

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    Senior Member JohnDoe2's Avatar
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    Gov. Brewer takes 'Dreamer' license fight to U.S.Supreme Court
    Gov. Brewer


    PHOENIX -- With nowhere else to go, Gov. Jan Brewer asked the U.S. Supreme Court on Thursday to keep licenses out of the hands of dreamers, at least until the justices get a chance to look at the issue.

    In what amounts to a legal "Hail Mary,' Brewer's attorneys are trying to stop the 9th U.S. Circuit Court of Appeals from making final this coming Tuesday its ruling that Brewer and the Department of Transportation have run afoul of federal regulations in deciding Arizona licenses will not be issued to people who have been accepted into the federal government's Deferred Action for Childhood Arrivals program.

    If and when that ruling becomes final, then U.S. District Court Judge David Campbell has no choice but to issue an injunction directing the state to provide the licenses to DACA recipients if they meet other legal qualifications like age and residency. More than 22,000 Arizonans already have qualified for DACA.

    Timothy Berg, the governor's outside legal counsel, contends the appellate court ruling is wrong and that Arizona should be able to enforce its 1996 statute which says licenses can be granted only to those whose presence in this country is "authorized by federal law.'

    He argues that DACA is not federal law, something that might preempt conflicting state statutes, but is simply a policy decision by the Obama administration and the Department of Homeland Security to let some people remain without fear of deportation even though they clearly are here illegally.

    "The 9th Circuit's imposition of a mandatory preliminary injunction on Arizona's Department of Transportation -- based on the DHS's secretary's policy decision NOT to enforce well-established federal law -- turns well-established principles of separation of powers and federalism upside down,' Berg told the high court.

    He said the 9th Circuit has effectively concluded that the memo creating DACA preempts legally enacted state law. That, said Berg, "is grossly inconsistent with Supreme Court precedent.'

    "Allowing such policy to preempt state law would give the executive unprecedented power to invalidate state laws that do not meet with its approval, even if the state laws are otherwise consistent with federal statutes and duly promulgated regulations,' Berg wrote.

    But Karen Tumlin, an attorney with the National Immigration Law Center, said Berg is ignoring a key point. She said the federal Immigration and Nationality Act specifically allows the Department Homeland Security to grant "deferred action' to whoever it wants.

    "So to say that what's happening here under the DACA program is nothing more than a policy memo is inaccurate,' Tumlin said. And that, she said, trumps the executive order that Brewer issued saying the 1996 Arizona law precludes DACA recipients from getting licenses.

    "Once the Department of Homeland Security has given that status to an individual ... the state of Arizona doesn't have the ability to say, 'You're not here with federal authorization,' ' Tumlin said.

    Berg, in his plea to the high court, is warning that the issue is much larger than the 22,000 Arizonans that have DACA status.

    He pointed out that the Obama administration just last month issued another memo that "drastically expanded' DACA.

    It removed several key restrictions, like the requirement that people need to have arrived as children and been younger than 31 in 2012 when the original program was announced.

    "This unilateral expansion could defer the removal of millions of illegal immigrants in the United States,' Berg argued, people who, if the 9th Circuit decision stands also could demand access to Arizona licenses.

    Estimates are that perhaps 5 million people nationwide could gain protection from deportation along with the right to legally work here; the number of Arizonans affected likely far exceeds 100,000.

    But Tumlin said all of that is irrelevant.

    "It doesn't matter if it's five people or five million,' she said.

    Gubernatorial spokesman Andrew Wilder said the dispute is even more basic than that.

    "This is an issue of whether states have the right to determine who they issue a driver's license to,' he said, an area that traditionally has been left to each state. "Or is that up to the federal government to decide?'

    Berg's legal arguments might not even reach the full court.

    Under Supreme Court precedent, each justice has purview over cases from various federal court circuits. For the 9th Circuit, that is Justice Anthony Kennedy.

    Kennedy could present the request to his colleagues. But he also could reject it outright on his own.

    Even if the high court spurns Brewer's request, that does not end the legal fight over who can be licensed.

    There never has been a full trial on the issue. Instead, the only issue to this point is whether an injunction should be issued directing ADOT to issue licenses to dreamers while the case makes its way through the legal system.

    The 9th Circuit sided with the challengers to the law, saying there is evidence they would be irreparably harmed by being denied licenses in the interim. The judges pointed to the ability of DACA recipients to work or go to school and noted that the lack of a license makes that more difficult.

    Beyond that, Brewer and governors from two dozen other states just filed their own lawsuit in federal court challenging the most recent expansion of the deferred action program by the Obama administration.

    If courts were ultimately to rule there is no authority for the policy allowing millions of people stay despite being here illegally, that also likely would undermine the original 2012 DACA memo. And if DACA is overturned as illegal, then this lawsuit likely disappears.

    http://verdenews.com/main.asp?Sectio...rticleID=63634
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  5. #5
    Senior Member JohnDoe2's Avatar
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    Arizona 'Dreamers' to line up for driver's licenses; Brewer vows fight

    By
    KEVIN BAXTER
    contact the reporter


    Young immigrants in Arizona are expected to line up for driver's licenses, but Gov. Jan Brewer vows to fight

    So-called Dreamers are authorized to stay and work in the U.S., but Arizona has denied them driver's licenses


    Thousands of young immigrants protected from deportation under a federal program will begin lining up for Arizona driver’s licenses Monday after a federal judge removed the final barrier preventing them from applying for the documents.

    A preliminary injunction issued Thursday by U.S. District Judge David Campbell bars the state from enforcing Gov. Jan Brewer’s directive to deny driver’s licenses to more than 20,000 immigrants brought to the U.S. illegally.


    Arizona 'Dreamers' happy but wary of Supreme Court ruling on licenses

    The injunction takes effect Monday to give state officials time to let Deferred Action for Childhood Arrivals recipients know that their federal employment authorization cards are now acceptable proof of eligibility for a driver's license.

    The so-called Dreamers, who have been shielded from deportation since 2012 under the Obama administration’s DACA program, are authorized to stay and work in the country legally. But in Arizona and Nebraska they have been denied driver’s licenses.


    Campbell effectively ended the ban in Arizona when he ordered the state to ignore the governor's directive against driver's license applications for DACA immigrants.




    That ruling came a day after the U.S. Supreme Court voted 6 to 3 to turn down an emergency appeal from Brewer, who sought to block an order from an appellate court that also found the state had no grounds to deny license applications to the Dreamers.

    However, Brewer still isn't ready to take no for an answer, greeting Campbell’s injunction with a statement of her own in which she promised to carry the fight back to the Supreme Court.


    "It is important to remember that courts have yet to consider the full merits of the case, and I believe that Arizona will ultimately prevail," said Brewer, who leaves office next month. "Consequently, I have instructed my legal team to move forward in pursuing a full review of this matter before the United States Supreme Court as soon as possible."


    Brewer has said that rules governing who is eligible for driver's licenses is a state issue and not one that should be decided by the federal government.


    "It is outrageous that Arizona is being forced to ignore long-standing state law and comply with a flawed federal court mandate that requires the state, at least temporarily, to issue driver's licenses to individuals whose presence is in violation of federal law, as established by the United States Congress," she said.


    "At stake in this case are the fundamental issues of constitutional law and state sovereignty. Arizona has the constitutional right and authority to enforce state statute.

    This right must be protected. It must be defended. And as long as I am governor, I will do exactly that."


    But the U.S. 9th Circuit Court of Appeals didn't buy that argument, nor another in which Brewer’s lawyers claimed the governor was trying to reduce the risk that licenses could be used to improperly gain access to public benefits.


    Instead, the court said there was no legitimate state interest in treating the Dreamers differently from other noncitizens, such as green-card holders, who can drive legally. The court said Brewer's actions were intended to express hostility toward the immigrants and toward U.S. government policy protecting them.

    http://www.latimes.com/nation/la-na-...219-story.html
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  6. #6
    Administrator Jean's Avatar
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    Arizona governor rejects order to issue driver's licenses to the undocumented

    Published December 19, 2014
    EFE



    Arizona Gov. Jan Brewer vowed to keep up the pressure against issuing driver's licenses to young undocumented immigrants known as "dreamers" following a court decision ordering the state to do so starting next Monday.

    The federal court judge in Phoenix, David Campbell, ordered Thursday that Arizona begin to award driver's licenses to undocumented youths protected under the Deferred Action for Childhood Arrivals policy, or DACA.

    The Republican governor said in a communique that "it is outrageous that Arizona is being forced to ignore long-standing state law and comply with a flawed federal court mandate that requires the state, at least temporarily, to issue driver's licenses to individuals whose presence is in violation of federal law, as established by the United States Congress."

    Brewer said "I have instructed my legal team to move forward in pursuing a full review of this matter before the United States Supreme Court as soon as possible."

    "At stake in this case are the fundamental issues of constitutional law and state sovereignty. Arizona has the constitutional right and authority to enforce state statute. This right must be protected. It must be defended. And as long as I am governor, I will do exactly that," she said.

    Meanwhile Dulce Matuz, activist and president of the Arizona Dream Act Coalition, told Efe that she was sorry about Brewer's attitude, and said there is no argument about state's rights, only about the governor's wish to turn dreamers into "second-class residents."

    Gov. Brewer signed an executive order in 2012 that denied undocumented youths who were protected under Deferred Action for Childhood Arrivals any possibility of obtaining a driver's license.

    http://latino.foxnews.com/latino/new...-undocumented/
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    Senior Member JohnDoe2's Avatar
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    Last edited by JohnDoe2; 12-07-2017 at 02:57 PM.
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