PUBLISHED WEDNESDAY, FEBRUARY 12, 2014 AT 5:19 PM / UPDATED AT 5:26 PM

Lawsuit challenging Nebraska's denial of driver's licenses to immigrants thrown out

By Alissa Skelton / World-Herald staff writer


A federal judge on Wednesday threw out a lawsuit challenging the state's authority to deny driver's licenses to undocumented immigrants who have received temporary authorization to live and work in the United States.

U.S. District Judge Laurie Smith Camp dismissed the case with prejudice, meaning it can't be brought back to the court.

By law, Nebraska residents must prove their lawful status before the state can issue driver's licenses.

President Barack Obama's Deferred Action for Childhood Arrivals program has allowed young immigrants who were illegally brought to the country as children to stay in the country. Nebraska and Arizona are the only states that continue to deny driver's licenses to immigrants who have received the renewable, two-year deferred action permits.

Lincoln resident Mayra Saldana, 24, sued the Nebraska Department of Motor Vehicles because she was denied a driver's license – even though she was granted deferred action under DACA, had a Social Security number and was authorized to work in the United States.

Nebraska Attorney General Jon Bruning has defended the state's denial of licenses to immigrants involved with the DACA program.

In legal filings, his office has argued that a deferred action authorization is not valid by itself and must be accompanied by a second approved document before a driver's license can be issued.

“We're pleased the court dismissed the case and recognized illegal immigrants don't qualify for Nebraska driver's licenses,” Bruning said. “Today's ruling validates the Nebraska Department of Motor Vehicle's denial of applications from those without lawful status.”

Contact the writer: Alissa Skelton
alissa.skelton@owh.com | 402-444-1066 |
Alissa is a breaking news and general assignment reporter for Omaha.com.

http://www.omaha.com/article/2014021...140219495/1707