State sued over denying driver's licenses to illegal immigrants

UPDATED 3:22 PM CDT Jun 04, 2013

OMAHA, Neb. —The state of Nebraska is facing a federal lawsuit for denying driver's licenses to young illegal immigrants.




The case against the Department of Motor Vehicles was filed by a 24-year-old college student named Mayra Saldana on Friday.
The feds granted her deferred action last year, which means she can legally live and work in the United States without the worry of deportation.
She and others like her said thanks to Gov. Dave Heineman, DMV offices are denying them permits and licenses, which violates the United States Constitution.
-- Read the lawsuit
Saldana has employment authorization and a Social Security number, but she doesn't have a driver's license.
Like Saldana, Fatima Flores is one of the estimated 1,400 people in Nebraska who received deferred action from the federal government in the past 11 months.
Flores, who works as a bank teller and will soon graduate college, says she just wants to drive and the state has no business holding her back.
Nebraska and Arizona are the only states that deny young illegal immigrants driver's licenses.
Six months ago, U.S. Citizenship and Immigration Services clarified that individuals granted deferred action are "lawfully present" in the United States. At the same time, the agency said those individuals do not have "lawful status" in the country.
"I understand the whole balance of powers and how each state works as their own little government, but I don't know why in Nebraska they can't just allow that. It makes no sense to me," Flores said.




Flores' attorney, Bassel El-Kasaby, is not only fighting for her, he's serving as an expert witness in Saldana's case, saying the state is crossing a legal line.
"They want to take a stand on the issue and get into the business of interpreting federal immigration law, which is really clearly not their business," El-Kasaby said.
The attorneys handling the Saldana case said Nebraska is crossing its own line since the state has had a longstanding policy of issuing driver's licenses to people who have been granted deferred action.
They question why Saldana and Flores are any different.
"It's something that everybody deserves, I believe," Flores said.
In a statement to KETV NewsWatch 7 on Tuesday,Shannon L. Kingery, spokeswoman for Attorney General Jon Bruning, said, “Our office was served today. Our response is due on June 25, 2013. The Nebraska Department of Motor Vehicles is our client and we will defend the lawsuit.”
Heineman, who has repeatedly said he would not allow any illegal immigrants to get a license, did not comment on the case.

http://www.ketv.com/news/local-news/...z/-/index.html