Bid to stop limits on immigrant driver's licenses rejected
Plaintiffs in lawsuit say DPS doesn't have authority to issue restrictions on licenses for certain immigrants. Enlarge Photo David Hinojosa is lawyer for plaintiffs.


More .By Claire Osborn AMERICAN-STATESMAN STAFF

Published: 8:31 p.m. Thursday, Dec. 31, 2009


The 3rd Court of Appeals this week declined to stop the Texas Department of Public Safety from placing restrictions on driver's licenses issued to immigrants.

A lawsuit filed in January by a Dallas landscaping company and others alleges that the DPS does not have the legal authority to use eligibility requirements for immigrants trying to get driver's licenses. The case also claims that the temporary licenses the DPS issues to immigrants seeking legal status are harmful.

The appeals court ruled against a request for a temporary injunction against the DPS. The case now returns to district court to be tried.

"This is a setback \u2026 but it is not the end of the case," said David Hinojosa, an attorney for the Mexican American Legal Defense and Educational Fund , which represents the plaintiffs.

According to DPS rules, a person is not eligible for a Texas driver's license if the person's visa is valid for less than one year or if the person has a visa with less than six months remaining on it, Hinojosa said. If a person's visa is valid for a year or more, the DPS issues a temporary license with "Temporary Visitor" on it, Hinojosa said.

The DPS also issues temporary licenses to people seeking legal status, including political asylum, he said.

The temporary licenses are harmful, Hinojosa said Thursday.

"We have learned that truck drivers are unable to enter into certain areas because they have a temporary driver's license, or some people are unable to gain employment because of temporary licenses," he said.

In its ruling Monday, the 3rd Court said the plaintiffs failed to identify any legal effect the temporary licenses had on the people who received them.

"It is undisputed that the vertically oriented driver's licenses, including the 'Temporary Visitor' designation, remain valid Texas driver's licenses, despite their non-standard appearance," the court said in the ruling.

Tom Vinger, a DPS spokesman, said he could not comment on pending litigation. None of the attorneys in the Texas attorney general's office, which represents the state in this case, were available for comment Thursday afternoon.

One of the plaintiffs in the case is Green Meadows Landscaping Inc., a Dallas-area company that says because its workers are issued 10-month visas, they are ineligible for Texas driver's licenses. That hurts the company's business because the workers who are foremen need to be able to drive work crews from one site to another but cannot do so without licenses, according to the lawsuit.

cosborn@statesman.com



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