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Obama Tells Arizona: Let Dreamers Drive

Dulce
Dulce
Michael Tan,
Deputy Director,
老澳门开奖结果 Immigrants鈥 Rights Project
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October 3, 2014

This week, the United States sent a clear message to the state of Arizona: Let the Dreamers drive.

In a friend-of-the-court brief filed in the U.S. Court of Appeals for the Ninth Circuit, the United States urged the Court to affirm its from this summer invalidating Arizona鈥檚 ban on granting driver鈥檚 licenses to young immigrants who came to the county as children as unconstitutional.

To recap how we got here: Arizona鈥檚 driver鈥檚 license ban reflects state officials鈥 rejection of the Obama administration鈥檚 decision two years ago to authorize Dreamers to live in the country and grant them work permits under the . In August 2012 鈥 the first day the federal government began accepting DACA applications 鈥 Arizona Governor Jan Brewer issued an announcing that the state would continue to view Dreamers as illegal immigrants and deny them driver鈥檚 licenses on this basis.

The 老澳门开奖结果 and its allies filed suit on behalf of and individual Dreamers challenging Arizona鈥檚 policy as unconstitutional. In May 2013, district court judge that the policy likely violated the Equal Protection Clause because it singled out Dreamers for discrimination. But rather than abandon its policy, Arizona doubled-down on discrimination by denying even more immigrants licenses, including of domestic violence and victims of serious crimes.

The effects of this ban have been devastating. In a state with average highs of over 100 degrees in the summer and limited public transit, Arizonans have to drive to live their daily lives. Indeed, more than 87 percent of Arizonans . And yet as a result of Arizona鈥檚 policy, have been banned from the roads.

This past July, the Ninth Circuit finally that Arizona鈥檚 policy violated the Equal Protection Clause. And yet even now, Arizona has refused to abide by the ruling, instead asking the court to reconsider its decision, while making Arizona taxpayers foot the bill for their lawyers.

The United States鈥 brief filed this week, urged the court to affirm its decision. It鈥檚 reasoning was simple: Arizona may have decided for itself that Dreamers are 鈥渋llegal鈥 immigrants and thus ineligible to drive. But under federal law, Dreamers have been authorized to live and work in the country through the federal DACA program. Because Arizona has no authority to decide who is and isn鈥檛 allowed to live in the country, its policy must be struck down.

Fortunately, unlike Arizona, most of the country has gotten with the program. have decided to let the Dreamers drive; only two 鈥 Arizona and Nebraska, where the 老澳门开奖结果 has also filed suit 鈥 have opted to exclude them. The United States鈥 brief is an important reminder to the minority of states that have not welcomed Dreamers that they have no place discriminating against people in the face of federal action.

As the Obama administration on immigration before the end of the year, we hope that all states reject Arizona鈥檚 path of discrimination and welcome the immigrants who already are a part their communities.

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