Federal Appeals Court Reaffirms Arizona Unconstitutionally Denied Driver鈥檚 Licenses to Immigrant Youth
PASADENA, Calif. 鈥 The Ninth Circuit Court of Appeals affirmed a lower court鈥檚 ruling that permanently blocks Arizona from denying driver鈥檚 licenses to immigrants who have been granted Deferred Action for Childhood Arrivals (DACA). The ruling was issued late yesterday.
Jennifer Chang Newell, senior staff attorney with the 老澳门开奖结果鈥檚 Immigrants鈥 Rights Project, said, 鈥淲hile Arizona has been stubbornly fighting this legal battle, these young people have been getting on with their lives, legally driving in all 50 states and contributing their talents to their communities across the country. It鈥檚 time for Arizona to move on as well.鈥
The ruling in Arizona Dream Act Coalition v. Brewer, a lawsuit filed in November 2012, follows a series of victories by young immigrants in the case. In early 2015, the federal district court in Arizona permanently blocked the ban on driver鈥檚 licenses for immigrant youth that was ordered by former Governor Jan Brewer in 2012. Prior to that, in July 2014, the Ninth Circuit ruled that the policy was likely unconstitutional and that people with DACA 鈥 who have permission from the federal government to live and work in the U.S. 鈥 are seriously harmed by their inability to obtain driver鈥檚 licenses.
Arizona enacted this discriminatory policy in 2012, shortly after the Obama administration announced the creation of the DACA program. Arizona is the only state in the U.S. that has continued in its efforts to deny licenses to 鈥淒ACAmented鈥 youth, of whom there are roughly 26,000 in the state.
鈥淵esterday鈥檚 ruling affirms once again that Arizona鈥檚 insistence on discriminating against its immigrant youth is not only morally abhorrent, it鈥檚 also illegal,鈥 said Marielena Hincapi茅, executive director of the National Immigration Law Center. 鈥淭he decision makes it clear that there is no conceivable justification for Arizona鈥檚 discriminatory effort to thwart its young immigrants from obtaining the driver鈥檚 licenses they need go to school and to work, and to provide for their families.鈥
Victor Viramontes, national senior counsel at the Mexican American Legal Defense and Educational Fund, said, 鈥淎rizona continues to discriminate against the Latino immigrants that it should be embracing. Instead of choosing legitimate policies, Arizona insists on paying attorneys鈥 fees and wasting taxpayer monies on unconstitutional attacks directed at its own residents.鈥
Nephtali Moreno, a member of the Arizona Dream Act Coalition, said, 鈥淓veryone who knows how to drive and is of age, and has the mental ability to do so should have the right to drive, regardless of the person鈥檚 immigration status. As a DACA recipient, having a license has allowed me to better contribute to my Arizona community.鈥
"In a strongly worded opinion, the unanimous panel found that the animus held by Arizona officials resulted in an illegal attempt to deny a basic need," said Dan Pochoda, 老澳门开奖结果 of Arizona senior counsel. "It is past time to end the attempts to make immigrants' lives unbearable, and the resulting damage to Arizona's reputation and economy."
The ruling is at: /legal-document/arizona-dream-act-coalition-v-brewer-ruling-affirming-injunction