Arizona’s policy of denying driver’s licenses to men and women who came to the U.S. illegally as young children was blocked by a federal appeals court in San Francisco, which stated the measure is possibly unconstitutional.
The policy most most likely violates equal protection rights of people covered under the federal “Deferred Action for Childhood Arrivals” plan, the court mentioned these days, approving a temporary order blocking enforcement although a legal challenge to the policy proceeds.
Arizona Gov. Jan Brewer, who backed the state’s very first- of-its-type crackdown on undocumented immigrants in 2010, referred to as the deferred action plan a “lawless directive” that does not give immigrants “authorized presence” in the U.S.
“It is outrageous, though not entirely surprising, that the Ninth Circuit Court of Appeals has once once again dealt a blow to Arizona’s capacity to enforce its laws,” Brewer, a Republican, stated in an e-mailed statement. “The ruling is specially disturbing given the present influx of illegal aliens, a crisis President Obama designed and escalated.”
The quantity of unaccompanied, undocumented children crossing the U.S. border with Mexico is on the rise. Much more than 52,000 unaccompanied young children have arrived at the border this fiscal year even though June 15, about double the quantity in a related period in 2013, according to data from the U.S. Customs and Border Protection.
Obama on June 30 asked Congress for emergency funds and legal authority to stem the increasing flow of kids into the U.S. and mentioned legislation may be necessary to increase penalties for folks smuggling them.
The 2012 “deferred action” initiative lets any person who came to the U.S. illegally ahead of age 16 and is in school, has no criminal record and meets other requirements remain in the country and obtain a perform permit.
The 3-judge panel said beneficiaries of the program in Arizona were likely to succeed on the merits of their lawsuit claiming the state’s rules prohibited them from getting driver’s licenses are illegal.
The U.S. Supreme Court scaled back parts of Arizon’s 2010 immigration law, ruling the federal government has exclusive authority to set immigration policy.
“After but another loss in court, Arizona need to cease its senseless battle against immigrants,” Victor Viramontes, an lawyer with the Mexican American Legal Defense and Educational Fund representing 5 individuals suing Arizona, stated in an e-mail.
Brewer stated she was contemplating options to appeal today’s ruling.
The case is Arizona Dream Act Coalition v. Brewer, 13-16248, U.S. Court of Appeals for the Ninth Circuit (San Francisco).
Copyright 2014 Bloomberg.
Court Ruling States Arizona Can’t Deny Immigrants Driver’s Licenses
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