Gov. Jan Brewer lost a round in federal court earlier this week, when the Ninth Circuit Court of Appeals granted an injunction blocking the state from enforcing her policy of denying driver’s licenses to so-called DREAM Act youngsters.
Brewer announced in 2012 that the Arizona Department of Motor Vehicles wouldn’t give licenses to teens and young adults who qualify for the Obama administration’s Deferred Action for Childhood Arrivals program, which shelters young undocumented immigrants from deportation as long as they arrived here as children and stay out of trouble.
Brewer was sued by a coalition of groups, including the ACLU, National Immigration Law Center and the Mexican American Legal Defense and Educational Fund, who argued that the policy violated the U.S. Constitution’s Equal Protection Clause.
Ninth Circuit justices ruled on Monday, July, 7, that there was “no rational relationship between (Brewer’s) policy and a legitimate state interest” and ordered the U.S. District Court in Phoenix to grant an injunction that prevents the state from following Brewer’s orders to withhold the driver’s licenses.
The lawsuit must still go to trial, but the Ninth Circuit noted that attorneys for DACA enrollees had “established a likelihood of success on the merits of their Equal Protection Clause claim.”
Brewer vowed to keep fighting in court, saying on her Facebook page that the appeals court “refused to allow me to follow the rule of law.”
Among the Republicans who are running for Brewer’s job this year, there was general support for Brewer’s approach.
Former Mesa Mayor Scott Smith encouraged Brewer to appeal the Ninth Circuit’s ruling to the U.S. Supreme Court.
“The Obama Administration’s unilateral declaration of its DACA policy and its unwillingness to use existing law to expedite the return of tens of thousands of illegal immigrants from Central America to their homes is creating our immigration crisis,” Smith said. “This ruling merely supports the unlawful unilateral actions of this administration, further undermining electoral confidence in Washington’s ability to address this crisis in a just, appropriate and serious manner.”
State Treasurer Doug Ducey said “the Ninth Circuit has once more trampled over states’ responsibilities. I hope this decision is appealed to the Supreme Court.”
Secretary of State Ken Bennett said he expects “the ruling will be appealed” and sided with Brewer, although he left the door open for relaxing the rules in the future.
“Legal presence in our country and state is a basic requirement to qualify for any state license,” Bennett said. “I would support establishing a fair and efficient process that allows these young people an opportunity to establish a legal presence and gain access to some of the rights and privileges citizens enjoy.”
We’re still waiting to hear back from candidates Christine Jones and Frank Riggs.
Democratic gubernatorial candidate Fred Duval sided with the DREAMers and promised that “the very first thing I will do after taking the oath of office will be to rescind Governor Brewer’s executive order and end this embarrassment once and for all.”
“Governor Brewer’s executive order barring DREAMers from receiving driver’s licenses is callous,” DuVal said. “It hurts families and local businesses, and it makes our streets less safe.”
This article appears in Jul 3-9, 2014.
I hope Gov. Brewer counters and makes it a “special” driver’s license that states this is not a official ID for any other purpose than operating vehicle. Maybe put wording on the back that states “dreamer” or some other designation that the person is unlawfully present in this country.
These types of polices of giving “rewards” for being illegally present in our country is what is causing the whole current crisis along the border. I am not much of a fan of Gov. Brewers. However, I supported this law. Sadly, the 9th Circuit is falling in the same lines as the White House. They are not upholding the Constitution.
Of course the Democrat candidate supports this ruling and would repeal this common sense legislation. Who I am supposed to vote for?
Good idea Mike! They could have a special designation on their ID, just like Jews in the former Soviet Union!
Trellame, comparing us actually enforcing immigration laws (like many countries) and not creating magnets that create the crisis we have now on the border is nothing like taking legal citizens and forcing them to be second class citizens.
Ha, Ken Bennett almost sounds like a moderate, but we know all the GOP candidates will try to outdo each other moving farther and farther to the right, as they throw raw meat to their base before their primary. You can be sure whoever the victor, that illegal immigration will be the #1 issue.
I hope the next governor will abandon all the fights with the federal government, concentrate on ways to move AZ out of its dismal and lethargic economic conditions, and find more money for PUBLIC education. The GOP has pretty much proven that their governance is a dead end street, and AZ really needs a shot in the arm.
Yes, because preventing DREAMers from getting a drivers license is going to save the freaking universe. Brewer has used her office for years as a platform for her personal beef with the federal government, and she doesn’t care who she hurts (namely, CHILDREN and young adults) as she pursues her agenda. And sadly, we are probably facing more of the same, in a new, but not much improved, package.
Ronni, it is just another magnet that makes illegal aliens think it was acceptable for them to break the law. I am fine with giving “DREAMERS” a chance at being legal residents in this country. They can join the military for at least 4 years. When they get out, they get a probationary legal status for 5 years. If they do not commit any major crimes, they become citizens.
I could compromise and give all DREAMERS that have not committed any major crimes or have been involved in criminal organizations legal status if we make it where they can not sponsor their family members into the country as permanent residents. The DREAMERS would have to either join the military to go to college on their own (non-tax payer funded) dime.
If Congress signed a law that gave these illegal aliens legal status, with an overall immigration reform bill, that is one thing. Brewer would not have any legal reason to not give them licenses. However, this was a executive decision that further hurt out immigration system. These executive actions are exactly why we have this crisis on the border right now.
I’d take trellame’s idea a step further, make all illegals wear a symbol on their sleeves to identify them easily, like a star or something….
Then we should seize all Latin-american owned beauty salons as its well known the hair of a south american is infectious
Maybe some special camps could be established where they can live and work together to further the progress of the Reich, or I mean the State of Arizona
All of the ads for Rs running for Gov that I have seen or heard sound as if the candidates are running for head of Homeland Security instead of the Governor of a border state. They are all trumpeting failed, unconstitutional policies that will cost AZ millions of dollars and do nothing to improve life here for any of us. They will only guarantee that AZ remain a punchline on the news shows.
I find it assuming that when anyone states the logical idea of wanting not to reward people that are illegally living in this country and put actual legal residents/US citizens first is compared to the Nazis. There is nothing wrong wanting a special DL for DREAMERS. Until Congress and the President get off their butts and fix our border/immigration system, the DREAMERS are still illegally present in the country. We need Washington to get serious about the border, immigration and more importantly our need for good paying jobs.
The only reason why I do not support SB 1070 was because it came from the American Legislative Exchange Council (ALEC) to help give more “customers” to the private prison industry in Arizona. Even if I think it is a good law, I will not support anything coming out of ALEC. However, there was nothing wrong for a bill allowing them to detain a person they reasonably believe is present in the US illegally. The police can detain people that reasonably believe broke any other law, why should we not allow them to detain for immigration laws? The reason why ignorant people through the “race” card was because they did not even read the law.
It seems to me that polices Arizona enacted like SB 1070 is the reason why Texas is getting hit by thousands and Arizona has feel to a distance second when it comes to illegal aliens crossing the border. I would hardly call that “failing.”