US Court of Appeals Sides with DREAMers (No Surprise: Brewer Looking at Options)

Could sanity be returning to Arizona? Today, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of immigration advocates and against Arizona Gov. Jan Brewer’s policy denying driver’s licenses to DREAMers who’ve qualified and filed for federal deportation deferrals.

From The Hill:

Brewer had issued an executive order in August 2012 directing state agencies to deny these public benefits to young immigrants who received work permits under Deferred Action for Childhood Arrivals (DACA).
In May 2013, a U.S. District Court judge rejected immigration advocates’ arguments that the policy violated federal law. However, the judge noted that Arizona continued to grant other immigrants who didn’t qualify for DACA driver’s licenses, suggesting that the state was treating people unequally.

Late last summer, Arizona altered the program and said it would stop issuing driver’s licenses to all people who receive deportation deferrals, not just young people who qualified under DACA.

The court, though, still found the policy resulted in unequal treatment.

President Obama announced the DACA program in June 2012, which delays deportations for two years under certain guidelines. Recipients, for instance, must have come to the U.S. before they turned 16, must be younger than 30, and have been in the U.S. for at least five consecutive years. They also must currently be in school or have graduated from high school, a GED program or served in the military.

Nebraska has a similar policy in place in which driver’s licenses are denied to DACA recipients. A federal judge tossed out a lawsuit challenging the law earlier this year. The judge said a DACA recipient failed to provide sufficient evidence showing the Department of Motor Vehicles failed to follow Nebraska’s policies over issuing licenses to people who were granted deferred action.

Brewer chimes in after the jump.

From the Gov’s Facebook page:

Unfortunately for Arizona, President Obama with his lawless decrees and the 9th Circuit Court of Appeals disagree.

Earlier today, a three judge panel, appointed by Presidents Carter, Clinton and Obama, refused to allow me to follow the rule of law and enforce Arizona law that denies driver’s licenses to people who are here illegally.

Lawless decrees by the President demonstrate animus to Congress, states and the Constitution. It is outrageous, though not entirely surprising, that the Ninth Circuit Court of Appeals has once again dealt a blow to Arizona’s ability to enforce its laws.

With today’s decision, the court disregarded judicial precedent and procedure. This continues us down a dangerous path in which the courts and the President — not Congress — make our nation’s laws.

The ruling is especially disturbing given the current influx of illegal aliens – a crisis President Obama created and escalated.

The American people are tired and disgusted by what is happening through our federal government today, but they can be assured that Arizona will continue to fight for the rule of law.

I’m analyzing options for appealing today’s misguided court decision.

This article appears in Jul 3-9, 2014.