Injunction to Stop AZ Ban on DACA Recipients Getting Driver’s Licenses Made Perm

Injunction to Stop AZ Ban on DACA Recipients Getting Driver’s Licenses Made Perm

By Edward Shulman (452 words)
Posted in DAPA/DACA on March 06, 2015

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United States District Court Judge David G. Campbell made permanent an injunction against the enforcement of Arizona’s ban keeping DACA recipients from qualifying for driver’s licenses.  The Deferred Action for Childhood Arrivals program was instituted back in 2012 by the Obama administration to allow certain children brought here through no choice of their own by parents who were undocumented immigrants to receive a temporary deferral from deportation and a work permit for that same duration.   Subsequently, the Arizona legislature passed and its governor signed a law prohibiting such recipients from getting licenses in that state.

The American Civil Liberties Union filed a suit in federal court in Phoenix to obtain an injunction to block the law. After Judge Campbell issued a temporary restraining order staying the law’s effect, his decision was approved by the Ninth Circuit Court of Appeals before the U.S. Supreme Court allowed that decision to stand. Eventually the case came back to the District Court level wherein the judge, determining that the law would cause “irreparable harm: if it were to go in to effect, decided to make the injunction permanent. Hence, the Arizona ban has no effect.

According to the ACLU’s attorney handling the case, this should mark the end of the litigation. Although the State of Arizona has the right to appeal this decision as well, he believes it is unlikely. For Arizona residents possessing DACA permits (a/k/a “Dreamers”), they can legally obtain driver’s licenses in the state without fear they will be revoked.

The issue sparked great controversy with supporters of the law expressing concern that the licenses could be used to seek other governmental benefits to which they are not entitled and opponents of the ban worried that, without driver’s licenses, the Dreamers would not be able to provide for their families. 

The Shulman Law Group endeavors to ensure its clients be kept abreast of all significant developments relating to the process of immigration to the United States, including the manner in which parallel legal proceedings may impact immigrants.. Edward Shulman, Esq, founder of The Shulman Law Group, LLC is a national speaker for the American Immigration Lawyers Association (AILA).  AILA is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, and to advance the quality of immigration and nationality law and practice.  In the course of Mr. Shulman's involvement with AILA, he has been dedicated to educating other immigration attorneys about the import of helping intending immigrants to navigate a new cultural system. He meticulously follows all of the developments occurring in the battle over immigration reform so that he will be prepared to effectively assist his clients obtain residency if a new system is enacted.

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