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9th Circuit Rules ‘Dreamers’ Can Get AZ Drivers Licenses

From Arizona’s East Valley Tribune:

Court rules ‘dreamers’ can get Arizona driver’s licenses

By Howard Fischer | July 7, 2014

Calling the state policy motivated by animosity, the 9th U.S. Circuit Court of Appeals on Monday ordered that “dreamers” who the federal government allow to work in this country also be issued Arizona driver’s licenses, at least for the time being.

So the motives of a policy matter in law? Who knew?

But more importantly, the 9th Circuit said that these ‘Dreamers’ can’t be denied a drivers license, which under our laws is merely a privilege granted by the state and not a right. So how on earth will they ever be prevented from voting? Especially, once they begin paying taxes. (‘No taxation without representation’ is a core doctrine of this country.)

In a unanimous decision, the court rejected arguments by Gov. Jan Brewer that she was entitled to issue an executive order two years ago denying licenses to those in the federal government’s Deferred Action for Childhood Arrivals program.

Imagine, the nerve of Gov. Brewer trying to legislate via executive order.

The court ordered U.S. District Court Judge David Campbell, who had initially denied an injunction on behalf of the dreamers, to direct the state Department of Transportation to provide licenses to those who are in that program…

Will they have to buy car insurance, too? (Just kidding. Of course not.)

The governor, however, intends to fight on, calling the DACA program “President Obama’s lawless directive.” In a prepared statement, she said Obama and his Department of Homeland Security are legally powerless to grant any rights, including the right to drive, to these dreamers.

“Only Congress can do that,” Brewer said…

Brewer takes the position that a 1996 Arizona law allows licenses to be issued only to those “authorized” to be in this country and that the decision by the president and the Department of Homeland Security not to deport them does not make their presence “authorized,” even if they are given work papers…

Ms. Brewer is living in the age ‘Before Obama.’ Apparently, His Royal Majesty can do whatever he wants.

This article was posted by Steve Gilbert on Tuesday, July 8th, 2014. Comments are currently closed.

4 Responses to “9th Circuit Rules ‘Dreamers’ Can Get AZ Drivers Licenses”

  1. BannedbytheTaliban

    This court has used an illegal executive action as justification to deem a legal executive action illegal. What a dangerous precedent. When will the rule of law for the government be re-established in America?

  2. captainfish

    I’m sorry, but how does federal law dictate the state level driver’s licenses? A state does not have to issue driver’s licenses at all. how is this a federal matter?

    This line between federal and state control seems to be disappearing. Sadly, to the detriment of states. And its people.

    If a Fed official can dictate what a state MUST do, (as we’ve seen a Fed official telling people what they MUST do) and it is backed up by the other 2 branches of gov’t, then what other recourse do people have besides that which is enshrined in our Declaration?

  3. canary

    “Only Congress can do that,” Brewer said…” No, it’s up to each state to determine all driving laws, ages, insurance requirements, education, safety inspection laws, fines, penalties, punishments, etc. etc.

  4. canary

    Solution to aid Arizona to in preventing dreamers from driving. Some states require reading test.

    Forbes- 27 States w/ edcuational/& or attendance requirements before they can drive.

    No Pass, No Drive: Effective Answer To Dropout Epidemic?

    In 1988 West Virginia passed a law aimed at keeping high school students in school by tying their driving privileges to attendance.

    Today, 27 states have “No Pass, No Drive” policies to counter truancy and dropouts.

    Moreover, some states have expanded their policies to include student academic performance and behavior, as well as attendance.

    Five states require teenagers to maintain a minimum academic status.

    Two states require a minimum proficiency level on standardized tests.

    In addition, eight states revoke driving rights to students based on poor behavior, such as suspensions or criminal activity.

    … Moreover, students can have no more than 10 consecutive or 15 unexcused absences per year before they lose their driving privileges.

    In addition, in Arkansas, students must maintain a minimum grade point average of 2.0, or a “C” average, in order to be eligible to drive.

    While Delaware has no academic requirements, its truancy policy is the strictest in the land.
    After three unexcused days in a school year, students are considered truants, at which point a court has the right to revoke their driving privileges.

    Expelled students can also have their licenses suspended.

    Moreover, a recent study concluded that NPND laws were particularly effective with African-American boys, who historically have had the highest risk of dropping out of high school. In their paper, “No Pass No Drive: Education and Allocation of Time,”

    http://www.forbes.com/sites/ja.....he-answer/

    In my state they do enforce the policy and give heads up to parents and students in elementary school that they have to pass a reading test in a higher grade and there are no make-up tests.
    They also have pay two to three hundred dollars for drivers ed school of they want to drive at 16.


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