Governor Jan Brewer's executive order that prevents certain immigrants from getting driver's licenses is running on fumes after a series of court losses.
A federal appellate court decision earlier this year called for a temporary end to Brewer's order, and after a series of appeals by the Brewer administration, immigrants granted deferred action by the Obama Administration could get Arizona driver's licenses as early as a week from now.
"They're doing whatever they can to delay the implementation," ACLU of Arizona executive director Alessandra Soler tells New Times.
Brewer's spokesman confirmed that the state is appealing this decision to the Supreme Court, and is also seeking a stay on the implementation while the Supreme Court case is pending.
Soler says the ACLU believes it's "very unlikely" the Supreme Court would issue such a stay.
"It's time for the state to stop wasting taxpayer dollars defending this discriminatory policy," she adds.
Brewer created the executive order over her apparent disagreement with the Obama Administration's Deferred Action for Childhood Arrivals (DACA) program, explaining that her move was to prevent "illegal people" from getting driver's licenses. However, her ban didn't include other non-citizens who have been allowed to get Arizona driver's licenses for years. After it became clear that the policy discriminated against a certain group of immigrants, Brewer's administration then revised the policy by extending the ban to more non-citizens, although they'd previously been able to obtain a license without any such trouble from Brewer.
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An appeals court panel issued that preliminary injunction against Brewer's policy earlier this year "prohibiting Defendants from enforcing any policy by which the Arizona Department of Transportation refuses to accept Plaintiffs' Employment Authorization Documents, issued to Plaintiffs under DACA, as proof that Plaintiffs are authorized under federal law to be present in the United States." That injunction would go into effect next week assuming there's no stay from the Supreme Court.
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