Jan Brewer's Anti-DACA Driver's License Policy Halted by Appeals Court
Matthew Hendley

Jan Brewer's Anti-DACA Driver's License Policy Halted by Appeals Court

A federal appeals court has temporarily halted the state from enforcing rules that prevent participants in the Obama Administration's Deferred Action for Childhood Arrivals (DACA) program from receiving driver's licenses.

Governor Jan Brewer had implemented that policy by executive order in 2012, and it wasn't long before it drew a lawsuit from civil-rights groups.

See also:
-Order to Deny Driver's Licenses for Deferred Action Recipients Earns a Lawsuit
-Jan Brewer Broadens Hateful Driver's License Ban Beyond DREAMers

Brewer explained the move was to prevent "illegal people" from getting driver's licenses, but her ban didn't include other non-citizens who are allowed to get Arizona driver's licenses.

The lower court didn't grant an injunction against the policy, however, the federal judge noted that the plaintiffs did have a good likelihood of succeeding in their claim that the policy violates the constitutional right of equal protection.

Faced with this, Brewer's administration then revised the policy, extending the ban to more non-citizens, although they'd previously been able to obtain a license without any such trouble from Brewer.

The appeals court panel still issued a preliminary injunction against Brewer's policy "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."

The injunction against Brewer's order will remain in place until further judgment is made in the case.

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