9th Circuit Overturns AZ Ban on Drivers Licenses for Dreamers

The 9th Circuit Court of Appeals today reversed a lower court's refusal to grant a preliminary injunction against Arizona's ban on issuing driver's licenses to Dreamers who have been granted permission under President Obama's Deferred Action for Childhood Arrivals program (background here) to remain in the U.S. and avoid deportation for up to two years.

The opinion is here. It says the Dreamers are likely to prevail on an equal protection challenge to the ban, and will suffer irreparable harm if the injunction isn't granted. It ordered the Arizona Department of Transportation to provide licenses to those in that program.

According to the U.S. Citizenship and Immigration Services, 642,685 young people have been approved for the program since 2012, including 20,000 from Arizona. (statistics here.)

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  • Display: Sort:
    ID? (none / 0) (#1)
    by thomas rogan on Mon Jul 07, 2014 at 10:54:45 PM EST
    Can Arizona ask for the same proof of identity that they require of "documented" US residents who seek a driver's license?

    If it's anything like Virigina (none / 0) (#2)
    by jbindc on Tue Jul 08, 2014 at 08:01:43 AM EST
    I had to show 4 documents (they wouldn't just take the fact that I was turning in a Michigan driver's license at the time).  I had to show:

    1. Two proofs of identity (my Michigan DL was one, and something else);
    2. Proof of Legal Presence (my birth certificate)
    3. Proof of Viriginia residency (a utility bill); and
    4. My SS card (or statement).

    What a pain!

    Seriously... (none / 0) (#3)
    by kdog on Tue Jul 08, 2014 at 09:30:44 AM EST
    they've gone mad at the NYS DMV as well.  I had to recently prove (again) I am who I says I am. Expired drivers license and passport wasn't enough, they sent me home for my SS card and birth certificate.  Then they didn't want to accept my SS card because it's a little banged up from being through the washing machine once or twice.  It took a manager coming over to ok my transaction, with instructions to get a new SS card asap.  Senseless and infuriating paper fetish they got down there...so stupid.

    it may be a pain (none / 0) (#4)
    by nyjets on Tue Jul 08, 2014 at 09:50:05 AM EST
    However it does make sense. Identity threat is a real problem. So it makes sense that they want to make sure you are who you say you are.
    Now, with foreigners now eligible for driver licenses, they will probable be even more stringent.

    The problem (5.00 / 1) (#10)
    by Ga6thDem on Tue Jul 08, 2014 at 11:02:22 AM EST
    is that this kind of stuff makes identity theft EASIER. The more people that have their hands on the real documents the more likely you are to have your identity stolen.

    Except in my case (none / 0) (#5)
    by jbindc on Tue Jul 08, 2014 at 09:56:28 AM EST
    I had a valid driver's license from another state (with my picture on it).

    All they really need is that plus proof of residency - like my utility bill.

    They didn't need 5 forms of ID.


    fair point (none / 0) (#6)
    by nyjets on Tue Jul 08, 2014 at 09:59:44 AM EST
    I am surprise in this case they gave you a problem.
    Especially if the license was still current.

    And Let's Not Forget... (5.00 / 1) (#15)
    by ScottW714 on Tue Jul 08, 2014 at 04:07:54 PM EST
    ...most of the documentation they require could be printed on a home printer.  SS Card and BC, even with a stamp, are so easily forged it's ridiculous.

    I have my original SS Card, around 40 years old that I laminated, which you aren't suppose to do, but it looks like something one might create in 7th grade art class.  And my Stamped BC looks like it's about 5 atoms from completely disintegrating and never had an issue with it.

    The problem is that SS card was never suppose to be used for identification other than SS, so it was simple.

    Can't remember what I needed in Texas, but I do remember thinking, 'that's it ?'

    Not taking a passport is insane as it's easily the hardest document to replicate, not that it can't be done, but it can't can be done with a printer and an Office Depot stamp.


    TN did the same thing (none / 0) (#7)
    by jimakaPPJ on Tue Jul 08, 2014 at 10:09:35 AM EST
    when  I moved back in 2004.

    I had zero problem because I called and asked what was needed.


    I looked online (none / 0) (#8)
    by jbindc on Tue Jul 08, 2014 at 10:18:56 AM EST
    And took what I thought they needed.

    Turned out they needed more.


    It was (none / 0) (#9)
    by Ga6thDem on Tue Jul 08, 2014 at 11:00:15 AM EST
    the same freaking nightmare here in GA and I have had a GA license for 25 years. Just to renew my license I had to show all of that.

    It's almost like... (5.00 / 1) (#11)
    by kdog on Tue Jul 08, 2014 at 11:06:02 AM EST
    the states want people to drive without a license and insurance.  Which is counterproductive to the whole point of having a DMV, road safety and regulation.  It's not supposed to be the Department of Paper-Checking.

    Or (5.00 / 1) (#12)
    by squeaky on Tue Jul 08, 2014 at 12:06:33 PM EST
    Like the airport the game is rigged against the peace abiding citizens and the bad guys can get through easy, because they know how to foil the system.  

    Small minded approach, terrorizing the little people.


    Oh, I know. It is a cash cow. All those (none / 0) (#13)
    by oculus on Tue Jul 08, 2014 at 12:14:11 PM EST
    citations.  [Snk.]

    One thing for sure... (none / 0) (#14)
    by kdog on Tue Jul 08, 2014 at 01:24:51 PM EST
    the car and the road don't care where you were born. Why should the DMV?

    Or at least change the name for accuracy, the Dept. of Identity Verification and Paper Issuance.


    SITE VIOLATOR! (none / 0) (#17)
    by caseyOR on Wed Jul 09, 2014 at 11:53:41 AM EST
    Boilerplate compliments to Jeralyn, but compliments nonetheless.