Arizona Could Face Federal Immigration Lawsuit

by Martin Arguello

The actions of both the current and former governors of Arizona have become the focus of a potential federal immigration lawsuit. The immigration lawsuit focuses on the state’s policy of denying driver’s licenses to undocumented immigrants who qualify for deportation deferments. These immigrants also qualify for work permits, allowing them to work legally in the U.S. while their immigration status is determined. The policy of denying driver’s licenses to these immigrants started under former Governor Jan Brewer and has continued under current Governor Doug Ducey.

Deferments Spur Immigration Lawsuit

The deferments were granted under executive orders from President Barack Obama in 2012. One of these executive orders allows minor children of undocumented immigrants to have their deportation hearings deferred for up to three years. Another order allows parents of children who have become U.S. citizens or legal U.S. residents to have their deportation hearings deferred. The attorneys general for 26 states, including Arizona, have filed their own immigration lawsuit to have those orders overturned.

Arizona Policies Prompt Immigration Lawsuit

After President Obama signed his executive orders, then-Governor Brewer drafted a policy that would deny immigrants who qualified for the deferment the ability to obtain an Arizona driver’s license. The governor expanded the ban to include immigrants who qualified for deportation deferments for other reasons, including victims of human trafficking and domestic violence. A previous immigration lawsuit found that the ban was illegal, but Gov. Brewer kept the policy in place for those immigrants not affected by the executive orders. When Gov. Ducey took office in January, he continued the policy.

Immigration Lawsuit About “Common Sense”

The overturned ban affected more than 20,000 immigrants, while the current ban affects about 600 immigrants. The driver’s license ban limits the immigrants’ ability to find work, travel to job sites, and contribute to their new communities. The immigration lawsuit on behalf of these immigrants seeks to overturn the license ban as a whole. An attorney for the National Immigration Law Center in Los Angeles stated that “it’s just common sense” for the state to revoke the ban.

Immigration Lawsuit Could Affect Workers

News reports have shown that, prior to the immigration lawsuit against the President, Arizona had issued driver’s licenses to non-citizens with federal work permits. Marco Gonzales was one of those previous recipients whose recent application for a license renewal was denied due to the ban. He told local reporters that he had been approved for a driver’s license every year for the last 12 years, but was denied this past January. He said that he hopes the federal immigration lawsuit will overturn the ban and enable him to drive legally again.

Source: AZCentral.com

Get Answers For Your Immigration Lawsuit Questions

To find out how we can answer your questions about your immigration lawsuit, contact one of our attorneys today. Our intake team will take down the details of your case, connect you to an attorney who understands immigration lawsuits, and explain how one can affect your immigration status. You can also fill out the “Free Case Evaluation” form at the top of this page.

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