Illegals Sue for Drivers Licenses

[varelse]

Arizona Gov. Jan Brewer is in the news again. She issued an executive order to state employees at the Dept. of Motor Vehicles (DMV) not to issue driver licenses to illegal aliens whose deportations have been suspended by President Barack Obama’s executive order. Now some illegal aliens have sued, demanding to be issued those licenses.

Fact Check: Lawsuit on AZ Denying Drivers Licenses to Illegal Aliens

 

[ShootSpeeders]

Now look for the SCOTUS to invent the right of illegals to have drivers licenses just like they invented their right to free k-12!!!

BTW - It is a violation of federal law USC 1324 to encourage illegals to live here and giving them DLs does that. If the violation results in a death (as thru drunk driving), the violator can be executed!!!. These legislators should think about that.

 

[ShootSpeeders]

Try invading mexico illegally and demand a drivers license and tell us how that works out.

 

[OriginalShroom]

Getting a driver's license is a privilege and not a right

 

[slackjawed]

This has been in thelical news for awhile here in arizona.

The lawsuit is based on an executive order allowing some illegals to stay if they fall into certain narrow catagories.
Gov. Brewer issued her own executive order to deny those people drivers licenses. She did this because arizona state law doesn't allow non-citizens drivers licenses.

The lawsuit will basically test the power of presidential executive orders.
On one side you have a president that seems to think an executive order is a legitimate law. On the other you have a governor who disagrees.
Sent from my SCH-I500 using Tapatalk

 

[OriginalShroom]

Immigration Vote Splits Gang of 8 : Roll Call News

The Senate’s bipartisan immigration working group split along party lines during a contentious budget vote to prevent illegal immigrants who receive legal status from receiving federal health benefits.

The Senate early Saturday morning defeated the amendment to the budget resolution which would have put the Senate on record as opposing access to health care under Medicaid or the Affordable Care Act for undocumented immigrants who get a green card.

The amendment, which failed 43 to 56, was offered by Senate Budget ranking member Jeff Sessions, R-Ala.
All Democrats — including gang members Dick Durbin of Illinois, Bob Menendez of New Jersey, Charles E. Schumer of New York and Michael Bennet of Colorado — opposed the amendment. They were joined by Sen. Susan Collins, R-Maine, and Sen. Lisa Murkowski, R-Alaska. All other Republicans — including immigration negotiators Marco Rubio of Florida, John McCain of Arizona, Lindsey Graham of South Carolina and Jeff Flake of Arizona — supported the amendment.

The gang of eight has been negotiating a comprehensive immigration reform package that they hope to unveil when the Senate returns the week of April 8 from spring recess.

Sessions contended the vote bodes poorly for the state of negotiations.

“The result of today’s vote places immigration reform in jeopardy,” Sessions said.
Immigration reform advocates, including National Council of La Raza, said Friday they would be monitoring what they contend to be any anti-immigrant votes and put members of both parties on notice that their votes would be remembered come election day.

During debate, Sessions argued that illegal immigrants who are given legal status in the future should not be eligible for these health care benefits.

“If a person is in our country illegally and they are rewarded with some legal status, do they then immediately become eligible for federal health care benefits,” Sessions said. “It’s a different situation than someone who came legally and has got legal status.”

After the vote Sessions said in a release that the failure to adopt his amendment “will dramatically accelerate the insolvency of our entitlement programs and is unfair to American workers and taxpayers.”
Menendez said the amendment was not needed because the group was working on a plan that would have to be approved by the Senate.

“Nothing is contemplated to change what the senator is concerned about in our negotiations,” Menendez said. He added that any change to the immigration laws “would have to come before this body before in fact it could be changed.”

The Senate approved by voice vote an amendment offered by Menendez that restates current law that illegal immigrants are not eligible for the federal health care programs.

Menendez also warned that adoption of the Sessions amendment could disturb immigration negotiations and goes against the stated desire of the Republican National Committee, which urged Republicans to do a better job of appealing to immigrants, including embracing comprehensive immigration reform.

Negotiation on the immigration law “is currently being done in a bipartisan fashion,” Menendez said. “The last thing we need to do in this budget process is to try muck that up.”

Remember when Obama promised illegals wouldn't be covered by Obama-care???

 

[Wyatt earp]

god damn just deport the fuckers already..

 

[OriginalShroom]

Obama has no say over the issuance of State issued Drivers licenses and the coourts have ruled that it is a privilege and not a right to get on.

Illegals in AZ won't get any for now.

 

[C_Clayton_Jones]

Arizona Gov. Jan Brewer is in the news again. She issued an executive order to state employees at the Dept. of Motor Vehicles (DMV) not to issue driver licenses to illegal aliens whose deportations have been suspended by President Barack Obama’s executive order. Now some illegal aliens have sued, demanding to be issued those licenses.

Fact Check: Lawsuit on AZ Denying Drivers Licenses to Illegal Aliens

This is especially true regarding drivers licenses. While interstate travel is a right, the Supreme Court reaffirmed in Saenz v. Roe (1999) that it is a right only of American citizens, not all human beings (such as illegal aliens). Even if it were, it doesn’t mean anyone has a right to drive a car on public roads. Driving remains a privilege granted by each state, and each state determines the criteria for who is qualified for that privilege.

One fails to see how Sáenz v. Roe is relevant, this is an equal protection issue, not an issue concerning Privileges or Immunities and the right to move freely about the country.

Although driving is a privilege, not a right, the case concerns denying residents a driver’s license based solely on their immigration status, not their ability to safely operate a motor vehicle.

This is likely an equal protection violation because the policy does not further a compelling governmental interest, lacks evidence in support of the right denied, and is clearly predicated on animus toward undocumented immigrants. Indeed, not only does the policy lack a compelling governmental interest, but it would most likely be in the interest of the state to have every driver licensed for public safety reasons.

Moreover, denying an undocumented immigrant a driver’s license absent a conviction of that crime in a court of law manifests a presumption of guilt, which would result in a due process violation as well.

“Driving remains a privilege granted by each state, and each state determines the criteria for who is qualified for that privilege.”

True, but that’s not at issue, at issue is whether or not a class of persons may be denied the opportunity of applying – regardless the outcome of that application – based solely on their immigration status, where that status may be for reasons other than being in the country illegally.

 

[C_Clayton_Jones]

god damn just deport the fuckers already..

All persons in the United States are entitled to due process, regardless their immigration status. See: Plyler v. Doe (1982).

 

[OriginalShroom]

Mr. Jones...

A good post, but let me disagree on one point. Illegals are bring denied a license because the have one thing in common, they broke immigration laws. It's not race, gender, or any other factor which is a condition the person has no or little control over. They all chose to break the law and that is the basis for the refusal.

 

[Wyatt earp]

god damn just deport the fuckers already..

All persons in the United States are entitled to due process, regardless their immigration status. See: Plyler v. Doe (1982).

so what are you saying? once they entered we are suppose to entertain the free loaders? and diminsh the job wages? they can go back to mexico.. or to hell as far as I am concerned.

 

[OKTexas]

Arizona Gov. Jan Brewer is in the news again. She issued an executive order to state employees at the Dept. of Motor Vehicles (DMV) not to issue driver licenses to illegal aliens whose deportations have been suspended by President Barack Obama’s executive order. Now some illegal aliens have sued, demanding to be issued those licenses.

Fact Check: Lawsuit on AZ Denying Drivers Licenses to Illegal Aliens

This is especially true regarding drivers licenses. While interstate travel is a right, the Supreme Court reaffirmed in Saenz v. Roe (1999) that it is a right only of American citizens, not all human beings (such as illegal aliens). Even if it were, it doesn’t mean anyone has a right to drive a car on public roads. Driving remains a privilege granted by each state, and each state determines the criteria for who is qualified for that privilege.

One fails to see how Sáenz v. Roe is relevant, this is an equal protection issue, not an issue concerning Privileges or Immunities and the right to move freely about the country.

Although driving is a privilege, not a right, the case concerns denying residents a driver’s license based solely on their immigration status, not their ability to safely operate a motor vehicle.

This is likely an equal protection violation because the policy does not further a compelling governmental interest, lacks evidence in support of the right denied, and is clearly predicated on animus toward undocumented immigrants. Indeed, not only does the policy lack a compelling governmental interest, but it would most likely be in the interest of the state to have every driver licensed for public safety reasons.

Moreover, denying an undocumented immigrant a driver’s license absent a conviction of that crime in a court of law manifests a presumption of guilt, which would result in a due process violation as well.

“Driving remains a privilege granted by each state, and each state determines the criteria for who is qualified for that privilege.”

True, but that’s not at issue, at issue is whether or not a class of persons may be denied the opportunity of applying – regardless the outcome of that application – based solely on their immigration status, where that status may be for reasons other than being in the country illegally.

You can be denied a drivers license or a passport for not paying child support and you contend that being in the state illegally is not sufficient reason to deny similar privileges? The administrations refusal to deport these people does not alter their illegal status, they has no authority under current law to grant legal status to a whole class of illegals. Policy does not trump law.