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Brewer v. Obama: AZ Won’t Issue Driver’s License To DACA Workers

By: Timothy Sutton, Communications Editor

The State of Arizona behind Governor Jan Brewer has made their position clear, they do not support Deferred Action Childhood Arrivals. Brewer signed her own executive order to “defend” Arizona from President Obama’s Deferred Action Program. Executive Order 2012-06 alleges that because DACA workers are not given lawful status, but merely deferred status, DACA recipients can be legally denied the right to obtain a driver’s license or any public benefit.

Brewer justifies her executive order as a defense against DACA which she refers to as “federal paperwork,” that will result in “significant and lasting impacts on the Arizona budget, it’s healthcare system and additional public benefits that Arizona taxpayers fund.” A Brewer spokesperson sited specific public benefits that DACA holders will not be eligible for: KidsCare, a children’s health-insurance program; unemployment benefits; business and professional licenses and government contracts.

Legal challenges to Brewer opposition of Obama’s DACA program are expected this week. Under the REAL ID Act of 2005 Sec.202(C)(B)(2)(viii), a federal law that modified requirements for state driver’s licenses and ID cards, “deferred action” is a term used for those eligible for state issued identification and driver’s licenses. According to NBC News, Regina Jefferies a local Phoenix attorney, criticized Brewer’s executive order saying, “Immigrants in Arizona have in the past been granted “deferred action” for other reasons long before the new Childhood Arrivals program was announced.” Additionally, Brewer’s spokesperson said that DACA students would not receive in-state tuition pricing.

After Brewer’s announcement, protester’s outside of the Arizona state capital waived signs that read, “Why the hate?” This sentiment raises the question, is Brewer guilty of playing politics with immigrant lives? Certainly, extreme curtailing of the DACA program by states like Arizona (and Florida) appears to be less about state preservation than politics. This preemptive strike against the Presidential Executive Order is a sign of the strong resistance to come for future immigration reform that favors inclusion over deportation.

California officials announced they would honor the DACA program and issue driver’s licenses to eligible persons. As temporary California residents, DACA beneficiaries will be afforded in-state tuition pricing, driver’s licenses, and the temporary ability to seek employment.

The national success of the DACA program shall remain closely monitored. We will continue to keep you updated on this and other breaking immigration news. If your business has questions about the DACA program or hiring from this temporary workforce, contact one of our immigration professionals at info@immigrationcompliancegroup.com or call 562 612.3996.

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