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Michigan immigrants challenge governor Rick Snyder over licenses Michigan immigrants challenge governor Rick Snyder over licenses
(about 1 month later)
Three young undocumented immigrants who have been authorised to live and work in the US under Barack Obama's deportation reprieve have filed a lawsuit challenging a Michigan state policy that denies them driving licenses. They say the ban defies common sense, violates the US constitution and runs contrary to the Michigan governor's goal of his state coming to be the most "pro-immigration" in the nation.Three young undocumented immigrants who have been authorised to live and work in the US under Barack Obama's deportation reprieve have filed a lawsuit challenging a Michigan state policy that denies them driving licenses. They say the ban defies common sense, violates the US constitution and runs contrary to the Michigan governor's goal of his state coming to be the most "pro-immigration" in the nation.
Michigan is one of three states to deny driving licenses to those who have recently been granted special "deferred status", after entering the country illegally as children. The lawsuit – brought by One Michigan, an organisation which advocates for immigrant youth – follows a similar action filed last month against Arizona governor Jan Brewer. Brewer provoked controversy when she issued an order to officials not to issue those with deferred status any state identification, including driving licenses. Nebraska has a similar policy.Michigan is one of three states to deny driving licenses to those who have recently been granted special "deferred status", after entering the country illegally as children. The lawsuit – brought by One Michigan, an organisation which advocates for immigrant youth – follows a similar action filed last month against Arizona governor Jan Brewer. Brewer provoked controversy when she issued an order to officials not to issue those with deferred status any state identification, including driving licenses. Nebraska has a similar policy.
"Michigan's governor has said that his goal is to become the most 'pro-immigration' governor in the country; there is nothing more pro-immigration than allowing young people to fulfill their dreams of working and going to school," said Miriam Aukerman, staff attorney with the American Civil Liberties Union of Michigan, which filed the complaint with the National Immigration Law Center."Michigan's governor has said that his goal is to become the most 'pro-immigration' governor in the country; there is nothing more pro-immigration than allowing young people to fulfill their dreams of working and going to school," said Miriam Aukerman, staff attorney with the American Civil Liberties Union of Michigan, which filed the complaint with the National Immigration Law Center.
In February, Rick Snyder, Michigan's Republican governor, said he wanted people to know he was the most "pro-immigration governor in the United States".In February, Rick Snyder, Michigan's Republican governor, said he wanted people to know he was the most "pro-immigration governor in the United States".
The action, filed in the US district court for the eastern district of Michigan, in Detroit, on Wednesday, challenges Ruth Johnson, Michigan's secretary of state, who has decided that although those with "deferred status" are authorised to live and work in the US, they are not authorised to be present in the US.The action, filed in the US district court for the eastern district of Michigan, in Detroit, on Wednesday, challenges Ruth Johnson, Michigan's secretary of state, who has decided that although those with "deferred status" are authorised to live and work in the US, they are not authorised to be present in the US.
Aukerman said: "Secretary [Ruth] Johnson's argument that someone can be authorized to work, however somehow not authorized to be present in this country, defies common sense and breaks the law."Aukerman said: "Secretary [Ruth] Johnson's argument that someone can be authorized to work, however somehow not authorized to be present in this country, defies common sense and breaks the law."
Leen Nour El-Zayat, a third-year pre-medical student at Wayne State University who has lived in the US since she was eight, said she was concerned that she would not be able to continue her studies or work if she could not drive.Leen Nour El-Zayat, a third-year pre-medical student at Wayne State University who has lived in the US since she was eight, said she was concerned that she would not be able to continue her studies or work if she could not drive.
"I need to be able to drive so I can get a job and attend medical school, which I have wanted to do since I was a little kid," said El-Zayat, 20, one of the three plaintiffs in the case. "I just want to serve as a role model for my younger siblings and continue contributing to my community.""I need to be able to drive so I can get a job and attend medical school, which I have wanted to do since I was a little kid," said El-Zayat, 20, one of the three plaintiffs in the case. "I just want to serve as a role model for my younger siblings and continue contributing to my community."
The Deferred Action for Childhood Arrivals (DACA) order, passed by Obama in June allows undocumented young immigrants who came to the US as children to live and work in the US for a renewable period of two years. Obama came up with the order after failed attempts to pass the DREAM Act, which would have granted permanent residency to certain undocumented residents.The Deferred Action for Childhood Arrivals (DACA) order, passed by Obama in June allows undocumented young immigrants who came to the US as children to live and work in the US for a renewable period of two years. Obama came up with the order after failed attempts to pass the DREAM Act, which would have granted permanent residency to certain undocumented residents.
An estimated 1.76 million young people in the US are eligible for the DACA programme, including 15,000 in Michigan and 80,000 in Arizona, according to the American Immigration Council.An estimated 1.76 million young people in the US are eligible for the DACA programme, including 15,000 in Michigan and 80,000 in Arizona, according to the American Immigration Council.
Michael Tan, a staff attorney at ACLU, said: "The [Michigan] secretary of state is under the erroneous view that people on DACA are not authorised to be present in the US. It is based on a erroneous interpretation of the law."Michael Tan, a staff attorney at ACLU, said: "The [Michigan] secretary of state is under the erroneous view that people on DACA are not authorised to be present in the US. It is based on a erroneous interpretation of the law."
Tan said this view ran contrary to DACA policy and had a "terrible real-life effect for the 15,000 people here. They cannot go about their daily lives, they can't get to work, to school".Tan said this view ran contrary to DACA policy and had a "terrible real-life effect for the 15,000 people here. They cannot go about their daily lives, they can't get to work, to school".
Tan, who said a similar legal challenge was being considered in Nebraska, said: "Michigan should not join Arizona and Nebraska in standing in the way of talented young immigrants who want to pursue their educational and career goals. We need to remove obstacles that prevent our youth from supporting their families, succeeding at school and contributing to a country they call home, and instead focus on common sense immigration reform."Tan, who said a similar legal challenge was being considered in Nebraska, said: "Michigan should not join Arizona and Nebraska in standing in the way of talented young immigrants who want to pursue their educational and career goals. We need to remove obstacles that prevent our youth from supporting their families, succeeding at school and contributing to a country they call home, and instead focus on common sense immigration reform."
The complaint asks for a ruling that DACA recipients are legally authorized to be in the US and, therefore, are eligible for licenses. It also states that Michigan's policy violates the supremacy clause of the constitution by interfering with federal immigration law, and violates the Fourteenth Amendment's equal protection clause by discriminating against certain non-citizens.The complaint asks for a ruling that DACA recipients are legally authorized to be in the US and, therefore, are eligible for licenses. It also states that Michigan's policy violates the supremacy clause of the constitution by interfering with federal immigration law, and violates the Fourteenth Amendment's equal protection clause by discriminating against certain non-citizens.
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