Ninth Circuit to Arizona Legislature: Dreamers Can Drive
On Tuesday April 5, 2016 the Ninth Circuit held that Arizona must continue to issue driver’s licenses to young undocumented individuals applying for relief under the Dream Act or DACA. See opinion issued on April 5, 2016
In January 2015, District Judge David G. Campbell issued a permanent injunction, blocking an executive order by former Gov. Jan Brewer that barred the state from issuing driver’s licenses to undocumented persons granted federal work permits under President Barack Obama’s Deferred Action for Childhood Arrivals program, known as DACA. The government appealed.
However, The Ninth Circuit affirmed District Judge Campbell’s injunction: “Plaintiffs’ inability to obtain drivers’ licenses hinders them in pursuing new jobs, attending work, advancing their careers, and developing business opportunities.”
Jennifer Chang, an attorney for the American Civil Liberties Union Immigrants’ Rights Project, commented: “Arizona has been stubbornly fighting this legal battle for almost four years, and these young people have been getting on with their lives, legally driving in all 50 states now and contributing their talents all across the country, and it’s really time for Arizona to move on as well.”
SCOTUS clarified that a legal permanent resident alien can be physically in the U.S., commit a criminal offense, and still be inadmissible.
Fifth Circuit: Former Informants Are Not Protected Group
On September 26th, 2015 U.S. District Judge Dolly M. Gee granted final approval of the settlement in Franco v. Holder, paving the way for previously deported immigrants with severe mental disabilities to request to reopen their cases in Immigration Court, and if approved return to the United States.
The defense attorney has an affirmative duty to properly advise. It is not enough to say it is a “possibility” under those circumstances.
Attorney General Loretta Lynch defended the U.S. screening process, but she conceded there can be “challenges” posed by the country’s chaotic civil war.
About Michael Harwin
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