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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Thursday, September 19, 2013

Arizona to Deny Driver's Licenses to All Deferred Deportees

Los Angeles Times
By Cindy Carcamo
September 18, 2013

Under fire for refusing to issue driver's licenses to young people permitted to stay in the U.S. under President Obama's deferred deportation program, Arizona has decided that anyone whose deportation has been deferred, including abused women and children, would be ineligible.

After Obama created the Deferred Action for Childhood Arrivals program by executive order last year, Gov. Jan Brewer called it "deferred amnesty" and mandated that no one covered by it would receive a driver's license.

Immigrant rights groups sued, contending in part that Arizona's policy violates equal protection of the law. The lawsuit is pending, but a federal judge has said the plaintiffs will probably prevail.

That prompted state officials to notify the judge that Arizona would broaden its limits on driver's licenses and would not issue them to anyone whose deportation had been deferred under certain programs.

In a statement late Tuesday, Arizona's Department of Transportation said state law precluded the department "from issuing an Arizona driver license or identification card to any applicant who cannot demonstrate, by proof satisfactory to the director and [Department of Transportation], that the applicant's presence in the United States is authorized under federal law."

As for Obama's deferred action program, which is intended to allow those who immigrated as children and who met certain other requirements to live and work in the U.S. for two years, the department said: "The federal executive branch has simply decided to not enforce federal immigration law with respect to that individual."

Immigrant rights organizations denounced Arizona's latest stance, calling it "zealous" and warning that domestic violence victims would be most affected.

"This is a vindictive policy change that is motivated by politics and Brewer's desire to get out from under a lawsuit," said Alessandra Soler, executive director of the ACLU of Arizona, one of the plaintiffs.

Arizona's policy will harm abused women and children, said Terry O'Neill, president of the National Organization for Women. Abuse victims can qualify for deferred deportation under a separate program, which the state specifically cited in its new policy.

"Women fleeing abusive situations should have our full support, not policies that keep them trapped," O'Neill said in a statement. "Taking away their ability to drive to work — or to safety — isn't just politically shortsighted, it's dangerous for women and their children."

For more information, go to:  www.beverlyhillsimmigrationlaw.com

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