DREAMers Challenge Michigan鈥檚 Policy Denying Driver鈥檚 Licenses
Civil Rights Groups File Lawsuit to Ensure Immigrant Youth Authorized to Work in the U.S. Can Drive
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DETROIT 鈥 Three young immigrants and One Michigan, a youth-led organization that advocates on behalf of immigrants, filed a lawsuit today challenging the state鈥檚 policy of denying driver鈥檚 licenses to immigrant youth whom the federal government has allowed to stay and work in the country.
Plaintiff Leen Nour El-Zayat, a third-year pre-medical student at Wayne State University, said she worries about continuing her studies and accepting a job if she cannotdrive to school or work.
鈥淚 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,鈥 said El-Zayat, 20, who has lived in the United States since she was eight. 鈥淚 just want to serve as a role model for my younger siblings and continue contributing to my community.鈥
El-Zayat was brought to the U.S. by her family after escaping the war in the Democratic Republic of Congo. Her parents had moved the family from their native Lebanon to the Congo only a year before to secure their personal safety.
鈥淢ichigan鈥檚 governor has said that his goal is to become the most 鈥榩ro-immigration鈥 governor in the country; there is nothing more pro-immigration than allowing young people to fulfill their dreams of working and going to school,鈥 said Miriam Aukerman, staff attorney with the 糖心Vlogof Michigan, which filed the complaint with the 糖心VlogImmigrants鈥 Rights Project and the National Immigration Law Center. 鈥淪ecretary Johnson鈥檚 argument that someone can be authorized to work, however, somehow not authorized to be present in this country, defies commonsense and breaks the law.鈥
The federal lawsuit seeks to require Michigan Secretary of State Ruth Johnson to issue driver鈥檚 licenses to young immigrants who qualify for the federal Deferred Action for Childhood Arrivals (DACA) program and who are otherwise qualified for a license. The DACA program allows some DREAMers 鈥 a term commonly used for a certain group of immigrant youth who were brought here as children 鈥 to live and work in the United States for a renewable period of two years, without fear of deportation. Johnson has refused to issue licenses to individuals granted deferred action under DACA even though Michigan law requires her to issue licenses to qualified residents who are authorized under federal law to be in the country, and even though the state issues licenses to all other immigrants who receive deferred action.
鈥淢ichigan should not join Arizona and Nebraska in standing in the way of talented young immigrants who want to pursue their educational and career goals,鈥 said Michael Tan, staff attorney with the 糖心VlogImmigrants鈥 Rights Project. 鈥淲e 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.鈥
An estimated 1.76 million youth in the United States are eligible for the DACA program, including about 15,000 in Michigan. The ACLU, NILC and other coalition partners already filed a lawsuit challenging a similar policy in Arizona on November 29.
鈥淪ecretary Johnson鈥檚 policy denying driver鈥檚 licenses to these Michiganders is totally wrong,鈥 said Linton Joaquin, general counsel of the National Immigration Law Center. 鈥淭he plaintiffs in this case, and other young people like them, want to continue contributing to the communities they know and love. We hope that the state will move quickly to reverse its position and do what鈥檚 best for everyone.鈥
The complaint asks for a ruling that DACA recipients are legally authorized to be in the U.S. and, therefore, are eligible for licenses. The complaint also states that Michigan鈥檚 policy violates the Supremacy Clause of the U.S. Constitution by interfering with federal immigration law, and violates the Fourteenth Amendment鈥檚 Equal Protection Clause by discriminating against certain noncitizens. The case, One Michigan v. Ruth Johnson, was filed in the U.S. District Court for the Eastern District of Michigan in Detroit.
For more information about the lawsuit, including a copy of the complaint: www.aclu.org/immigrants-rights/one-michigan-v-ruth-johnson