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Judge refuses to stop Arizona from denying driver's licenses to immigrants
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Leroy N. Soetoro
May 18, 2013, 6:55:05 PM5/18/13
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http://www.reuters.com/article/2013/05/17/usa-arizona-immigration-
idUSL2N0DY01D20130517
May 16 (Reuters) - A U.S. federal judge refused on Thursday to block
Arizona's Republican governor, who has long clashed with Washington over
immigration reform, from denying driver's licenses to young immigrants
granted temporary legal status by the federal government.
Civil rights groups had filed a lawsuit in U.S. District Court in Phoenix
in November against Governor Jan Brewer and two state transportation
department officials on behalf of five Mexican immigrants who qualify for
deferred deportation status under a program pushed by President Barack
Obama.
The suit challenged the legality of an order issued by Brewer in August
that denied the young migrants licenses, arguing that the federal deferred
action program did not give them lawful status or entitle them to public
benefits.
Judge David Campbell ruled that while the young immigrants appeared likely
to prevail in their argument on constitutional equal-protection grounds,
they had not proved they would suffer irreparable injury as the case
proceeds.
"The court concludes that plaintiffs have not shown a likelihood of
success on the merits of their Supremacy Clause claim," Campbell noted in
a written ruling denying the motion for a preliminary injunction.
"Plaintiffs have shown a likelihood of success on the merits of their
equal-protection claim, but the Court finds that they have not shown a
likelihood of irreparable injury and have not otherwise met the high
burden for a mandatory injunction," he added.
The ruling came as a bipartisan group of lawmakers in the U.S. House of
Representatives declared on Thursday they had reached a tentative deal for
passage of a major bill to revamp the nation's immigration policy.
The final sticking point in Washington, according to congressional
sources, was over whether illegal immigrants now in the United States who
gain legal status under the bill could participate in the new healthcare
law known as "Obamacare," which Republicans want to repeal.
STATE'S RIGHTS
While the judge in the Arizona driver's license case said the immigrants'
equal-protection claim was likely to succeed, he also tossed a separate
argument that the Arizona policy was pre-empted by federal law in a move
Brewer described as a victory.
"This portion of the ruling is not only a victory for the State of
Arizona, it is a victory for states' rights, the rule of law and the
bedrock principles that guide our nation's legislative process and the
division of power between the federal government and states," Brewer said
in a statement.
An attorney for the American Civil Liberties Union had argued for the
plaintiffs at a hearing before Campbell in March. A call to the ACLU
seeking comment was not immediately returned on Thursday.
Under Obama's program, immigrants who came to the United States as
children and meet certain other criteria can apply for a work permit for a
renewable period of two years. They also can obtain Social Security
numbers.
An estimated 1.7 million youths are potentially eligible for the program,
of whom about 80,000 live in Arizona. As of mid-February, about 200,000
applicants nationwide had been granted deferred action, according to the
U.S. Citizenship and Immigration Services.
Those immigrants are considered to be lawfully present in the United
States during that period.
About 40 U.S. states and the District of Columbia have confirmed they were
granting driver's licenses - or planned to do so - for youths who received
a short-term deportation reprieve under the program in June.
While Republicans in some states have opposed drivers licenses for illegal
immigrants, only Arizona and Nebraska said outright that young immigrants
were not eligible.
Brewer maintains that the policy did not "confer upon them any lawful or
authorized status and does not entitle them to any additional public
benefits." (Reporting by Tim Gaynor; Editing by Cynthia Johnston and
Philip Barbara)
--
Barack Obama, reelected by the dumbest voters in the history of the United
States of America.
Eric Holder, racist black murdering United States Attorney General, still
has his job.
Nancy Pelosi, Democrat criminal, accessory before and after the fact to
improper vetting of Barry Soetoro aka Barack Hussein Obama, a confirmed
felon using SSAN 042-68-4425, belonging to a dead man.
Obama ignored the brutal killing of an American diplomat in Benghazi, then
relieved American military officers who attempted to prevent said murder
in order to cover up his own ineptness.
Obama continues his goal of disarming America while ObamaCare increases
insurance premiums 200% and leaves millions without health care.
Obama helped bankrupt Illinois. Democrat run Chicago closes 54 public
schools.
--- news://freenews.netfront.net/ - complaints: ne...@netfront.net ---
idUSL2N0DY01D20130517
May 16 (Reuters) - A U.S. federal judge refused on Thursday to block
Arizona's Republican governor, who has long clashed with Washington over
immigration reform, from denying driver's licenses to young immigrants
granted temporary legal status by the federal government.
Civil rights groups had filed a lawsuit in U.S. District Court in Phoenix
in November against Governor Jan Brewer and two state transportation
department officials on behalf of five Mexican immigrants who qualify for
deferred deportation status under a program pushed by President Barack
Obama.
The suit challenged the legality of an order issued by Brewer in August
that denied the young migrants licenses, arguing that the federal deferred
action program did not give them lawful status or entitle them to public
benefits.
Judge David Campbell ruled that while the young immigrants appeared likely
to prevail in their argument on constitutional equal-protection grounds,
they had not proved they would suffer irreparable injury as the case
proceeds.
"The court concludes that plaintiffs have not shown a likelihood of
success on the merits of their Supremacy Clause claim," Campbell noted in
a written ruling denying the motion for a preliminary injunction.
"Plaintiffs have shown a likelihood of success on the merits of their
equal-protection claim, but the Court finds that they have not shown a
likelihood of irreparable injury and have not otherwise met the high
burden for a mandatory injunction," he added.
The ruling came as a bipartisan group of lawmakers in the U.S. House of
Representatives declared on Thursday they had reached a tentative deal for
passage of a major bill to revamp the nation's immigration policy.
The final sticking point in Washington, according to congressional
sources, was over whether illegal immigrants now in the United States who
gain legal status under the bill could participate in the new healthcare
law known as "Obamacare," which Republicans want to repeal.
STATE'S RIGHTS
While the judge in the Arizona driver's license case said the immigrants'
equal-protection claim was likely to succeed, he also tossed a separate
argument that the Arizona policy was pre-empted by federal law in a move
Brewer described as a victory.
"This portion of the ruling is not only a victory for the State of
Arizona, it is a victory for states' rights, the rule of law and the
bedrock principles that guide our nation's legislative process and the
division of power between the federal government and states," Brewer said
in a statement.
An attorney for the American Civil Liberties Union had argued for the
plaintiffs at a hearing before Campbell in March. A call to the ACLU
seeking comment was not immediately returned on Thursday.
Under Obama's program, immigrants who came to the United States as
children and meet certain other criteria can apply for a work permit for a
renewable period of two years. They also can obtain Social Security
numbers.
An estimated 1.7 million youths are potentially eligible for the program,
of whom about 80,000 live in Arizona. As of mid-February, about 200,000
applicants nationwide had been granted deferred action, according to the
U.S. Citizenship and Immigration Services.
Those immigrants are considered to be lawfully present in the United
States during that period.
About 40 U.S. states and the District of Columbia have confirmed they were
granting driver's licenses - or planned to do so - for youths who received
a short-term deportation reprieve under the program in June.
While Republicans in some states have opposed drivers licenses for illegal
immigrants, only Arizona and Nebraska said outright that young immigrants
were not eligible.
Brewer maintains that the policy did not "confer upon them any lawful or
authorized status and does not entitle them to any additional public
benefits." (Reporting by Tim Gaynor; Editing by Cynthia Johnston and
Philip Barbara)
--
Barack Obama, reelected by the dumbest voters in the history of the United
States of America.
Eric Holder, racist black murdering United States Attorney General, still
has his job.
Nancy Pelosi, Democrat criminal, accessory before and after the fact to
improper vetting of Barry Soetoro aka Barack Hussein Obama, a confirmed
felon using SSAN 042-68-4425, belonging to a dead man.
Obama ignored the brutal killing of an American diplomat in Benghazi, then
relieved American military officers who attempted to prevent said murder
in order to cover up his own ineptness.
Obama continues his goal of disarming America while ObamaCare increases
insurance premiums 200% and leaves millions without health care.
Obama helped bankrupt Illinois. Democrat run Chicago closes 54 public
schools.
--- news://freenews.netfront.net/ - complaints: ne...@netfront.net ---
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