Immigration Newsletter

Thursday, January 17, 2013

AG: DMV should issue licenses to young illegal immigrants :: WRAL.com

AG: DMV should issue licenses to young illegal immigrants :: WRAL.com


The state Attorney General's Office has determined that people who were brought to the U.S. illegally as children are entitled to a North Carolina driver's license if they meet all other requirements.
The Division of Motor Vehicles last week canceled the licenses of 13 people who have applied to the Deferred Action for Childhood Arrivals program, saying they wanted a legal opinion from the Attorney General's Office on whether issuing the licenses would violate state law.
The DACA program blocks deportation of and grants work permits to immigrants brought to the United States as minors without authorization. North Carolina typically grants driver's licenses to non-citizens with valid federal work papers.
"We believe that individuals who present documentation demonstrating a grant of deferred action by the United States government are legally present in the United States and entitled to a driver's license of limited duration, assuming all other criteria are met," Chief Deputy Attorney General Grayson Kelley wrote in a letter Thursday to DMV Acting Commissioner Eric Boyette.
"This conclusion should not be construed to suggest that individuals granted deferred status under the DACA program have 'lawful status' in the United States," Kelley wrote. "Deferred status ... is a grant of permission to remain in the country for a specified period of time without receiving formal immigration status. The grant of deferred status therefore establishes lawful presence for the period of deferment."