Drivers License
The Deferred Action for Childhood Arrivals program (DACA) allows for work permits to certain undocumented immigrants who apply for such, and who meet seven criteria:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching their 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
- Entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Beneficiaries of DACA who apply for employment authorization will them in the form of an employment authorization card.
Employment authorization cards issued during the pendency of other ongoing immigration application (green card, asylum) historically allowed beneficiaries to obtain social security numbers and driver’s licenses. You simply present this card to the social security office or BMV, and you can obtain a social security number and driver’s license respectively.
But states have been split in granting driver’s licenses to beneficiaries of DACA. The governors of Nebraska and Arizona stated the past week that their states will deny driver’s license benefits to DACA beneficiaries.
MSNBC reported that California though has approved a bill allowing DACA beneficiaries to obtain driver’s licenses. The bill passed the state assembly, 55-15, on August 30, before getting sent to Democratic Governor Jerry Brown. The bill also passed the state Senate in 25-7 vote on August 29.
DACA beneficiaries and potential applicants should first check whether their states would allow them to get a driver’s license.
Republicans
Jason Riley in the Wall Street Journal wrote that Republicans in the GOP convention support a policy that encourages high-skill immigration over low-skill immigration. This should imply that programs such as the H-1B, National Interest Waiver, Alien of Extraordinary Ability, and Labor Certification would be favored over laws and executive orders such as the current Deferred Action Program, if they would support any area of immigration at all. But this also weakens their hold on the Latino vote. Over 50% of those benefiting from DACA are Latinos.
Detention
This New York Times editorial encourages Governor Jerry Brown of California to sign the Trust Act. The Trust Act is a recently passed California bill that prevents local police from turning their detention facilities into immigration holding cells for noncriminals or minor offenders whose sentences are finished or should otherwise be out on bail. The Act would require the police to let such people out, even if the Immigration and Customs Enforcement (ICE) issued requests that they be held until they can be picked up for deportation. The Act provides that only those who have been convicted of or charged with serious or violent felonies would continue to be detained an ICE’s request. On August 31, the Los Angeles City Council voted 11 to 0 for a resolution endorsing the bill. The bill’s rationale is to be in line with the Department of Homeland Security’s focus on deporting national-security threats, dangerous criminals, and repeat offenders.
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