Illegal immigrants with work permits should be OK for driver licenses, legislator says

By Howard Fischer

Capitol Media Services/East Valley Tribune

Saying she wants to clarify what she believes is obvious, a Phoenix lawmaker seeks to amend state law to say thousands of illegal immigrants in the president’s deferred action program are entitled to Arizona driver licenses.

Rep. Catherine Miranda, a Democrat, said Thursday she believes that when the Department of Homeland Security said some illegal immigrants could be given work permits, that is tantamount to saying they are authorized to be here. And Miranda said that means being able to drive.

Gov. Jan Brewer, who does not see it that way, last year barred the state Motor Vehicle Division from issuing those in the program any licenses. Brewer contends the policy announced by President Obama says only that these people would not be deported, not that they are authorized to be in this country.

HB 2032 would overrule Brewer’s action.

“My bill just clarifies these work permits are proof that the drivers’ license applicants … their presence is authorized under federal law,” Miranda said. “So I’m just reminding our governor, reminding our Legislature of that rule.”

But Brewer told Capitol Media Services Thursday that Miranda’s legislation proves her point: Arizona law as it now exists does not permit those in what is known as the Deferred Action Childhood Arrival program to be licensed.

“If people decide they want to change the law, they can move forward and do that,” Brewer said, though she declined to say if she would sign the legislation if it reaches her desk.

“I’m the governor, I took an oath to uphold the law,” she continued. “The law is they are not entitled to drivers’ licenses.”

That contention will be decided in federal court.

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