Supreme Court Says Arizona “Dreamers” May Drive

by Kim Robidoux, Senior Attorney

The U.S. Supreme Court denied Arizona Governor Jan Brewer’s emergency request to permit Arizona to continue to deny driver’s licenses to individuals who have been granted temporary relief from deportation based on approved applications for Deferred Action for Childhood Arrivals (DACA). Arizona has been one of two states that refused to issue driver’s licenses to individuals who have been granted permission to remain in the U.S. and obtain work authorization under DACA.

Prior to reaching the Supreme Court, the 9th U.S. Circuit Court of Appeals had placed Governor’s policy on hold stating that it was likely discriminatory as other individuals who have been granted similar relief from deportation have been permitted to obtain driver’s licenses in Arizona. The court also reasoned that an individual’s ability to drive is closely related to their ability to work, especially in Arizona where most individuals commute to work by car. Shortly after the Supreme Court’s decision December 17, 2014, the 9th Circuit instructed the U.S. District Judge to issue a preliminary injunction blocking the Governor’s ban. The lifting of the ban will allow more than 22,000 DACA recipients to begin the driver’s license application process.