A federal judge has decided to move forward in hearing arguments that the state is acting illegally by withholding driver’s licenses from illegal aliens.
The case is an extension of the original lawsuit filed against the state after then Governor, Jan Brewer, directed the Motor Vehicle Division to cease issuing licenses to parties who participated in the Deferred Action for Childhood Arrivals program announced in 2012.
Despite efforts made by Arizona Governor, Doug Ducey, Judge David Campbell has set the hearing for 10 a.m. Arizona time Jan. 20. That’s the exact hour Trump is scheduled to be sworn in at the nation’s capital.
Because of the pointed hearing time, Ducey’s lawyers are requesting that the hearing be delayed.
They are arguing that illegal aliens do not meet the requirements of a 1996 state law which says that license can be issues to people’s presence in the country is ” authorized by federal law.”
The deferred program initiated by Brewer was halted by a federal appeals court in what Attorney’s for the state believe are the efforts of the Obama administration efforts to not deport the “dreamers” who came to the country as children and meet other requirements.
While state attorney’s appeal the decision, the state has been providing licenses to the deferred program participants.
Hence, Ducey’s administration has requested that the judge postpone the case until the Trump administration can make a decision about the DACA program.
Douglas Northup, the governor’s lead attorney, told the federal judge that it makes no sense to let the case go forward at this point.
“Upon taking office, President-elect Trump may entirely eliminate DACA by federal executive order in the same way that it was authorized. At a minimum, the matter should be stayed until the expiration of President-elect Trump’s first 100 days in office,” he asked.
The judge’s ruling in the hearing will determine if the case goes forward or gets dismissed.
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