NC driver's license plan called discriminatory

[Judi Lynn]

Source: Associated Press

NC driver's license plan called discriminatory
By GARY D. ROBERTSON, Associated Press | March 4, 2013 | Updated: March 4, 2013 7:09pm

RALEIGH, N.C. (AP) — North Carolina Democratic lawmakers, clergy and Hispanic young adults say a state plan to issue specially marked licenses to qualifying illegal immigrants later this month is discriminatory and reinforces the idea that they are second-class residents.

They held a news conference Monday in Raleigh to speak against the state Department of Transportation's decision to issue the licenses to immigrants with valid federal work permits under a new Obama administration program. The specially marked state licenses will have bright pink stripes and the words "NO LAWFUL STATUS" on them.

Several Democrats have filed a bill that would direct the licenses to look like any others. State Rep. Rick Glazier of Fayetteville says the pink stripe demonizes those who receive the licenses.

Gov. Pat McCrory, a Republican, backs the state agency's plan, calling it a "pragmatic compromise."


Read more: http://www.chron.com/news/us/article/NC-driver-s-license-plan-called-discriminatory-4327659.php

[Ken Burch]

1. A "pragmatic compromise" beween what? demonization and non-demonization?

[Major Nikon]

2. It's pragmatic if your intention is to put a "shoot me" sign on the backs of immigrants

[cstanleytech]

3. It's getting late here, my right shoulder feels like its on fire like usual and I and

am having trouble getting to sleep due to the pain but can the state legally do this to people who have valid federal work permits? That in of itself makes them lawful doesnt it or am I mistaken?

[WilmywoodNCparalegal]

9. Work authorization does not equal legal presence

DACA is Deferred Action for Childhood Arrivals. What does Deferred Action mean? Action = the act of removal or deportation. Deferred = postponed/delayed.

According to current immigration law, anyone who did not enter the U.S. with inspection or has overstayed a visa or has been denied a visa (and a bunch of other instances) is deemed to be 'deportable.'

What DACA does is to delay any possible action to remove the beneficiaries of DACA. DACA allows beneficiaries to seek temporary employment authorization which can only be extended as far as the presidential order is in place.

However, DACA does not confer any legal presence or any immigration status on the beneficiaries. According to the law, they are still considered to be present without inspection or authorization, thusly against the law. In other words, their presence in the U.S. is illegal (defined as 'against the law').

Employment authorization is often extended to people who are also illegally present in the U.S. but who are seeking judicial review of their cases. For instance, a person who is persecuted for being homosexual and enters the U.S. without inspection can apply for employment authorization while her persecution claim and asylee/refugee status are being reviewed by a court.

This person could legally work pursuant to employment authorization, but she cannot meet the requirements of 'legal presence' until a judge finds in her favor. At that point, she would be eligible for asylee or refugee status.

It boils down to this: work authorization does not equal legal immigration status and/or legal presence.

You can also be legally present in the U.S. but not be eligible for employment authorization, by the way. For instance, spouses of many visa holders such as H-1B, O, P, etc. are not eligible for work authorization (while some are - L, J and E, for instance).

[cstanleytech]

10. Thanks, now I need an Ibuprofen

[Stonepounder]

4. Wouldn't it be simpler just to have them sew a yellow star on their shirtsleeves? N/T

[zazen]

6. but tattoo-ing the numbers on their arms would be more efficient! n/t

[Centrik]

5. More like

It'd be a taco instead of a star.

[John2]

7. What is the purpose of issuing a License, if they have

no Lawful status. It has none and shows an intent for a Governmental agency to discriminate against a certain group of people. A License does give you a Lawful status because that is the purpose of getting Licenses. The Tea Party has invaded North Carolina.The Klan marches in Charlotte once in awhile. I'm a native of North Carolina, so I should know about the attitudes of this state. Yep, Scalia, race is still a problem in the South. One of the first things the Republican Legislature did in North Carolina was repeal the Racial Justice ACT. African Americans in North Carolina are sleeping on what is going on. That referendum on Gay marriage was just a deceptive tactic by them to divide people, because they know African Americans are religious. My family was very religious but I'm one of the few getting an education in my family. People have used religion to bring about hate and divide people. Racists do that a lot in the South. They do not believe or practice the belief themselves, but they use it to pacify others. This has clearly been indoctrinated into the minds of people that justify during wrong to other people.

[WilmywoodNCparalegal]

8. NC DMV requires that anyone who applies for a license to drive a vehicle provide evidence of legal

presence in the U.S. Legal presence is defined as the ability to prove that your residence in the U.S. is authorized - be it through birth in the U.S. or its territories, a visa, refugee or asylee status, foreign student or trainee, etc. and so on.

Legal presence does not mean 'having the ability to work in the U.S.' It simply means that you entered the U.S. with inspection and are authorized to be present in the U.S.

This 'legal presence' requirement is not unique to NC (my former state). It is found in many states (if not most states), including my present one (Nevada).

In this particular case, those who have received temporary employment authorization under the DACA (Deferred Action for Childhood Arrivals) provision are legally authorized to work, but they do not have legal presence. Deferred Action simply means that any action taken by the U.S. government to seek deportation or removal is postponed to a later date, but the fact remains that DACA beneficiaries do not meed the requirement of 'legal presence' that most states' DMVs require.

Having different documents indicating legal status is not a first - the Social Security Administration has been issuing social security cards that on occasion state 'Not Valid for Employment Authorization without DHS Approval' for those who are eligible for social security numbers, but who are not legally authorized to work in the U.S.

I had such a card for many years and didn't think that I was a second class citizen because I knew I had no authorization to work in the U.S. at that time.

I am sorry, but I don't think this kind of solution deems anyone as 'second class' citizen. DACA beneficiaries do not meet the legal presence requirement because they are not considered to be legally present according to current immigration law.

Therefore, they can't meet the standard set forth by the NC DMV.

If you disagree, then work to change the definition of 'legal presence.' But as far as NC DMV goes, they are working within the existing regulations. At least, they are getting driver's licenses. In many states, they would not be eligible for any license whatsoever.

[John2]

12. Why make the Law so

complicated? You are splitting hairs with semantics. The mere issuance of any license for something places you in a Lawful status. The person's just as well may not be given approval to work in this country. They are in a Lawful status. You don't need a Driver's license to be legally present in this country. You need it to operate a vehicle in this country. The Deportation and Immigration Laws should be left up to the proper Law Enforcement Agencies. It shouldn't be use as an instrument to potentially profile people.

[Nika]

11. This is like a state allowing a pre-op transgender person the comfort of the gender marker they ...

... identify as to be forced to also have a scarlet strip on it too that says, "Warning she has a penis!"/"Warning! he has a vagina!"