Monday, January 21, 2013

AZMEX I3 11-1-13

Note: For our DC based friends a few back AZMEX pieces for light
reading while they finish their bottle of bubbly after the parties.

AZMEX I3 11 JAN 2013

Mother of immigrant rights leader won't be deported
By Associated Press
Originally published: Jan 11, 2013 - 11:35 am

PHOENIX -- Federal immigration officials said they're releasing the
mother of an immigration activist after the mother and another
relative were arrested at the family's Phoenix-area home.

Immigration and Customs Enforcement also said it did not target the
relatives of activist Erika Andiola because of her role with the
DREAM Act Coalition.

Andiola said ICE agents said there was a long-pending deportation
order for her mother but that she questioned whether that prompted
the arrest.

The mother and a brother of Andiola were arrested Thursday evening.
The brother was released early Friday, while the mother was
transported to an immigration detention center in Florence.

Another brother said the family has been told by the Mexican
consulate in Mexico that the mother would be released after being
returned to Phoenix.

Bill to let 'Dreamers' get driver's licenses

9 hours ago •
Howard Fischer Capitol Media Services

PHOENIX - Saying she wants to clarify what she believes is obvious, a
Phoenix lawmaker wants to amend state law to let thousands of illegal
immigrants in the president's deferred-action program get Arizona
driver's licenses.

Rep. Catherine Miranda, a Democrat, said Thursday that she believes
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 disagrees and last year barred the state Motor
Vehicle Division from issuing those in the program licenses. Brewer
believes the policy announced by President Obama says only those
eligible for the program will not be deported, not that they are
authorized to be in this country.

HB 2032 would overrule Brewer's action.

While Miranda said her bill just clarifies those individuals are
authorized under federal law, Brewer said Thursday that Miranda's
legislation actually shows Arizona law, as it now exists, does not
permit those in what is known as the Deferred Action Childhood
Arrival program, or "Dreamers," 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 driver's licenses."

Eventually the question will be decided in federal court.

Earlier this week, attorneys for the state asked U.S. District Judge
David Campbell to dismiss a challenge to Brewer's interpretation
brought by multiple immigrant-rights groups.

Under DACA, the government will not pursue and deport those otherwise
illegal immigrants who are under 30 and arrived in this country
before turning 16, have lived here continuously for at least five
years and are either in school or have graduated or are an honorably
discharged veteran.

As of the end of December, the Department of Homeland Security had
received nearly 368,000 applications nationwide, including nearly
13,000 in Arizona. The agency does not say how many of these have
been granted.

Attorneys for the state estimate up to 80,000 people living in
Arizona might ultimately be eligible.

Those who are eligible are entitled to a federally issued permit to
work legally in this country.

In court filings this week, attorneys for the state told Campbell the
DACA program has no legal basis, but is simply an "administrative
choice to temporarily defer removal of an unlawful alien."

"This discretion cannot regularize someone's immigration status or
grant a benefit that an alien is not legally entitled to receive,"
wrote attorney Douglas Northup, who is heading the legal team for the

Northup also pointed out that a spokesman for Homeland Security
specifically said DACA does not "authorize" anyone to be present in
this country.

A 1996 Arizona law specifically requires proof the person's presence
in the United States "is authorized under federal law," to get a

Separately, Northup pointed out that the Obama administration has
said those given deferred action status are not entitled to any other
rights. He said that would be undermined by forcing Arizona to
provide licenses.

An Arizona driver's license is accepted as identification to seek a
variety of federal and state public benefits, Northup said, so giving
licenses to someone who is not eligible could allow them to use it
"to obtain public benefits to which they are not entitled."

Attorney Dan Pochoda of the American Civil Liberties Union disputed
Brewer's contention that Miranda's effort to change the law is an
acknowledgement the current law makes DACA participants ineligible
for licenses. He said a change in the law is just a quicker way to
clarify what is allowed.

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