I am an immigration lawyer with over 15 years experience in the field. Immigration law is one of the most complex and frustrating fields of law today. This blog is an attempt to shed some light on Immigration Law.
Friday, December 28, 2012
DACA Dreamers in Iowa will be denied driver's license
Iowa DOT Will Not Issue Driver’s Licenses or Nonoperator IDs to Persons Granted Deferred Actionfor Childhood Arrivals Status
AMES, Iowa – Dec. 27, 2012 – The Iowa Department of Transportation has determined it will not issue driver's licenses or nonoperator identification (ID) cards to persons granted Deferred Action for Childhood Arrivals status by
the U.S. Citizenship and Immigration Services, based on guidelines described by the U.S. Secretary of HomelandSecurity’s memorandum issued June 15, 2012.
The Iowa DOT understands the exercising of this prosecutorial discretion by the U.S. Department of HomelandSecurity does not grant lawful status or a lawful immigration path to persons granted Deferred Action for Childhood
Arrivals status. Rather, it is prosecutorial discretion extended in a blanket fashion to persons who are not lawfullyauthorized to be present in the United States.
Under Iowa Code §§ 321.182, 321.190 and 321.196, a driver’s license or nonoperator ID card shall only be issued toa foreign national authorized to be present in the United States. Therefore, the Iowa DOT does not have the legal
authority under current Iowa law to issue a driver’s license or nonoperator ID card to a person granted Deferred Action for Childhood Arrivals status (indicated on Form I-766, Employment Authorization Document, category C33).