Immigrant rights advocates have filed a lawsuit in a bid to overturn Arizona Gov. Jan Brewer's order denying driver's licenses for young immigrants who have gotten work permits and avoided deportation under a new Obama administration policy.
"It is clearly Arizona and Gov. Brewer thumbing her nose at the federal government," said Alessandra Soler, Executive Director of ACLU Arizona. "And, I think she's doing it deliberately. It's her attempt, again, to get in this proxy fight with the feds about immigration."
The lawsuit filed Thursday asks a federal judge to declare Brewer's policy unconstitutional because it's trumped by federal law and denies licenses without valid justification.
"The U.S. Supreme Court said that if the federal government has given the states direction or classified immigrants in a certain way, the states can follow that direction," said Jennifer Chang Newell an ACLU Attorney. "But, that's not what Arizona's doing here."
The Obama administration in June took administrative steps to shield as many as 800,000 immigrants from deportation.
Brewer has defended her Aug. 15 order on driver's licenses as necessary for ensuring that state agencies adhere to the intent of state laws denying public benefits to illegal immigrants.
"They are folks who have been granted the right to live and work here," said Soler. "They cannot drive to school, they cannot drive to work; and just as a policy matter it makes no sense."
Thursday afternoon Brewer's director of communications, Matthew Benson, released the following statement regarding the lawsuit:
"Gov. Brewer has a duty and obligation to defend state law, which limits the disbursement of public benefits and Arizona driver's licenses to individuals who are lawfully present in the United States. Beneficiaries under the Deferred Action for Childhood Arrivals program are not.
Unlike all previous classes granted deferred action, the DACA program is neither Congressionally authorized nor enshrined in federal law. The legal limbo now faced by DACA recipients is not due to any action by the State of Arizona or Arizona voters. Rather, it is due to President Obama's decision to pursue this program via executive action rather than through the proper legislative process."
Copyright 2012CBS 5 (Meredith Corporation). All rights reserved. The Associated Press contributed to this report.
Tuesday, May 21 2013 10:36 AM EDT2013-05-21 14:36:49 GMT
(RNN) – A day after long track tornadoes devastated Shawnee and Edmond, OK, another round has begun near Oklahoma City.KOCO broadcast a slow rotating cloud that slowly extended down towards the groundMore >
Dozens of people have died after a second day of tornadoes twisted through Oklahoma, this time taking aim at the town of Moore, south of Oklahoma City.More >
Tuesday, May 21 2013 8:16 AM EDT2013-05-21 12:16:32 GMT
A 18-month old baby was found not breathing at a home in Enfield Monday afternoon.Officers were called to a home on Cottage Green in the Thompsonville section of the city. Investigators found the babyMore >
An 18-month-old baby found not breathing at a home in Enfield Monday afternoon has died, according to police.More >
Monday, May 20 2013 5:12 PM EDT2013-05-20 21:12:47 GMT
Jermaine Richards was arrested in connection with the death of Alyssiah Wiley.
A Bridgeport man faces murder and kidnapping charges in the death of an Eastern Connecticut State University who disappeared in April. Thirty-year-old Jermaine Richards was scheduled to make his firstMore >
The search for a missing college student has turned into a search for justice after 30-year-old Jermaine Richards was arrested in connection with the death of Alyssiah Wiley.More >
Monday, May 20 2013 2:40 PM EDT2013-05-20 18:40:11 GMT
A lawmaker from Connecticut has pledged to live on less than $5 per day to better understand the food stamp budget. U.S. Sen. Chris Murphy will live on $143.89 per month, which is $4.80 a day or $1.60More >
A U.S. Senator from Connecticut has pledged to live on less than $5 per day to better understand the food stamp budget.More >
Monday, May 20 2013 8:36 PM EDT2013-05-21 00:36:04 GMT
A car crashed into the back of a home on Cromwell Avenue in Rocky Hill Monday night.One person was taken away from the scene on a stretcher. Witnesses told Eyewitness News that the driver lost control,More >
A car crashed into the back of a home on Cromwell Avenue in Rocky Hill Monday night.More >
Monday, May 20 2013 11:48 PM EDT2013-05-21 03:48:15 GMT
A woman has been arrested after she allegedly locked her four young daughters out of their home for days at a time.A witness told police that the four girls, ages 7, 5, 3 and 1, had been in the same dirtyMore >
A woman has been arrested after she allegedly locked her four young daughters out of their home for days at a time.More >
Monday, May 20 2013 7:12 PM EDT2013-05-20 23:12:34 GMT
Wallingford police are looking into three college-aged girls who are going door to door looking to make more than just a sale, they're looking for a place to stay.Neighbors from East Side Drive, MeadowMore >
Wallingford police are looking into three college-aged girls who are going door-to-door looking to make more than just a sale, they're looking for a place to stay.More >
Monday, May 20 2013 1:41 PM EDT2013-05-20 17:41:42 GMT
A Manchester man was arrested after he allegedly took psychedelic mushrooms and hit a woman at a home in Coventry early Monday morning. Officers were called to a home on Ripley Hill Road for an allegedMore >
A Manchester man was arrested after he allegedly took psychedelic mushrooms and hit a woman at a home in Coventry early Monday morning.More >
Friday, May 17 2013 7:16 PM EDT2013-05-17 23:16:53 GMT
One person has died in a crash near Harrisonville, MO, Thursday evening. The crash happened on Missouri Highway 7 and Walker Road. It involved a car and a tractor-trailer. Harrisonville is in Cass County.More >
Savannah Nash celebrated her 16th birthday last week. She died Thursday when her car slammed into a semi while she was texting during her first time driving by herself.More >
Monday, May 20 2013 7:50 PM EDT2013-05-20 23:50:56 GMT
Eyewitness News turned to the website Angie's List to learn how to treat your lawn and make it look lush and green. "When it comes to lawn care you typically aren't even home as a consumer when the jobMore >
Eyewitness News turned to the website Angie's List to learn how to treat your lawn and make it look lush and green.More >