Dreamers Seek Injunction in Arizona Driver’s License Denial Class Action

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The plaintiffs in a class action lawsuit alleging Arizona improperly denies driver’s licenses to DACA recipients say the state must be stopped from implementing its policy immediately.

The group of Deferred Action for Childhood Arrival status recipients alleged in a class action lawsuit that they and others were improperly denied driver’s licenses in Arizona when the state refused to accept their (c)(14)-coded employment authorization documents (EADs).

After obtaining an early win for Class certification, the plaintiffs are now asking a federal judge to require Arizona to accept the documentation so certain DACA recipients can obtain driver’s licenses.

“Defendants continue to discriminate against EAD holders because they believe a subset of deferred action recipients should not have authorized presence,” state the plaintiffs in their motion for the injunction. “Since all deferred action recipients have authorized presence, however, defendants cannot use this rationale as a basis for discriminating against these individuals.”

The plaintiffs argue that the Arizona policy is unconstitutional because it contradicts federal immigration policy. They say that immediate action is necessary to curtail any harm to current DACA recipients who are residents of Arizona and are seeking a driver’s license.

According to the class action lawsuit, Arizona’s policy of not accepting the EAD form as proof of presence in the state violates federal law. The Arizona policy requires those seeking a driver’s license to submit proof that their “presence in the United States is authorized under federal law.” The plaintiffs say that the DACA document authorizes their presence under federal law. Denial is a violation of the Equal Protection Clause of the United States, argue the plaintiffs, because it permits unequal treatment of individuals.

U.S. District Court Judge David G. Campbell certified the proposed Class in December 2017. The class action participants represent “all individuals who present or will present an EAD in order to establish authorized presence but will nevertheless be denied an Arizona driver’s license and identification cards[.]” According to the class action, there are hundreds of DACA recipients in the state with EAD documentation that will be denied driver’s licenses and identification cards under Arizona’s current policy.

Those unable to obtain driver’s licenses or government issued identification face problems finding employment, banking, traveling, and functioning in daily life, say the plaintiffs.

The class action lawsuit is not the first to hit the state over driver’s licenses and ID cards. Arizona lost a class action filed by other categories of DACA recipients who said they were improperly denied driver’s licenses.

Plaintiffs are represented by Karen C. Tumlin, Nicholas Espiritu, Nora A. Preciado, Esther Sung, Alvaro M. Herta and Jessica R. Hanson of the National Immigration Law Center, Julia Gomez of the Mexican American Legal Defense and Educational Fund, Tanya Broder of the National Immigration Law Center, and Daniel R. Ortega Jr. of Ortega Law Firm PC.

The Arizona Immigrants Driver’s License Denial Class Action Lawsuit is Valenzuela, et al. v. Ducey, et al., Case No. 2:16-cv-03072, in the U.S. District Court for the District of Arizona.