Wednesday, April 23, 2014

Immigration Article of the Day: Branded to Drive: Obstacle Preemption of North Carolina Driver’s Licenses for DACA Grantees by Tung Sing Wong

Branded to Drive: Obstacle Preemption of North Carolina Driver’s Licenses for DACA Grantees by Tung Sing Wong, Hamline Law Review: Vol. 37: Iss. 1,

Abstract: On March 25, 2013, North Carolina began issuing special driver’s licenses (N.C. licenses) to qualified undocumented immigrants protected from removal under Deferred Action for Childhood Arrivals (DACA). The front of the license contains the words “NO LAWFUL STATUS” in bold red letters, conspicuously publicizing DACA grantees’ delicate immigration status. The key issue is whether states can publicize the immigration status of individuals who are protected from deportation by the federal government. DACA preempts the N.C. licenses because the N.C. licenses draw attention to DACA grantees’ immigration status in a way that frustrates the federal policy to integrate DACA grantees.

KJ

http://lawprofessors.typepad.com/immigration/2014/04/immigration-article-of-the-day--11.html

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