Tuesday, June 6, 2017

Supreme Court Considers Cert Petition Raising Question Whether States Must Issue Driver's Licenses to DACA Recipients

Can the U.S. government states to issue driver's license to recipients of Deferred Action for Childhood Arrivals?  That is the issue raised in a certiorari petition filed by the state of Arizona.   the petition was SCOTUSBlog's "Petition of the Day" yesterday.  The petition of the day is in Brewer v. Arizona Dream Act Coalition .  As spelled out by Arizona, the questions presented are  (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in creating an immigration-specific rule under which state police power regulations that “arrang[e]” federal immigration classifications are pre-empted, even if pre-emption was not “the clear and manifest purpose of Congress”; and (2) whether the 9th Circuit erred in assuming that the Deferred Action for Childhood Arrivals program, an executive-branch policy of non-enforcement, was valid under “federal law” capable of pre-empting a state police power regulation.



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