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Attorney General Roy Cooper announced today that DACA holders do bear legal presence and are therefore entitled to obtain a driver license under North Carolina State law.
After public outcry and pressure from immigrant youth and our supporters, we will get our license back! We just got official notice from the office of Attorney General Roy Cooper:
“It is therefore our opinion that individuals who have been granted deferred action under the Deferred Action for Childhood Arrivals policy directive are lawfully present in the United States during the period of deferment. As such, N.C. Gen. Stat. 20-7(s), which states that DMV shall issue a drivers license of limited duration to person who present valid documentation demonstrating deferment and meet all other statutory requirements, requires that such licenses be issued.”
This was problematic from the beginning as it is by North Carolina law that DACA holders can obtain a driver license. Let this be yet another example that when we stand up and fight back together, we can make clear demands to any government agency. We are our own voice! Somos nuestra propia voz! We are our own power! Nosotros tenemos el poder!
Now, we ask that this official statement from Attorney General Cooper be reflected in the NCDMV’s requirements to obtain a license immediately!
SIGN THE PETITION HERE!
It’s been stated by the NC Department of Transportation, that licenses will no longer be given to those who are DACA eligible and has revoked those that have already gone out. But that doesn’t mean we should give up or that we are powerless to change what’s happening.
A march is being planned for this Tuesday, Jan. 22 at the North Carolina Department of Transportation, 1 S Wilmington St., Raleigh, NC. There’s a Facebook event with all the details. Click here to confirm your assistance or to send immigrant youth in NC a message of support!
If you can’t make it, start an event in your city demanding this backwards policy be overturned. We’ve also created a petition with the numbers of those people who can make things right. Sign the petition, call as much as possible, and spread it widely.
Petition: http://bit.ly/licensenc
Attorney General Roy Cooper has the power to overturn this policy. In fact, the NCDOT is waiting for clarification from him that DACA holders do bear legal presence. Give him a call and ask him to give us our licenses back!
MAKE A CALL: (919) 716-6400
Sample script: “Hi, I am calling to urge Attorney General Roy Cooper to reverse the backwards policy of denying driver’s licenses to recipients of deferred action. According to NC state law, all it takes to get a driver license is legal presence. Please reinstate the issuance of driver licenses to DACA holders now.”
In the meantime, the NC DMV has changed their requirements to obtain a license, specifically excluding DACA holders (code c33). This is senseless as it keeps immigrant youth from driving to the same jobs they’ve been authorized to work at. Make one last call!
NC Department of Transportation - (919) 707-2800
Sample script: “Hi, I’m calling to urge NC Department of Transportation Secretary Tony Tata to reverse the backwards policy of denying driver licenses to recipients of deferred action. They have been authorized to legally work, let them drive!”
Believe us when we say, this is only the beginning if things don’t change, and FAST. We’re not letting this go without a fight, and neither should you.
If there was a question whether DMVs across NC were denying drivers licenses to deferred action beneficiaries or not, ask no more. We woke up to clarification yesterday when this stance became official. The DMV has updated its website reflecting the Department of Transportation’s intolerance of immigrant youth.
Let’s take a look:
Listed below are acceptable documents you can use as a non U.S. Citizen.
- I-551 Permanent Resident Card
- Machine Readable Immigrant visa
- I-766 Employment Authorization Card (must not reflect C33)
- Temporary I-551 stamp on I-94 or Passport
- I-327 Re-entry Permit with supporting immigration documentation
- I-94 Arrival/Departure Record
- I-20 accompanied by I-94
- DS-2019 accompanied by I-94
- I-571 Refugee Travel Document with supporting immigration documentation
- I-797 Notice of Action
- I-521L Authorization for Parole of an Alien into U.S. with supporting immigration documentation
- I-220B Order of supervision with supporting immigration documentation
The I-766 Employment Authorization Card (C33) is what is being issued to deferred action (DACA) receipients. Here the Department of Transportation / DMV specifically targets immigrant youth. They have claimed to media sources that the wording of legal presence vs legal status is confusing to them and they are unsure about the legality of issuing us drivers licenses. So they are seeking the opinion of Attorney General Roy Cooper and USCIS.
But why deny us licenses if all NCDOT needs is clarification from USCIS? And why now? It’s plain discriminatory! As we have pointed out before, deferred action has existed long before it was known as the directive from President Obama. Those who have been granted deferred action in the past and currently have no problem obtaining a license. But all of a sudden if you’re a DREAMer granted deferred action, you’re out of luck. Once again, we are used as political football. We cannot and will not remain silent!
Turns out the NCDMV has decided to put a hold on issuing driver licenses to Deferred Action beneficiaries. Remember when we were cautiously optimistic after President Obama’s June 15th announcement? This is precisely why.
Apparently, the NC Department of Transportation has contacted USCIS asking if having deferred action means you have legal status or not. USCIS has stated that who gets drivers licenses is up to each individual state not the federal government.
In the meantime, there is no law stating DACA beneficiaries cannot obtain a drivers license. This is only an internal policy that is not written down anywhere. We suggest you go to the DMV when you receive your work permit and social security number. Let us know how it goes. Email Jose Rico at jose.rico@thencdreamteam.org with your name and city/county where you live so we can keep track of what individual DMVs are saying.
