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Greg Siskind on Immigration Law and Policy

HOW WILL SUPREME COURT RULE IF IT TAKES THE HAZLETON CASE?

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The National Journal's Jane Roh examines the question.

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  1. In Immigration Limbo's Avatar
    When my wife and I moved to Arizona last fall and went to get our drivers licenses, we were surprised when the clerk asked us to prove our immigration status. Even though we had just re-entered the U.S. a few days prior and our paperwork was found to be in order, she insisted that I was out of status and refused to give me a drivers license. She unapologetically told me that driving a car was a privilege, and that I would just have to walk or take the bus. Of course I screamed bloody murder to the supervisor and was eventually given a temporary drivers license (of the kind given to snow birds).

    It pains me to say this because I am very frustrated with the lack of enforcement we are seeing with immigration, but our experience with state agencies enforcing immigration law has been unfavorable to say the least. Immigration laws are complex and turning poorly trained state paper pushers into immigration enforcers will create as many problems as it solves.

    I guess it would be impossible for states to sue the feds to either recoup the costs of illegal immigration or to try and force them to do basic enforcement?
  2. poodle's Avatar
    Yeah. Btw, is it true that NY state give temporary licenses valid for the duration of status to people on F-1 and H-1B?
  3. 's Avatar
    "is it true that NY state give temporary licenses valid for the duration of status to people on F-1 and H-1B?"

    Yes. In fact NYS will issue a NYS DL to NIV holders if you have an authorized stay of 11 months or more on your I-94. See link below.

    http://www.nydmv.state.ny.us/license.htm#about
  4. USC's Avatar
    "is it true that NY state give temporary licenses valid for the duration of status to people on F-1 and H-1B?"

    Yes. In fact NYS will issue a NYS DL to NIV holders if you have an authorized stay of 11 months or more on your I-94. See link below.

    http://www.nydmv.state.ny.us/license.htm#about

  5. 's Avatar
    Will Hazleton go the other way too?

    Why not grant honorary citizenship to PhD holders??

    I bet then would come the discussion that immigration is a federal issue!
  6. poodle's Avatar
    USC, what I'm asking actually is do NYS state licenses have a stamp "Temporary Alien" on them or not now? I heard from some people that now they do. In the past they used to give the same licenses to legal aliens on visas like those they give to US citizens.
  7. USC's Avatar
    "what I'm asking actually is do NYS state licenses have a stamp "Temporary Alien" on them or not now?"

    AFAIK, No. However, a cop and most people would know that the person is an alien because presumably licenses issued to aliens would not be valid for 8 years and would not expire on the licensees birthday.

    Also you might want to read last month's Court of Appeals decision on illegals and NYS licenses:

    http://www.nycourts.gov/ctapps/decisions/jun07/74opn07.pdf

    FYI, in NY the Supreme Court is the trial court, the Appellate Division is the Appeals Court and the Court of Appeals is our highest court.
  8. poodle's Avatar
    USCIS, so in effect illegals bit the "big end" of the stick again.
  9. USC's Avatar
    poodle:

    USC = United States Citizen
    USCIS = United States Citizenship & Immigration Service aka INS

    One is something to be proud off, the other something to be ashamed off
  10. poodle's Avatar
    Sorry I guess it's become like a habit now that I'm typing it so many times.
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