driver's license

Hit-and-run driver facing possible extradition, deportation

EAST BRUNSWICK TOWNSHIP, Pa. -  State police say a 38-year-old man may be extradited and deported after he was arrested and charged for a hit-and-run crash in Schuylkill County.

The crash happened back on Feb. 26 along Route 443, about a half-mile east of New Ringgold Borough.

According to police, a Honda Accord and Dodge Dart were traveling westbound when the Accord tried to pass the Dart around a curve in the roadway.

When the Accord went to merge back into the right lane, police say the passenger side of the vehicle struck the front driver side of the Dart.

When both vehicles entered New Ringgold, the Accord fled the scene, turning left and traveling southbound, into a public park.

The driver of the Dart followed the Accord, and was able to photograph the vehicle's license plate with her cell phone.

Police say the Accord then fled the scene without stopping, and took off through New Ringgold.

Two weeks later, early Saturday morning, the Accord was spotted traveling eastbound along Route 443 outside the borough.

A traffic stop was initiated near Schuylkill Road, according to a state police press release.

The description of the driver matched the description that was given by the driver of the Dart in February, and police say the registration was also a match.

The driver of the Accord - identified as 38-year-old Daniel Naploes Herrera - admitted to being the driver involved in the hit-and-run. Herrera told police he fled because he did not have a valid driver's license.

Herrera was taken into custody and transported back to the state police barracks in Frackville where he was fingerprinted.

That's when police discovered Herrera was a wanted person from Oregon, and also illegally entered into the United States as a citizen of Mexico.

Herrera was hit with a number of traffic-related charges, including careless driving and failing to have a valid license. He was arraigned and committed to the Schuylkill County Prison.

State police say a detainer was also placed on Herrera by the United States Immigration and Customs Enforcement Department.

Herrera is currently awaiting possible extradition back to Oregon and possible deportation back to Mexico.

States Step Up As Washington Stalls On Immigration

Maybe it's understandable that immigration reform remains stalled in Congress during an election year. And that the fate of President Obama's executive actions on immigration before the U.S. Supreme Court remains unclear, especially in the aftermath of the death of Justice Antonin Scalia.

But lawmakers in virtually every state in the union aren't waiting for Washington. The number of states taking action by passing immigration-related laws is growing — by 26 percent last year...

Last year, 216 immigration laws were enacted as opposed to 171 laws in 2014...

The new laws cover health, education, employment and licensing issues.

In some cases, the laws expand rights for immigrants, legal or otherwise. For example, California allows health care for all children regardless of their immigration status. In other instances, some states impose more restrictive measures, such as Idaho, where an applicant for a driver's license must provide proof of U.S. citizenship or lawful permanent residency.

Here are some other examples contained in the report:

Education

An Oregon law allows students in the country without valid visas to apply for state-funded financial aid programs.

A West Virginia law establishes that only U.S. citizens are eligible for teacher's certificates. However, an allowance is permitted to a person who is an exchange teacher from a foreign country.

Employment

— In North Carolina, a new law requires all state government contractors to use E-Verify, the federal government's online system for checking whether prospective employees are authorized to work in the U.S. It also prohibits cities and counties from adopting sanctuary ordinances that would limit enforcement of federal immigration laws.

Law Enforcement

— Illinois passed a law requiring that when foreign nationals are arrested or detained, they must be advised of their right to have their consular officials notified.

— Texas now requires the attorney general to establish a transnational and organized crime division to address border security and organized crime, including prosecuting trafficking in persons and assisting victims of trafficking.
 

New Normal – “Border surge”: Obama is issuing work permits and SSNs to illegal aliens without even the pretense of vetting

Dustin Inman Society blog post - written by D.A. King spells out just how "broken" our immigration system really is.

‘STOP THE RAIDS – NOT ONE MORE DEPORTATION!’ Protest in front of Atlanta immigration court, January 7, 2016

Obama is giving out work permits and SSNs to illegal aliens without even the pretense of vetting. 

(Note: In Georgia, as in other states, the ability to produce a federal EAD (work permit) and a valid SSN can be used to obtain a drivers license – the defacto national ID card.)

We have two separate news reports indicating that the Obama administration has been issuing work permits and Social Security Numbers to the illegal aliens who made up the 2014 “border surge” that was depicted by the media to be mostly “Central American children.”

We note the impossibility of vetting these people, whoever they are.

BONUS: 2014 UAC BORDER SURGE BY THE NUMBERS

Here (1:45 minute video) is the first whiff from a local TV news report just after the “raids” of early January that reportedly netted all of 121 victims of borders who had pending deportation orders. The reporter was handed a copy of a work permit that one of the illegals had been issued when she landed in Atlanta after crossing over from Mexico. I have spoken to the reporter and he is firm that the work permit was described and presented to him as having been issued to the recently deported.

Then, the Washington Post’s Pam Constable filed a (one-sided) story from Atlanta with the same claim: Another illegal alien, Rosa Vargas, who had been caught up in the same micro-sweep had apparently been issued a work permit soon after reaching the U.S. – the valid Social Security number comes along with that prize.

From the WaPo:

“The whole family agreed she would be better off leaving, that she should come here because she would be safe in America,” said Morales, 30, a carpenter with temporary legal status. He said Vargas was issued a work permit and a Social Security number when she was released from border detention in 2014 and found work cleaning houses in Atlanta after coming to live with him.”

“Give me my permiso!”

The “migrants” are getting a ” Notice to Appear ” – which they call ‘ permisos ’ – to show up in immigration court some time in the distant future to plead for asylum or refugee status. Most never appear in court and simply disappear into Obama’s transformed America. They are here to stay. That ‘permiso’ document allows them to claim to be ‘legally present’, pending a court’s decision to send them home – or not.  With this they can get work permits — and then drivers licenses unless and until another “raid” results in deportation, which is very unlikely.

It also appears from Constable’s report that the narrating alien (Morales) has been given some sort of “temporary legal status” – we think that means deferred action on deportation through the DACA program. If so, the temporary status is not “legal. ” According to DHS, deferred action recipients are still illegal aliens.

USCIS:
What Is DACA
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status (emphasis mine).

So, to sum up, with zero fanfare that we know of, Obama has apparently been giving at least some of ‘border surgers’ the ability to not only take American jobs, but to obtain a drivers license.

Here we note that the drivers license is used as ID blend into mainstream America, to register to vote, rent a car or truck, buy explosives and board an airplane. The organized rush on the border is the new normal.

Riding to America

In Georgia the drivers license issued to illegal aliens with deferred action is so similar to the ones issued to American citizens and non-citizens with legal status (like executives from Mercedes Benz) that the Department of Driver Services has taken to imprinting a large arrow on graphics of the license given to illegals directing the viewer to the slight addition noting “limited term.”

For the reader who may be asking: Yes, the deferred action illegal aliens are also being issued official state photo ID cards (“Georgia ID”) – and are eligible for a host of public benefits – including unemployment benefits.

Georgia is ruled by Republicans. Who ran as “conservatives.”

On the drivers license to illegal aliens, we think there is a better way.

 

IRLI Files Motions to Intervene and Dismiss in Illegal Alien Lawsuit Seeking Driving Privileges

(Washington, D.C.) – On Wednesday, January 13, 2016, the Immigration Reform Law Institute (“IRLI”), along with Jill Gibson of the Gibson Law Firm, LLC, filed on behalf of their client Oregonians for Immigration Reform (“OFIR”) a motion to intervene in an Oregon federal court lawsuit brought by five admitted illegal aliens and two illegal alien special interest groups (collectively “plaintiffs”). At the same time, IRLI and Ms. Gibson filed on OFIR’s behalf a motion to dismiss the lawsuit as lacking merit. The lawsuit seeks to force the State of Oregon to grant driving privileges to illegal aliens.

Specifically, the suit seeks to overturn as unconstitutional the outcome of the November 2014 general election in Oregon, when, through the Oregon Constitution’s referendum veto process, Oregon voters overwhelmingly rejected (by 66%) a bill passed by the legislature and signed by the governor that would have extended eligibility for driving privileges to unlawfully present persons (OFIR was the driving force behind the referendum veto who collected the requisite number of signatures to get the issue placed on the ballot.). Conspicuously absent from the plaintiffs’ complaint is any mention of the alleged fundamental right denied them. Certainly it is not the right to a driver’s license or interstate travel as every court to address this issue has held that illegal aliens hold no such rights.

States actually have a number of legitimate public purposes that are rationally served by laws that restrict driving privileges to persons lawfully present in the U.S. For instance, states have a legitimate interest in limiting their finite resources to citizens and legal aliens and in not allowing their government machinery to be a facilitator for the concealment of illegal aliens. States also have a legitimate concern that persons subject to immediate or subsequent deportation will not be financially responsible for property damage or personal injury due to automobile accidents. Finally, states have a legitimate interest in promoting national security. Granting driving privileges to illegal aliens harms national security because, unlike legal aliens, illegal aliens have not undergone background checks or face-to-face interviews to determine whether they pose a national security threat.

Dale L. Wilcox, IRLI’s Executive Director commented, “This is a ridiculous case with no merit and is a waste of the court’s time and precious resources. The audacity of trespassers on our sovereign soil to demand taxpayer-funded benefits, like a driver’s license or card, just boggles the mind.” Wilcox continued, “Illegal aliens do not have a right to driving privileges, nor do they have a right to travel freely in the U.S. as federal law makes their very presence in the U.S. unlawful. In short, this case is about sour grapes as the overwhelming majority of Oregonians have spoken and rejected taxpayer-funded giveaways to those who have no legal right to be here.”

A copy of both motions as filed can be seen here:

http://Irli.org/wp-content/uploads/2016/01/stamped-motion-to-intervene.pdf

http://Irli.org/wp-content/uploads/2016/01/stamped-motion-to-dismiss.pdf

For additional information, contact:

Dale L. Wilcox
202-232-5590
dwilcox@irli.org

OFIR meeting - this Saturday!

Alert date: 
2016-01-22
Alert body: 

Never before has the issue of immigration – both legal and illegal – been such an important topic in the Presidential election. And, never before has our country been in such jeopardy because of our lax immigration policies.

Join OFIR this Saturday - bring your ideas and we will have an open discussion about what we can and should be doing to take advantage of the momentum in the immigration debate.

We'll also bring you up to date on the status of OFIR's two citizen's initiatives that have been winding their way through the ballot title challenge process all the way to the Supreme Court.

And, for all of you that worked so hard to defeat driver cards for illegal aliens, and are following the lawsuit filed in Federal Court to overturn our big 66% win – we will have the latest news to report to you.

And, if that's not enough – it's time to elect NEW Executive Board officers!

2016 promises to be a watershed year and hopefully a turning point for U.S. and Oregon immigration policies. But, voters must step up.

If you have questions please call OFIR at (503) 435-0141 or send an email to ofir@oregonir.org.

Driving directions to Best Western Mill Creek Inn:
From I-5, take exit 253, which is the intersection of I-5 and State roads 22 and Business 99E. Go West on 22 (Mission St.) a short distance to Hawthorne Ave. (Costco will be on your right.) Turn R on Hawthorne Ave. to the first left, which is Ryan Drive. Turn left on Ryan Drive, by Denny’s Restaurant, and proceed to Mill Creek Inn just beyond.

From downtown Salem: Go east on Mission St. (State Rd. 22). Follow 22 just past the Airport and turn left on Hawthorne Ave. Then take the first left (almost an immediate left) into Ryan Drive; you will see the Inn directly ahead.

On Driver's Licenses for Illegal Aliens, States' Rights, and Discrimination

Fox News is reporting that a group of aliens living illegally in the United States, Oregon specifically, is suing to overturn a ballot initiative in that state in which voters resoundingly rebuffed attempts to legislatively permit illegal aliens to obtain Oregon driver's licenses.

The basis? Discrimination. The plaintiffs allege that the ballot initiative, Measure 88, is unconstitutional "because it 'arbitrarily' denies driving privileges based on membership in a 'disfavored minority group.' It [the lawsuit] alleges Oregon voters were motivated by "animus toward persons from Mexico and Central America."

Fox quotes Norman Williams, associate dean for academic affairs at the Willamette University College of Law in Salem, as saying "that the plaintiffs' best argument is under the U.S. Constitution's Equal Protection Clause — and to claim Oregon has no rational basis for depriving undocumented Latin Americans of the ability to drive on Oregon's roads."

Mr. Williams goes on to say, "The U.S. Supreme Court has been clear that neither legislators nor voters may target a minority group because of their race or ethnicity."

He seems to be missing the point that it is immigration status, not race or ethnicity, that is key to the license denial. It is beyond argument that the state has a legitimate interest in deciding to whom it will issue driver's licenses; certainly Oregonian voters think so. So does the Federal Fifth Circuit Court of Appeals, which recently sustained a restraining order against the Obama administration issued by a U.S. District Court in Texas after that state (and 25 others) filed suit. Perhaps the good dean should read that opinion.

It is hard to imagine how a claim of unconstitutional discrimination could possibly be sustained. First, the ballot measure is facially neutral. It denies a license to anyone who is illegally in the country, without regard to race, ethnicity, or national origins. An overstayed Canadian of Northern European origins would be denied a license as surely as a mestizo from Mexico.

Second, individuals lawfully residing in the United States — including, obviously, people of Mexican or Central American origin — are all entitled to licenses without other qualifiers or caveats, so they are clearly unaffected. Surely if there were state-sanctioned "animus toward persons from Mexico and Central America" it would leak over into other provisions of the motor vehicle laws. But it clearly has not.

While it is true that Mexicans make up a large (but shrinking) portion of the population of aliens illegally in the United States — the Pew Research Center estimates 5.6 million in 2014, down from 6.4 million in 2009 — it is equally true that Mexicans represent the highest proportion of lawful resident aliens living in the United States as of 2013, according to the Department of Homeland Security. (See Table 4, here.)

The only thing one can reliably conclude from available statistics is that, by geographical circumstance (Mexico being the neighbor to our immediate south and the Central American countries just a bit further south), a large proportion of both our legal and our illegal populations will almost inevitably emanate from those countries. How this translates into a claim of discrimination is beyond me.

Let us watch and see how this mini-drama plays out. One suspects that the legal organizations representing the plaintiffs know full well that they are attempting to tilt the tables in the ongoing struggle between the states and the administration in the Fifth Circuit case, which the Justice Department has asked the Supreme Court to hear, by playing off of the same issues under the guise of discrimination.
 

Lawsuit aims to reinstate driver cards law dumped by voters

PORTLAND — An Oregon nonprofit filed a lawsuit Wednesday seeking to reinstate a state law that would have allowed people to get driver's cards if they can't prove they are in the U.S. legally.

The law was approved by the Legislature in 2013 then overturned by voters the following year in a referendum.

In its lawsuit, the Oregon Law Center says it's illegal for Oregon to enforce Measure 88 ...

The group says the measure took driving privileges away from immigrants who lack legal status ...

The lawsuit also says the measure was driven by animosity and the desire to punish or to avoid rewarding a politically unpopular minority...

As a result, it is discriminatory and violates the U.S Constitution, the suit says.

The lawsuit does not question the general validity of Oregon's citizen initiative process.

Defendants targeted in the lawsuit include Gov. Kate Brown, the director the state Department of Transportation, several Transportation Commission members, and the administrator of the Oregon DMV.

State Attorney General Ellen Rosenblum's spokeswoman Kristina Edmunson said the Oregon Department of Justice will represent the defendants. Edmunson declined to comment on the pending litigation.

About 120,000 immigrants in Oregon lack legal status, according to the Pew Research Center...

The complaint was filed in the name of five anonymous immigrants who would have qualified for the driver's cards...

The suit seeks to be certified as a class action that includes all residents who have lived in the state for more than one year and are denied driving privileges solely because they are unable to prove legal presence.

The state estimated that, were it not for the passage of Measure 88, it would have issued about 84,000 driver's cards in the first year...

... in 2008, to make licenses compliant with the federal REAL ID Act, legislators enacted a law that required Oregonians to show proof of legal presence in the U.S. to obtain a license.

The state reversed course in 2013, joining seven other states in granting driving privileges to immigrants lacking legal status....

Oregon voters, by a margin of 66 percent to 34 percent cancelled that law before it went into effect.

Proponents of Measure 88 — mostly represented by the group Oregonians for Immigration Reform — said granting the driver cards would lead to more immigrants without legal status moving to Oregon, taking Oregonians' jobs and pushing up crime rates.

Andrea Miller, director of the Oregon immigrant-rights group Causa which pushed for the driver card law, said Measure 88's invalidation of the law has led to a crisis in the Latino community...
 


 

Oregon driver cards: Immigrants sue to reverse Measure 88 defeat

SALEM — A group of Mexican immigrants is suing to reverse a decision by Oregon voters on a 2014 ballot measure that prevents undocumented immigrants from getting Oregon driver cards.

In a lawsuit filed Wednesday in U.S. District Court in Eugene, the plaintiffs said the outcome of Measure 88 is unconstitutional because it "arbitrarily" denies driving privileges "to Plaintiffs and others based on their membership in a disfavored minority group."

The plaintiffs also say the referendum was "motivated in substantial part by animus toward persons from Mexico and Central America,"...

The lawsuit comes nearly a year after Oregon voters resoundingly defeated Measure 88,...

"It was an overwhelming rejection of giving drivers' licenses to illegal aliens," said Jim Ludwick, communications director for Oregonians for Immigration Reform. "but somehow that doesn't apply to people who are here illegally and think the law doesn't apply to them." 

The measure was a reaction to Senate Bill 833, which passed in the 2013 legislative session with support from Democrats and a few moderate and rural Republicans. Then-Gov. John Kitzhaber signed the bill at a May Day rally on the Capitol steps before a raucous crowd of 2,000 people.

But the law never took effect as opponents quickly organized a campaign to refer it to the ballot.

Since 2008, Oregon has required applicants for a driver's license or permit to provide proof of citizenship...

"It's reached a crisis point for families because they don't have a solution,"...

The five Mexican immigrants, identified only by their initials in court documents, are joined by two Latino nonprofits, Familias En Acción and Los Niños Cuentan, as plaintiffs in the case....

Kristina Edmunson, a spokeswoman for Oregon Attorney General Ellen Rosenblum, said the state is reviewing the case but declined to comment further.

— Ian K. Kullgren


 

Feds say WA drivers licenses won’t be good enough for airport security

Soon, Washington residents may need a passport or other federally issued identification to board commercial flights or enter federal buildings because Washington-issued licenses won’t be acceptable.

The U.S. Department of Homeland Security told the state this week that standard driver licenses and identification cards will have to comply with federal rules requiring proof of U.S. residency or citizenship in order to be valid for federal purposes, according to the Associated Press.

The Department of Homeland Security’s REAL ID program already requires states to ask for proof of U.S. citizenship or permanent residency for state-issued identification that would be acceptable to get into federal buildings. The same also will be required — perhaps as soon as next year — to use state-issued identification for airport security lines.

Most states do not issue drivers licenses without proof of residency or citizenship. Washington and New Mexico are the only states that issue standard driver’s licenses and identification cards regardless of U.S. residency or citizenship status. Other states, including California, issue drivers licenses to people without documentation, but the licenses and identification cards indicate that the identification card is not valid for federal purposes.

Washington had an extension to comply with the REAL ID law. But this week, the Department of Homeland Security declined to continue to Washington’s extension and gave the state three months to comply, according to the Associated Press.

Earlier this year, the Washington Department of Licensing developed a proposal that would have continued to allow undocumented immigrant drivers to get standard licenses and expanded the state’s existing Enhanced ID program. But the proposal died in the 2015 legislative session.

In 2007, the Washington state legislature passed a bill opposing the federal REAL ID mandates.


 

More states tackle driver’s card dilemma

A new study out Tuesday, Aug. 18, shows that the number of individual states bypassing thorny federal immigration issues and instead finding practical ways to deal with driving privileges for unauthorized immigrants is growing.

The PEW Charitable Trusts report, called “Deciding Who Drives; State choices surrounding unauthorized immigrants and driver’s licenses,” released Tuesday, said 10 states and the District of Columbia passed driver’s license laws for non-citizens in 2013. It had been 11 states until Oregon’s law was repealed by ballot measure last fall.

Two more states, Delaware and Hawaii, passed laws this year granting driver identification to unauthorized immigrants. And four more, Minnesota, North Carolina, New Mexico and Texas, have bills in front of legislative committees.

“So you can see, this issue exemplifies immigration federalism,” said Adam Hunter, a director at the PEW Charitable Trusts whose team put the report together. “All states are grappling with immigration. We have large states, small states and states across the political spectrum that don’t want to address immigration reform, but do want to comply with the REAL ID Act of 2005.”

The act, a voluntary measure for states, sets minimum standards for driver’s licenses on issues such as security features for federal identification. States that issue separate driver’s cards for unauthorized immigrants are required to give them distinctive markings and text that says “not valid for federal identification.”

States such as Washington avoided some of the anticipated problems of having two separate sets of driver’s ID by issuing unauthorized immigrants the same driver’s license as it issues to other residents. Hunter said this proviso means Washington is not in compliance with the voluntary federal law.

“These licenses don’t grant or change anyone’s immigration status,” Hunter said. “Immigration has always been thought of as a federal-level prerogative. This report shows that it is an issue of a growing number of states legislating on matters of importance to their immigrant populations. They’re applying practical solutions on local matters.”

Hunter said it was too early to know whether states who’ve adopted local driver’s license laws have seen an increase or decrease in unauthorized-immigrant population growth, because many of the new laws had only been implemented this year.

Cynthia Kendoll, president of Oregonians for Immigration Reform, the grassroots organization that helped overturn Oregon’s driver’s card law last year, said she’d be more likely to read a PEW report that examined the number of states trying to repeal their laws versus those trying to implement one.

“I don’t expect it’ll (issuing driver’s cards for unauthorized immigrants) come up next session,” Kendoll said. “But then you never know what the Legislature is going to do. I would hope they’d listen to what the people, their constituents, want. And I think that 66 percent of Oregonians (the percentage who voted to repeal the law last November) is a pretty good indication of what the people of Oregon want.”

STATESMAN JOURNAL
Driver cards rejected by wide margin
 

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