Nebraska has joined Arizona in opposing legal status for immigrants who are newly-documented under Obama’s Deferred Action for Childhood Arrivals program, setting up a constitutional battle while raising tough questions about the program.
Tom Tingle/The Arizona Republic/AP
Two days after Arizona Gov. Jan Brewer declared her state won’t confer driver’s licenses and other state benefits to newly-documented immigrants under Obama’s “deferred action” immigration policy, Nebraska, too, put its foot down.
Echoing Gov. Brewer, Nebraska Gov. Dave Heineman (R) said on Saturday that Obama’s Deferred Action for Childhood Arrivals program does not make successful applicants “legal citizens,” meaning they remain ineligible for state benefits like driver’s licenses and other services.
The deferred action plan, which took effect on Wednesday, could make as many as 1.7 illegal immigrants eligible for “deferred action” status, meaning they’re eligible to receive work papers and driver’s licenses. Applicants have to be no more than 31 years old, must have arrived in the US before the age of 16, and have no major crimes on their record.
The opposition stances taken by Nebraska and Arizona seem to at least partially challenge federal law, specifically the 2005 Real ID Act, which lists “deferred action” recipients as being eligible for driver’s licenses.
Experts, however, admit there are gray areas in the Real ID Act, especially as neither Arizona nor Nebraska lawmakers have ratified it. That means the moves by the two states amount to a “Constitutional throwdown,” according to Michael Olivas, an immigration law expert at the University of Houston, who also suggests the driver’s license ban is “just sheer political pandering to largely nativist and restrictionist forces.”