New York DMV rule on immigrants is reinstated
Friday, February 25, 2005 at 04:15PM For immigrants trying to renew their
driver's licenses, the rules have changed yet again. The New York State
Department of Motor Vehicles is restoring a set of policies that
require foreign applicants to prove their legal status in the United
States. The rules are the subject of a class-action lawsuit accusing
the DMV of improperly denying licenses to immigrants amid a post-Sept.
11, 2001, security crackdown. Under the DMV's policy, foreigners are
required to have at least a one-year visa with six months left on it in
order to obtain a license. Immigrant advocates argue that applicants
should have to prove only that they live in New York, not that they are
legal immigrants in the United States. Supreme Court Justice Karen
Smith last Thursday issued a temporary restraining order that barred
the DMV from denying immigrants a renewal license based on proof of
legal status. It did not address rules for new applicants. That order
was automatically stayed following a notice of appeal filed Tuesday
evening, said Paul Larrabee, a spokesman for the Attorney General's
office. The case now moves to the the state Appellate Division.
Eventually, a full appeal will be filed on behalf of defendants Gov.
George Pataki and DMV Commissioner Raymond Martinez, Larrabee said.
Meanwhile, applicants faced confusion this week at DMV offices, said
Jackson Chin, an attorney for the Puerto Rican Legal Defense and
Education Fund, which filed the lawsuit. He said earlier that the
judge's order had affected "tens of thousands" of drivers across the
state. Chin could not be reached to comment on the latest development
in the case. [more]
- NY: License Denials for Immigrants Are Blocked . [more]