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Apr 9, 2009 7:40 pm US/Central
DPS Prevented From Enforcing New License Rules
DALLAS (AP) ―
A judge blocked the Texas Department of Public Safety on Thursday from continuing to enforce new rules that prevent some legal immigrants from obtaining driver's licenses and identification cards.
State District Judge Orlinda L. Naranjo in Austin issued a temporary injunction and found DPS acted outside its scope of authority when it adopted the policy last year.
"This case is not about illegal immigrants obtaining driver licenses, it is about legal residents who have been denied or have been threatened a denial of a driver license," Naranjo wrote.
DPS spokeswoman Tela Mange said the agency has received the court's letter and is reviewing it with the state Attorney General's Office "to determine the next step."
The rules required identification card and driver's license applicants who weren't U.S. citizens to have visas that were issued for at least a one year stay and were still valid for at least six months from the date they were presented to DPS.
The Mexican American Legal Defense and Educational Fund sued on behalf of five people who have permission to work in the country and a Lewisville landscaping business that employs seasonal foreign workers through a federal program. MALDEF said its clients needed to drive as part of their jobs but couldn't get a license under the new policies because their visas are valid for only 10 months. MALDEF challenged DPS' authority to adopt the license and identification card rules.
"DPS has created havoc by attempting to inject its political agenda into the lawmaking process and improperly giving second class status to individuals who in every way have complied with the laws of the land regarding their presence in the United States and Texas," said David Hinojosa, MALDEF's lead attorney in the case.
While DPS has the authority to verify an applicant's eligibility, competency and identity -- including name, place of birth and date of birth -- the length of time a visa is valid has no correlation to those, Naranjo wrote. The state Legislature has outlined who cannot receive a driver's license, but people with less than six months left on their visa are not among the ineligible categories, the judge wrote in her order.
DPS also changed the way the cards look for people who aren't U.S. citizens or permanent residents but still have permission to live in the country. The licenses are marked with the words "Temporary Visitor," include the date permission to live in the U.S. expires and the picture and information are placed vertically, like that of a person under age 21. If permission to live in the U.S. is for an indefinite time period, the status date on the license would be for one year under the DPS rule.
The judge said DPS didn't appear to have adopted that policy through proper notice and comment required in rulemaking.
"The Texas Department of Public Safety in an overreaching action exceeded its authority by systematically denying full licenses to people who reside legally here in Texas," Nina Perales, southwest regional counsel for MALDEF, said in a statement. "We are pleased that the Court has concluded that the plaintiffs are entitled to an injunction pending a full trial."
The Public Safety Commission asked for the new guidelines, saying it was necessary to verify people's residency in the state, enhance security and deter fraud and misrepresentation, according to documents.
The series of changes took effect by Oct. 1 and moved Texas closer to complying with the federal REAL ID Act, which requires states to check immigration status and verify the identity of license and identification card applicants.
Gov. Rick Perry has defended the new rules as necessary to ensure public safety and national security.
(© 2010 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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