Iowa stance on immigrant driver's licenses criticized

• DOT says state law bars driver's licenses for those in U.S. illegally
• ACLU has challenged similar decisions in other states
• Iowa lawmakers say they have no plans to address the issue

DES MOINES, Iowa -- Immigrant advocates are criticizing Thursday's decision by the Iowa Department of Transportation to deny driver's licenses to young people whom the Obama administration has allowed to stay and work in this country.

However, state officials say the decision — which could affect almost 5,000 Iowa immigrants — is simply intended to comply with state law and federal guidelines. In addition, key leaders in the Iowa Legislature say they have no plans to enact measures requiring DOT officials to issue driver's licenses to such workers.

The decision is bad news for Omar Del Jesus Mex Valle, 24, of Denison, who is participating in a new federal program that lets him temporarily remain in the U.S. He's a native of Campeche on Mexico's Yucatan Peninsula who came to Iowa when he was 15 years old to join his mother and father, who immigrated here illegally. He told The Des Moines Register on Thursday that the agency issued him an Iowa DOT driver's license in October after he passed a written exam and a behind-the-wheel test.

Now he faces the imminent loss of his driver's license.

"Oh, my gosh! I already have it," he said. "I hope they don't take it from me. I need it to go to my job, and to do stuff for my family."

The Iowa DOT's decision applies to young people — many of whom were brought here illegally as children by their parents — participating in a federal initiative known as Deferred Action for Childhood Arrivals. President Barack Obama unveiled the program in June, saying it would allow some of those young adults to seek a two-year permit allowing them to live, work and study here without fear of deportation.

About 1.7 million people under age 30 nationwide are expected to meet the policy's age, education and clean criminal history conditions, according to data from the American Immigration Council in Washington, D.C. There are an estimated 11 million immigrants illegally residing in the U.S.

Iowa DOT Director Paul Trombino III said Thursday that his agency's decision means the DOT will not provide Iowa driver's licenses or state identification cards to those granted deferred action status by the U.S. Citizenship and Immigration Services. He said the determination was based on guidelines described by U.S. Secretary of Homeland Security Janet Napolitano in a memorandum issued June 15.

Trombino said Iowa law says that a driver's license or non-operator ID card shall be issued to a foreign national only if he is authorized to be present in the United States. The Iowa DOT does not have the legal authority to issue those items to people granted Deferred Action for Childhood Arrivals status, he said.

Trombino said he was aware of only one driver's license and one state ID card that were issued by the DOT to illegal immigrants participating in the federal program, although he acknowledged there might be others. In each case, DOT staff will contact the individual and inform him that his license or state ID card is not valid, he added.

The DOT's decision came in response to a letter sent in October by the Iowa chapter of the American Civil Liberties Union that asked whether the state would grant driver's licenses to immigrants granted deferred action status. Federal Homeland Security officials have said each state can determine whether to issue licenses or extend other benefits to young immigrants who qualify for the deferred status.

Randall Wilson, the Iowa ACLU's legal director, said Thursday that he was surprised by the Iowa's decision. The ACLU maintains that state officials should be granting driver's licenses and state ID cards to such immigrants.

"It seems to me they are arguing about angels dancing on the head of a pin here. These people have been granted status to stay in the United States for a period of time, and whether you want to call it illegal, legal or indeterminate, it doesn't matter. They are here, so this issue needs to be addressed, either legislatively or in the courts," Wilson said.

The ACLU and others have already filed lawsuits in Michigan and Arizona challenging decisions in those states to deny driver's licenses to those allowed to work and stay in the country under the federal program.

Sandra Sanchez, a U.S. citizen and native of Mexico who heads an immigrant advocacy program for the American Friends Services Committee in Des Moines, also was sharply critical of the decision, calling it misguided.

"In my opinion, this was either plain ignorance or plain politics, and it is not fair to play politics with these kinds of people," Sanchez said. "We have already invested in their education. Why not give them the opportunity to fully integrate into our community so they can contribute back? You need a car to go to school, to go to work in Iowa. What are they thinking?"

Loris Chesser, a Des Moines immigration lawyer, believes DOT officials were wrong in their legal interpretation.

"How am I not authorized to be present if I turn myself in to the federal government? They have given me a work permission; they will let me travel and then come back. I don't see how you can say that is not authorized to be present," Chesser said.

Tim Albrecht, Branstad's spokesman, said the governor believes state officials should always follow Iowa law. "Should the Legislature wish to make changes, the governor will review their proposals and would carefully consider any legislation that arrived at his desk," Albrecht said.

But Iowa House Speaker Kraig Paulsen, R-Hiawatha, said Thursday that he didn't expect his chamber to consider such legislation when the 2013 session convenes in January.

"I don't see any scenario where we give driver's licenses to people who are here illegally," Paulsen said.

Two Iowa Republicans, U.S. Sen. Chuck Grassley and U.S. Rep. Steve King, have each blasted Obama's program as a serious overreach of executive authority.

According to Stateline, a news service of the Pew Center on the States, illegal immigrants who qualify for the federal Deferred Action for Childhood Arrivals program can qualify for driver's licenses in 17 states. Officials have announced they are not eligible in six states.

Three states — Washington, New Mexico and Utah — allow undocumented immigrants to obtain driver's licenses because their laws do not require proof of citizenship or legal residence.