The Akron Legal News

Bill would clarify Ohio driver's license eligibility

TIFFANY L. PARKS
Special to the Legal News
Published: June 18, 2013

Rep. Matt Lynch is leading the way on a bill he says would return Ohio to the “status quo ante” following an executive order from President Barack Obama.

House Bill 114, which has gained the support of Ohio Citizens for Sensible Immigration and the Ohio Jobs & Justice PAC, would specify which individuals who are not U.S. citizens are eligible for an Ohio driver’s license or motorcycle operator’s license or endorsement.

“Prior to June 15, 2012, in order to receive an Ohio drivers license an applicant had to prove that they were legally present in the United States. This did not mean they must be a citizen, but rather only that they fit into one of several categories of lawful immigration under federal law,” said Lynch, R-Chagrin Falls.

The lawmaker pointed to Obama issuing an executive order on that day that implemented provisions of the DREAM Act, which failed in Congress.

The DREAM Act was crafted to grant conditional permanent residency to certain immigrants of good moral character who graduate from U.S. high schools, arrived in the country as minors and lived in the U.S. continuously for at least five years prior to the act becoming law.

If applicable individuals were to complete two years in the military or two years at a four-year institution of higher learning, they would obtain temporary residency for a six-year period under the federal proposal.

Within that six-year period, individuals could qualify for permanent residency if they acquired a degree from an institution of higher education or completed at least two years, in good standing, in a program for a bachelor’s degree or higher degree in the U.S.

They could also qualify for permanent residency if they served in the armed services for at least two years and, if discharged, received an honorable discharge.

One of the provisions of the DREAM Act included in Obama’s directive was to defer any deportation or enforcement action against certain individuals known to be in the country illegally.

“This scheme is known as Deferred Action for Childhood Arrivals or DACA. As the name suggests, under DACA a person who illegally entered the U.S. as a child and meets various other requirements will not be deported for up to two years,” Lynch said. “It is important to recognize that qualifying for DACA does not create legal status but rather just defers enforcement against a person who is admittedly in the country illegally.”

In March, Lynch said the Ohio Bureau of Motor Vehicles authorized the issuance of driver’s licenses for DACA-qualified applicants.

“We should be clear about the status of a person under DACA. Prior to the president’s executive order, no one who met the DACA requirements could obtain an Ohio driver’s license,” he said.

“Ohio law was clear. If you were not legally in the country, you could not legally obtain an Ohio driver’s license. This does not mean you had to be a citizen, since as listed in HB 114, there are a number of different categories under federal law which would allow you to get a driver’s license in Ohio.”

Lynch said it was only after the president took action that anyone could argue that DACA created a new category of individuals who qualify for an Ohio license.

“HB 114 therefore is not new law but merely restores the law as it was prior to DACA,” he said.

“I’d like to emphasize that returning to the law as it was prior to June of 2012 is important for at least two reasons. First, illegal immigration is a serious and growing problem. Ohio has a rapidly growing illegal alien population of about 110,000 persons, nearly tripling since 2000.”

The second reason, Lynch said, is rooted in not allowing the federal government to dictate Ohio policy.

“While Congress may sit idly by and allow the president to override Congress, we here in Ohio should not allow ourselves to become mere subjects of the federal government,” he said.

“We have every right and obligation in Ohio to establish qualifications for a driver’s license. No one, and I stress no one, suggests that Ohio lacks the authority to deny DACA participants a driver’s license.”

Lynch said at least two other states, Arizona and Nebraska, have already taken similar action.

“When Congress refused to pass the DREAM Act in 2010 it did so because it is clear that extending public benefits to illegals would only serve to encourage more illegal immigration,” he said.

“We have a choice. We can and should deny DACA participants Ohio driving privileges and thereby discourage illegal immigration to Ohio.”

HB 114 is co-sponsored by Reps. John Becker, Bill Hayes, Ron Maag, Wes Retherford and Lynn Wachtmann.

The bill is before the House Transportation, Public Safety and Homeland Security committee.

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