NE Judge refuses to drop suit over immigrant driver's licenses

A judge has refused to dismiss a lawsuit against the DMV for not issuing driver’s licenses to immigrants brought to the country illegally as children but allowed to stay as part of a federal program.

But it wasn’t a total win for the ACLU, which filed the suit in Lancaster County District Court last summer on behalf of four people who live in Omaha.

The state argued that the Department of Motor Vehicles was obligated to follow state law.

Federal law allows them to stay in the country as part of the Deferred Action for Childhood Arrivals Process.

In a ruling Wednesday, retired District Judge Jeffre Cheuvront, who heard arguments Nov. 18, said he could not at this stage determine if the four were asking the court to direct the state to issue the licenses or to stop it  from performing an invalid act or abusing its authority by denying the licenses.

“While it is true that there is no Constitutional right to a driver’s license, it is equally true that such a license cannot be denied based on an unlawful classification,” Cheuvront wrote.

For that reason, he said, he could not dismiss the case, as the state asked.

But the judge also said that because the DMV hasn’t adopted a rule or regulation on the subject, there is nothing for the court to interpret. The ACLU contends the department is basing its stance on public comments made by Gov. Dave Heineman, but Cheuvront said those comments didn’t constitute rules.

In 2012, Heineman said Nebraska would deny driver’s licenses to illegal immigrants who become eligible to work in the United States.

Near the end of Cheuvront’s order, he made an observation, one that he raised at the Nov. 18 hearing.

“The plaintiffs could apply for a license, have it denied, request a hearing before the department, and if unsuccessful, appeal to the district court,” he wrote.

This would avoid “fussing over” whether the case was filed in the right place or whether the state has immunity from such lawsuits, he said.

On Thursday, ACLU Nebraska Attorney Amy Miller said her organization will continue to try to overturn what she described as a unilateral policy made by press release. She said she hadn’t yet been able to reach the clients, who she described as high-achieving kids.

She said some already have gone to the DMV and been turned away at the front desk.

“So we feel that they have made their best efforts,” Miller said.

But she said she’ll talk to the clients about going back through the DMV, which could take several months.

Cheuvront gave them two weeks to decide if they want to amend the complaint.