Posted on 11/16/2010 9:23:23 AM PST by markomalley
In a legal opinion rooted in the summertime death of a nun hit by an alleged drunken driver, Virginia's attorney general ruled that the state Department of Motor Vehicles does not have to accept work permits as sole proof that a driver's license applicant is in the country legally.
The advisory opinion came in response to an inquiry from DMV Commissioner Richard Holcomb.
The DMV can accept -- or refuse to accept -- an Employment Authorization Document (EAD), or work permit, as the sole proof that the applicant is in the country legally,
Cuccinelli ruled.
"It should be noted that the EAD may sometimes be an indicator of lawful status in the United States, but that is not its primary purpose as a document," Cuccinelli wrote. "Any person who holds an EAD and who is also in a lawful status ... should be able to produce other documentary evidence of that lawful status in addition to the EAD."
In September, Gov. Bob McDonnell told the state DMV to stop accepting the card as proof of legal status. Carlos Martinelly Montano, an alleged drunken driver who killed a nun in Prince William this summer, used the document to prove his legal status when he applied for a Virginia ID card, according to police. The August crash was the third time Montano, whose parents brought him to the United States illegally from Bolivia, was arrested for drunken driving.
Claire Guthrie Gasta?aga, a former chief deputy attorney general of the state and an immigrant advocate, said that the September decision to stop accepting the document left many residents who are in the country legally scrambling to find additional forms of identification.
The American Civil Liberties Union is investigating whether the policy is constitutional, ACLU of Virginia Executive Director Kent Willis said.
But Stacey Johnson, a spokeswoman for McDonnell, said the governor would continue to have the DMV refuse the work permit as the sole form of proof of legal residency.
"Until the federal government can provide clear assurance that everyone who has an EAD is lawfully in this country, we will direct the DMV to continue not accepting this paperwork for purposes of receiving a Virginia driver's license," she said.
The opinion, though, gave the discretion to Holcomb and not the governor, Gasta?aga noted.
"He can choose to [have the DMV] accept the EAD, and we urge him to do so," she said.
Cucinelli for POTUS! I live in Richmond and worked for “McBollinelli” (McDonnell, Bolling(Lt. Gov) and Cucinelli. A breath of fresh air!
I did the same in Gloucester County. It's a great team we have leading the state!!
Regardless of his immigration status, why was he out on the streets after multiple DUI?
Go get’em Ken!
Claire Guthrie Gastanaga, a former chief deputy attorney general of the state and an immigrant advocate, said that the September decision to stop accepting the document left many residents who are in the country legally scrambling to find additional forms of identification.
Any immigrant into this country who is here legally will have a "Resident Alien" card (a.k.a. "green card") and is required to carry it at all times. Any alien in the U.S. who is scrambling to find an alternative ID to replace a work permit is scrambling because they're not here legally.
The opinion, though, gave the discretion to Holcomb and not the governor, Gasta?aga noted.
"He can choose to [have the DMV] accept the EAD, and we urge him to do so," she said.
I seriously doubt that the opinion give a member of the Executive branch of the State government the option to act independently of the Governor. If the Governor says "Don't accept it" he's not going to accept it.
They do not accept my Indian Card which is absolute proof of my being an American. It is the only ID that anyone in this country has that is absolute proof of being an American, both by birth and genealogy.
To obtain one you have to be accepted by the tribe( based on your proven relationship with the tribe going back to the beginning of the 1900’s). And you have to prove to the Department of the INterior, Burea of Indian affairs your exact quantum blood of Indian blood.
Once you do this you can take the CDIB (certificate of degree of Indian blood) to the tribe your blood is, and if you fit both the quantum blood level and the tribal regulations you will be allowed to be an enrolled member of that tribe.
There is no way to fake this reality. You are given a number and a tribal card. That card is not allowed to operate as True ID under the government though it is harder to get than anything at all in the ID world.
Gastaga misunderstands the opinion. The opinion is a response to the DMV inquiry, which asked whether the DMV was compelled by law to accept the EAD. Cuccinelli found that there was no federal or state law that would require the DMV to accept the EAD, or to reject it, and therefore it was at the discretion of the head of the agency.
However, the agency does answer to the executive, and the executive has order that the head NOT accept EAD. The opinion does not circument that order.
Wow...a state AG with some nads!
This should be done by all 50 state AGs. Illegal Aliens should all be deported, not be given US licenses.
Seal the borders, deport all illegal aliens....anything else is Amnesty
DeMint/Cuccinelli 2012.
BUMP
Very interesting. Thanks for the information.
I see ACLU wants to get involved. This group goes looking for ways to stick it to the U.S.
PING
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