Iowa Supreme Court: DOT can deny driver's licenses to illegal aliens

cedar rapids gazette ^ | 2/18/05 | Rod Boshart

[hoosierboy]

DES MOINES -- The Iowa Department of Transportation has the authority to deny driver's licenses to illegal aliens residing in Iowa, according to a unanimous decision issued by the Iowa Supreme Court today. The issue was raised in a case from by Juan and Maria Sanchez, who represented a class of illegal, undocumented aliens present in Iowa who want to obtain driver's licenses.

The class-action suit brought in November 2000 claimed the denial of driving privileges violated protections both under the federal and Iowa constitutions. However, a district judge dismissed the suit, agreeing with the state's contention that illegal aliens have no right to receive driver's licenses because they have no Social Security numbers or other proper immigration documentation required to obtain an operator's permit.

The Supreme Court upheld that lower-court action today.

Although there are thousands of illegal aliens residing in Iowa, the Supreme Court justices ruled that their unauthorized presence in the United States precludes them from qualifying for privileges extended to legal residents.

The high court ruled the DOT practice of denying driver's licenses to illegal aliens living in Iowa is both legal and constitutional.

The justices said it is up to the Legislature to decide the merits of the competing policy arguments surrounding the controversial issue. Republican leaders of the House and Senate have indicated they do not plan to take up the issue this session.

[hoosierboy]

I saw this on fox news this morning and was waiting for a source. This is big news and has complications for those states that want to give liscenses to illegals.

[Eric in the Ozarks]

Sanity from Iowa's high court.

[writer33]

Yep. It'll give them a precedent when the issue comes up.

Of course it would be much simpler if they actually, for a change, legislated the issue.

You know...representative government. Oh, wait...nevermind. :)

[The Old Hoosier]

You lose. Plus you are deported.

[14erClimb]

If I was an illegal alien, I sure as heck wouldn't be filing any lawsuits. These idiots have willingly identified themselves as illegals and should be deported immediately.

[OhioAttorney]

This is big news and has complications for those states that want to give [licenses] to illegals.

Big news indeed. It may (I don't know yet) also have implications for previous rulings that say illegal aliens can't be denied access to e.g. public education and welfare benefits.

[atruelady]

Ok, I'm sold...I am moving to Iowa.

[odoso]

"Iowa Supreme Court: DOT can deny driver's licenses to illegal aliens"

Wheh! What a relief, for a moment, I thought it was up to illegal aliens...

[Psycho_Bunny]

Although there are thousands of illegal aliens residing in Iowa, the Supreme Court justices ruled that their unauthorized presence in the United States precludes them from qualifying for privileges extended to legal residents.

Why is there an "although" at the start of that sentence?

[atruelady]

My sentiments exactly. Pretty stupid to call attention to themselves. Isn't that what the brochure for illegal immigration printed in mexico says NOT to do??? (sarcasm)

[raybbr]

Although there are thousands of illegal aliens residing in Iowa, the Supreme Court justices ruled that their unauthorized presence in the United States precludes them from qualifying for privileges extended to legal residents.

This is a good start. A precedent has been set. Now it's time for some of our politicians to grow a pair and use this to eliminate the give-aways to illegals.

[atruelady]

I don't know, but if the press knows where they are, surely the govt./law enforcement does too.

I would think that anyone who is KNOWN to be here illegally should be picked up and removed from the U.S.

[raybbr]

ping

[joedelta]

Although there are thousands of illegal aliens residing in Iowa, the Supreme Court justices ruled that their unauthorized presence in the United States precludes them from qualifying for privileges extended to legal residents.

Holy smokes, Batman! A court that interprets not invents the law?!?!?

[Alberta's Child]

From a strictly legal standpoint, I don't think courts have ay choice but to rule this way. The first time a state court determines that driving is a "rights" issue, then they have effectively: 1) provided a solid legal basis for the argument that requiring drivers to be licensed is unconstitutional (from a state's standpoint, that is); and 2) turned motor vehicle offenses into criminal matters, which means trials for these offenses cannot be carried out in separate courts.

I'm not a lawyer, but this seems like a logical thought process to me.

[OhioAttorney]

Why is there an "although" at the start of that sentence?

Because there are some 'privileges extended to legal residents' for which illegal aliens do qualify under previous SCOTUS decisions.

It remains to be seen what (if anything) will happen to those decisions now that this ruling has come from the Iowa Supreme Court. First the SCOTUS would have to grant cert and hear the case (or some other on the same issue).

Then it would have to do one of three things: overrule the Iowa Supreme Court's decision; uphold the decision and distinguish this case from those involving e.g. public education and welfare benefits; or uphold the decision and overturn previous SCOTUS decisions.

[stopem]

However, a district judge dismissed the suit, agreeing with the state's contention that illegal aliens have no right to receive driver's licenses because they have no Social Security numbers or other proper immigration documentation required to obtain an operator's permit. The Supreme Court upheld that lower-court action today. Although there are thousands of illegal aliens residing in Iowa, the Supreme Court justices ruled that their unauthorized presence in the United States precludes them from qualifying for privileges extended to legal residents.

Yeayyy!! Finally SANITY in America once again.

[PreviouslyA-Lurker]

Amen.

[traderrob6]

Iowa sees the light. First they went red, now they are making reasonable court rulings. Exposing the Left

[MeekOneGOP]

Harry Reid and the 'RATS are Saddened, very saddened.