Thursday, December 18, 2014

BREAKING UPDATE In DREAMers v. Brewer: Judge Sets January 7 Oral Argument On Permanent Injunction Vs. Arizona, and State's Equal Protection Argument

Now that the battle over a temporary injunction has been to the Supreme Court and is completed - with the State of Arizona being ordered to accept driver's license applications from DREAMers (aka DACA recipients), U.S. District Court Judge David Campbell is looking to wrap up the case with oral argumnt on January 7.

The oral argument will be over the Plaintiffs' Motion for Summary Judgment seeking a permanent injunction against Governor Jan Brewer and her Executive Order prohibiting the state from granting driver's licenses to the young men and women who were brought into the U.S. illegally as children (and who meet certain requirements).

The Court will also hear oral argument on Arizona's Motion for Summary Judgment as to the Plaintiffs' Equal Protection claim.

However, the outcome of both motions was preordained by the 9th Circuit's ruling overturning Judge Campbell's initial preliminary injunction ruling, and in the District Court's Order earlier today: "The Court accordingly holds that Plaintiffs are likely to succeed on the merits of their claim that Defendants’ policy and practice of denying driver’s licenses and state identification cards to Deferred Action for Childhood Arrivals (“DACA”) recipients violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution."

The Oral Argument will take place at 3:30pm on January 7, 2015, at the U.S. Courthouse in Phoenix. In the interim, Arizona has been ordered to begin accepting driver's license applications by Monday, December 22.

Here are the Motions for Summary Judgment that the Court will be considering:

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