Governor Jan Brewer had issued an executive order denying the licenses after the federal government created the “Deferred Action for Childhood Arrivals” (DACA) program in 2012.
Arizona is intending to take the case to the Supreme Court. The State says its Certiorari Petition will raise “basic and important issues concerning the Equal Protection Clause, the Supremacy Clause and federal immigration law. Specifically, the petition will raise questions regarding the proper application of the rational basis standard under the Equal Protection Clause, the existence of a ‘heightened’ rational basis review standard, and the preemptive force of informal federal agency actions.”
The petition also noted, “Issuing driver’s licenses to deferred action recipients before this issue is reviewed by the Supreme Court is imprudent, given the changeable nature of DHS policy, prior to congressional action.”