Brewer blasts Ninth Circuit for DACA ruling

Arizona’s Governor Jan Brewer is blasting the recent decision by the Ninth Circuit Court which temporarily halts her policy of denying driver’s licenses to people who came to the U.S. illegally as children but received deportation deferrals from the Obama administration.

The U.S. Court of Appeals for the Ninth Circuit sided with immigration advocates who said the young immigrants would be harmed by the unequal treatment from the state, according to The Associated Press.

“In 2012, based on President Obama’s lawless directive, the Department of Homeland Security (DHS) made an administrative policy choice to defer removal proceedings of illegal aliens who were brought to the United States as children, a program referred to as DACA,” said Brewer in a statement released Monday. “This policy choice is not federal law authorizing an illegal alien’s presence in the country – it simply is a choice by the executive branch not to enforce deportation proceedings as required under existing federal statute. DHS itself has expressly acknowledged that the DACA Program does not grant any substantive rights and that only Congress can do that.

Brewer says that the decision “to not enforce federal law, has directly led to the massive influx of illegal crossings and the crisis we are witnessing today. If the Ninth Circuit ruling is allowed to stand, the President, as he has already threatened, can contrive a new program refusing to deport the latest arrivals, issue employment authorization cards, and Arizona would have to issue licenses to them as well.”

Brewer notes that Arizona law, A.R.S. § 28-3153(D), is “very clear” The law reads: ‘Notwithstanding any other law, the department shall not issue to or renew a driver license or nonoperating identification license for a person who does not submit proof satisfactory to the department that the applicant’s presence in the United States is authorized under federal law.’

As a result, Brewer argues, the Arizona Department of Transportation has a policy that DACA – as well as deferred action and deferred enforced departure individuals – do not demonstrate authorized presence under federal law.

“Lawless decrees by the President demonstrate animus to Congress, states and the Constitution. It is outrageous, though not entirely surprising, that the Ninth Circuit Court of Appeals has once again dealt a blow to Arizona’s ability to enforce its laws. With today’s decision, a three judge appellate panel, appointed by Presidents Carter, Clinton and Obama, disregarded judicial precedent and procedure. This continues us down a dangerous path in which the courts and the President – not Congress – make our nation’s laws. The ruling is especially disturbing given the current influx of illegal aliens, a crisis President Obama created and escalated. I am analyzing options for appealing the misguided court decision,” concluded Brewer. “The American people are tired and disgusted by what is happening through our federal government today, but they can be assured Arizona will continue to fight for the rule of law.”

DACA has been a contentious issue in Arizona. However, most Arizonans were sympathetic to the plight of young people who were here in the country illegally through no fault of their own. As the state becomes flooded with illegal alien children, the sympathy for DREAMERs is quickly evaporating.

According to Border Patrol, beginning last year and specifically in the last few months, CBP has seen an overall increase in the apprehension of Unaccompanied Alien Children from Central America at the Southwest Border, specifically in the Rio Grande Valley. While overall border apprehensions have only slightly increased during this time period, and remain at historic lows, the apprehension and processing of these children present unique operational challenges for CBP and HHS.

Comparisons below reflect Fiscal Year 2014 to date (October 1, 2013 – June 15, 2014) compared to the same time period for Fiscal Year 2013.

Southwest Border Unaccompanied Alien Children (0-17 yr old) Apprehensions

U.S. Border Patrol Southwest Border and Rio Grande Valley Sector Other Than Mexicans

Unaccompanied Alien Children Encountered by Fiscal Year