Lt. Gov. Dan Forest said Saturday that President Barack Obama was wrong to defer deportation for some immigrants who entered the United States illeglly as children, and the state attorney general's office was wrong in issuing its opinion that participants in the deferred-action program are legally eligible to get driver's licenses in North Carolina. (Update: DACA participants demonstrate at DOT building. See 1/23/13 story with reader comments.)
"A person entering the United States illegally should not be afforded the privileges reserved for US citizens," Forest, a Republican, said in an email statement released by his chief of staff, Hal Weatherman. "The President is willfully ignoring the laws on the books and should be Constitutionally challenged on this point by our Congress. While Congress has not acted, we in North Carolina can and should. We are a sovereign state and need to stand up and push back when the Feds encroach on our ability to protect our citizens and enforce our laws. The Attorney General's ruling leaves open the possibility that the DMV can issue licenses to those individuals who came to our country and state illegally. I disagree with this action."
The state Department of Transportation said Friday that it was "carefully assessing" the opinion issued Thursday by Grayson Kelley, chief deputy attorney general under Attorney General Roy Cooper, a Democrat.
The Obama administration's Deferred Action for Childhood Arrivals program delays deportation for two years for some illegal immigrants. Kelley wrote that the DACA program allows the young immigrants to remain legally in the country for two years, and it meets state law requirements for confirming the "legal presence" in North Carolina of non-residents who apply for driver's licenses. Obama is a Democrat.
Kelley wrote that neither the DACA program nor his opinion has any effect on the lawful status of illegal immigrants.
"We believe that individuals who present documentation demonstrating a grant of deferred action by the United States are legally present in the United States and entitled to a drivers license of limited duration, assuming all other criteria are met," Grayson wrote.
"This conclusion should not be construed to suggest that individuals granted deferred status under the DACA program have 'lawful status' in the United States. ... (Homeland Security) Secretary (Janet) Napolitan's memorandum, in fact, specifically states: 'This memorandum confers no substantive right, immigration status or pathway to citizenship.' There exists, however, a recognized legal distinction in immigration law between 'lawful status' and 'legal presence.'"
Bruce Siceloff reports on traffic and transportation. A News & Observer reporter, editor and blogger since 1976, he took over the
Comments
Love one another
Sun, 01/20/2013 - 00:55 — votebabyThese young adults shouldn't have to pay for their parents sins.If they have to pay. Then contractors /Homebuilders and the like should have to pay to.They hired these people at cheap labor and now used them.In the end it's all about MONEY and Power. Pray for us.
what art wants
Sat, 01/19/2013 - 19:11 — auroradaveNo doubt Forrest just put his name to what Pope wanted. Ironic in that the puppet master's lone run for statewide office was the job Forrest now has- the most meaningless job in state government. Don't hold your breath waiting for John Hood to write an commentary calling for the office to be eliminated. Lets raise taxes on groceries instead!
PERHAPS IT'S TIME TO ELIMINATE THE LT GOVERNOR OFFICE
Sat, 01/19/2013 - 17:30 — zeusdogWHY PAY THE MILLION BUCKS TO HAVE A WORTHLESS ELECTED OFFICE, WITH NO POWERS.
TIME TO CHANGE THE STATE CONSTITUTION!
Silence the people you
Sat, 01/19/2013 - 21:39 — NCHighlanderSilence the people you disagree with you and eliminate the offices they hold. I wonder if that's ever been done before comrade?
A DRIVERS LICENSE ISN'T A SPECIAL PASSPORT
Sat, 01/19/2013 - 17:26 — zeusdogAll a drivers license really does is state the holder has passed the written test and driving test administered by the NC DMV, and has proven they are somehow linked to a vehicle with insurance.
Why, even Tea Party fanatics should agree on something that increases the number of insured, tested drivers on the road. These young people effected by the program realistically have to drive to get to their classes (for which the college kids pay out of state tuition) or jobs and if licensed, would be able to buy insurance.
Sounds like...
Sat, 01/19/2013 - 15:49 — Bob_SconceSomebody realizes his job is irrelevant, but still wants to get some press.
Just what we need
Sat, 01/19/2013 - 15:02 — jwc123The Lt Gov in the Art Pope/ McCrory Vichy government now opining on matters which display his profound ignorance. Hail to the NC Tea Party!
State Benefits for Illegal Immigrants
Sat, 01/19/2013 - 16:08 — carnyxAt last a politician who stands up for the American people!
We do need immigration reform—the kind that will give us the skills that we need—while protecting poor and working class Americans against unfair job competition and the American tax payer from being financially drained in supporting the well documented welfare, educational, health care, and public safety costs of illegal immigrants and their children.
True reform that can effect a reasonable compromise with amnesty and allow the extension of government benefits such as a driver’s license to young illegal immigrants should include strict border control, automatic repatriation of future illegal aliens, clarification that birthright citizenship does not extend to the children of illegal aliens (not at all intended by the framers of the 14th Amendment), and withholding of public benefits to illegal aliens—unless there is a health emergency. In a word, we need to adopt the general immigration policy of Mexico and of most of the rest of the world. Then and only then should we be talking about drivers’ licenses.
Finally, are there no reporters at the News and Observer who can investigate the cost of illegal immigration to – say hospitals in the Triangle area or the cost of educating the children of illegal immigrants in our public schools?
whole argument is that
Sat, 01/19/2013 - 14:43 — cheapskatewhole argument is that licenses are reserved for us citizens... so.... we give licenses for diplomats and green card holders and a variety of others. argument makes zero cents and makes our lt gov look stupid. geez. maybe he should give an opinion on something he knows about.
Here comes history
Sat, 01/19/2013 - 14:30 — rearlkempThese "Feds versus us" arguments sound a lot like historical quotes from the 1850's prior to the Civil War. I think these Republicans are living in the wrong century. Or maybe they did not learn from the Democrats' mistakes over a hundred years ago. The War is over, we lost, get over it.
Missed in my history class
Sat, 01/19/2013 - 14:40 — PACK_MIKE77I did not know the slaves came to America willingly and illegally.
Missed in My History Class
Sat, 01/19/2013 - 15:27 — NashCountyNativeWhat about children of illegals who come with their parents and have no part in the decision? Are they coming willingly?
Free to go
Sat, 01/19/2013 - 20:00 — PACK_MIKE77I believe they are free to return.
Their parents should return to the country from which they came and take the children with them.
Nobody owns them.
You liberals just like to pull the race card whenever you can. That helps you believe you win the argument.
ICE is a federal program and states are just asking the federal government to do their job.
It is the exact opposite of what you initially implied. The states want the feds to do something.
So pulling the race card is totally bogus.
oh-oh
Sat, 01/19/2013 - 14:11 — enviroThe Pope Tea Party's in charge of NC now. So much for caring for people.