Allowed to Work in the United States, but Not Allowed to be Physically Present in the United States - What?
by Rebecca Rojas , Associate Attorney Today, the Detroit News reported that Michigan has joined the two states — Nebraska and Arizona — that have banned the issuance of driver's licenses to undocumented young people who qualify for Obama’s deferred action program (also known as the DACA program). By way of background, the DACA program gives immigrant youth who were brought here as children and who have grown up in the United States, a two-year employment authorization card. This card permits the holder to work anywhere in the United States. The apparent rational behind Michigan’s decision to deny driver’s license to these young people is that they are “unlawfully present” in the United States. The article notes Michigan’s Secretary of State “ apparently reached this decision, notwithstanding federal authority stating that although a DACA designation may not confer legal status on that individual, the person is nonetheless, 'legally present’ within...