Driver's license

February 19, 2013

As of February 19, 2013, the Michigan Secretary of State has updated its rules so that beneficiaries of the federal Deferred Action for Childhood Arrivals (DACA) program are eligible for driver's licenses and state ID cards.  The updated list of acceptable documents can be found here in English and here in Spanish.  Note that the "Legal Presence" column contains "Valid Unexpired Employment Authorization Card."  Previously, the list included an exception for Employment Authorization Documents for DACA holders.

In October 2012, the Michigan Secretary of State decided that Employment Authorization Documents from DACA holders were not acceptable documents for purposes of qualifying for driver's licenses and state ID cards.  This decision was made even though the Secretary of State accepted Employment Authorization Documents from every other non-citizen, including others who were granted Deferred Action by the U.S. Department of Homeland Security.

The Secretary of State reversal came after the department was sued by young immigrants affected by the Secretary of State's incorrect policy and after the Department of Homeland Security explained in more detail how non-citizens in Deferred Action status are considered legally present in the United States.  

Updated January 18, 2013

Today USCIS updated its DACA Frequently Asked Questions (FAQ) and explained that immigrants approved under the Deferred Action for Childhood Arrivals (DACA) program are lawfully present in the United States.  The new FAQ can be found here: http://goo.gl/Tztwc  The Michigan Secretary of State has repeatedly said that she is relying on the federal government for instruction on who is lawfully present for purposes of obtaining a Michigan driver's license or state identification.  Clarification has now been provided.

Some of the many examples of what the Secretary of State's office has said:

From October 18, 2012:

From December 19, 2012:

Q1: What is deferred action?

...

An individual who has received deferred action is authorized by the Department of Homeland Security (DHS) to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect. [emphasis added]

Q7:  Is there any difference between “deferred action” and “deferred action for childhood arrivals” under this process?

A7:  Deferred action for childhood arrivals is one form of deferred action. The relief an individual receives pursuant to the deferred action for childhood arrivals process is identical for immigration purposes to the relief obtained by any person who receives deferred action as an act of prosecutorial discretion.

This clarification should be exactly what the Secretary of State has stated that it needs to follow Michigan law - which permits driver's licenses to applicants who provide proof of their "legal presence in the United States."

Litigation brought by individual plaintiffs and One Michigan, represented by the ACLU of Michigan, is pending in this matter.  For more information about that lawsuit and how today's announcement might affect it, visit http://www.aclu.org/immigrants-rights/one-michigan-v-ruth-johnson