daca ohio bmv letter 2.8.13
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7/29/2019 DACA Ohio BMV Letter 2.8.13
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February 8, 2013
Mike DeWine
Ohio Attorney General
State Office Tower17th Floor
30 E. Broad St.Columbus, OH 43215
Mike Rankin
Registrar
Ohio Bureau of Motor Vehicles
1970 W. Broad St.
Columbus, OH 43223
Dear Attorney General DeWine and Registrar Rankin:
On June 15, 2012, the Obama administration announced that certain immigrants who
were brought to the United States as children would be eligible for what is known as deferred
action. Deferred action is a form of prosecutorial discretion in which federal authorities
determine not to take action to remove certain individuals from the United States. On August 15,
2012 United States Citizenship and Immigration Services (USCIS) began accepting
applications for this new type of deferred action, known as Deferred Action for Childhood
Arrivals, or DACA, and in January 2013, USCIS reported that over 150,000 young people have
been approved for this program thus far.
It has come to the attention of the undersigned Ohio attorneys and community members
that several individuals who have been granted deferred action have recently experiencedproblems obtaining Ohio drivers licenses. The various issues that have come to the attention of
this group suggest a lack of uniformity in how different Ohio Bureau of Motor Vehicles offices
treat DACA grantees. For this reason, we are writing to respectfully request that the Registrar of
Motor Vehicles issue affirmative instructions to all license-issuing offices in the state clarifying
that DACA grantees are eligible to receive an Ohio drivers license.
As you know, Ohio law does not affirmatively set forth the eligibility criteria for receiving
an Ohio drivers license. Instead, R.C. 4507.08(D) prohibits the issuance of a drivers license
to any of seven enumerated categories of people, including [a]ny person who is not a resident
or temporary resident of this state.1 R.C. 4507.01(A) defines resident as a person who, in
accordance with standards prescribed in rules adopted by the registrar, resides in this state on apermanent basis, and defines temporary resident as a person who, in accordance with
standards prescribed in rules adopted by the registrar, resides in this state on a temporary
1O.R.C. 4507.08(D)
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basis.2 Thus, the relevant inquiry is whether individual DACA grantees meet the prescribed
standards for permanent or temporary Ohio residency.
Ohio Administrative Code 4501:1-1-35 restricts the issuance of Ohio drivers licenses
to persons qualifying as residents of Ohio, defined as a native-born or naturalized citizen of the
United States or a person who presents credible evidence from the United States citizen and
immigration services (USCIS) that the person is a permanent resident of the United States.3
However, the language of O.A.C. 4501:1-1-35(A) explicitly contemplates that persons who do
not qualify as residents under the aforementioned definition are still eligible for nonrenewable
licenses and nonrenewable identification cards.4
O.A.C. 4501:1-1-35(B) reads, in its entirety: A nonrenewable license or nonrenewable
identification card may be issued to a temporary resident of this state when the applicant
presents acceptable documents, including those listed in rule 4501:1-1-21 of the Administrative
Code, verifying the following: the applicants full legal name, date of birth, social security number
if ever assigned, proof of Ohio street address and legal presence in the United States, and
temporary residence in this state.
O.A.C. 4501:1-1-35(A)(4) defines legal presence in the following words: Legal
presence means for the purposes of this rule that the individual has taken the necessary steps
to ensure that they have a recognizable legal status with the United States as evidenced by the
appropriate legal documents issued by the United States citizen and immigration services
(USCIS).
The key phrase to establishing that DACA grantees are eligible for Ohio drivers licenses
is recognizable legal status, which is not a term specifically defined in state or federal law.
However, it can quickly be established by reference to several additional authorities that DACA
grantees do meet the Ohio Administrative Codes recognizable legal status test. First, 6 CFR 37.3 includes an alien who has approved deferred action status within the federal definition of
lawful status. Since DACA is a form of deferred action, DACA grantees clearly satisfy the
federal test. Second, USCIS is very clear on its Frequently Asked Questions website (a copy of
which is appended to this letter) that [a]n 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. The fact that a DACA grantee is specifically authorized by DHS to be in the United
States and considered to be lawfully present is plainly a recognizable legal status inasmuch
as USCIS has authorized DACA grantees to be present in the United States for the duration of
their deferment, and has provided them with legal documents that comply with the requirements
of O.A.C. 4501:1-1-21.
2O.R.C. 4507.01(A)
3O.A.C. 4501:1-1-35
4O.A.C. 4501:1-1-35(A) reads, in its entirety: No Ohio drivers license, commercial drivers license,
motorcycle operators license, temporary instruction permit identification card (TIPIC) or identification cardother than a nonrenewable license or a nonrenewable identification cardshall be issued to any personunless that person qualifies as a resident of Ohio under this rule. (emphasis added)
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Because several other states have, for apparently ideological reasons, announced that
they will not comply with federal guidance establishing that DACA recipients are eligible for state
drivers licenses, and because at least one federal lawsuit is currently underway charging one of
those states with unconstitutional behavior, it is understandable that there should be confusion
among state officials about the rights and privileges conferred by DACA status. As has been
noted in complaints filed against states that are not in compliance with federal guidance onDACA grantees, failure to confer driver's licenses to DACA recipients would impermissibly
regulate immigration by creating a new state-based classification of noncitizens that treats
DACA recipients as though they were unauthorized and unlawfully present, and would expose
Ohio to the same kind of federal lawsuits currently pending against non-complying states. The
undersigned appreciate the fact that prior to its abrupt and unexplained policy change, Ohio had
been issuing licenses to DACA grantees, and simply request that the Registrar explicitly clarify
that DACA grantees are eligible to receive drivers licenses in Ohio.
We appreciate your kind attention to this matter.
Very truly yours,
Brian J. Hoffman, Esq., Columbus
Richard Herman, Esq., Cleveland
Matthew Benson, Esq., Cincinnati
Cesar Cuauhtemoc Garcia Hernandez,
Esq., Columbus
Laura M. Jurcevich, Esq., Columbus
Jorge Martinez, Esq., Hamilton
Barbara Fernandez, Esq., Columbus
Deifilia Daz, Esq., Mason
Alex Durst, Esq., Cincinnati
Angie Plummer, JD., Columbus
Scott Culbert, Esq., Delaware
Ambrose Moses, III, Esq., Columbus
Bob Fitrakis, Esq., Columbus
Lynn Tramonte, Cleveland Heights
Paula M. Jackson, Cincinnati
Nick Torres, Columbus
Angy Valencia, Columbus
Jose Trevino, Toledo
Joel Diaz, Columbus
Veronica Isabel Dahlberg, Painesville
Padraic Stanley, Findlay
Paige Jessee, Cincinnati
Esteban Ortiz, Wilmington
Sister Mary Wendeln, Silverton
Lauren Hines, Columbus
Uzuki Cahue, Hilliard
Craig King, Columbus
Janelle Henderson, Columbus
Gabriela Santiago, Columbus
Barbara Glueck, Cincinnati
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Heather Yomboro, Hilliard
Ariana Ulloa-Olavarrieta, Hilliard
Rev. Joan Vanbecelaere, Columbus
Nancy Holman, Columbus
David Boggs, Columbus
Sandy Wong, Columbus
Kyla Snow, Westerville
Sylvia Vasquez, Columbus
Andrew Murry, MD, Lancaster
Maritza Motino, Columbus
Carol Nowlin, Hilliard
Gloria Schanely, Columbus
Esmeralda Flores, Columbus
Ines Valdez, Columbus
Tani Kushner, Columbus
Karen Castro, Canal Winchester
Dr. Robert Hines, Columbus
Diana Pagan, Columbus
Brian Williams, Columbus
Deanna Stickley-Miner, Columbus
Leslie Espinoza, Columbus
Eric Hernandez, Columbus
Laura Gomez, Columbus
Natalie Dibartola, Columbus
Augusto Sanchez, Columbus
Yalidy Matos, Columbus
Connie Hammond, Columbus
Carol Apaestegui, Stow
Cristal G, Columbus
Manuel Perez, Cincinnati
Robin Burnette, Columbus
Kelly O'Rourke, Columbus
Tony Chou, Columbus
Walthinho Casanova, Columbus
Evava Pietri, Columbus
Max Dwinne, Columbus
Jesus Ventura, Columbus
Laura Santiago, Columbus
Sarahy Farias, Columbus
Kenneth Ramos, Pickerington
Judy Crawford, Westerville
Laura Little, Groveport
Nolan Stevens, Columbus
Debra Sanborn, Groveport
Maria Apaestegui, Stow
Rohany Flores, Columbus
Erika Ruelas, Galloway
Daisy Torres, Worthington
Ana Osorio, Columbus
Marisol Guijosa, Columbus
Jenny Polanco, Columbus
Iliana Gomez, Grove City
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Andrea Herrera, Columbus
Irma Nonato, Columbus
Juan Segura, Hilliard
Deborah Wang, Kent
Jillian Park, Columbus
Ron Irvine, New Paris
Nyasia, Detroit
John Stroman, Columbus
Adriana Castillo, Dublin
Rebecca Tollefson, Worthington
Victalina Montejo, Dublin
Joanna Rodriguez, Galloway
Jose A Hernandez, Kent
Eunice Park, Cleveland
Marco Saavedra, Columbus
Eleazar Sanchez, Columbus
Paul Sonenberg, Columbus
Becky Guzman, Columbus
Teresa Parsons Jabe, Columbus
Maria Arriaga, Columbus
Ana Delgado, Akron
Gladis Sandoval, Columbus
Manuel Bartsch, Findlay
Courtney Pugno, Delaware
David G. Hogan, Delaware
Maria Renee Banig, Tallmadge
Marisol Duarte Lopez, Columbus
Rebecca Jenkins, Akron
Naomi Hokky, Ravenna
Cheryl Edie, Delphos
Nancy Connor, Columbus
Francine Stacy, Dayton
Mark D. Stansbery, Columbus
Jose Villegas, Columbus
Erin Mckinney, Chesterland
Yanheli Lopez, Hilliard
Anita Rios, Toledo
Larren Mcbride, Columbus
Maggie Baxter, Columbus
Jennifer Hess, Pickerington
Karen James, Worthington
Sarah Schneider, Pataskala
Jenny Sigler, Columbus
Jennifer Bartley, Columbus
Rikki Baxter, Columbus
Joshua Bohinc, Grandview Heights
Megan Sutherland, Columbus
Anna Roberto, Columbus
Jason Fullen, Hilliard Northwest News,
Hilliard This Week
Chelsea Skaggs, Columbus
Natalie Dibartola, Columbus
Dorothy Christensen, Westerville
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Elizabeth Sierra, Columbus
Samantha Feierabend, Pickerington
Sandra Hamilton, Ada
Christine Gilmore, Hilliard
Erin Hammond, Granville
Kenneth Adler, Sylvania
Benjamin Wellman, Columbus
Sue Morrissey, Cincinnati
Sean Nestor, Toledo
Louise Hernandez, Kent
Alyssa Shumaker, Westerville
Lewis Beman, Westerville
David Yingling, Enon
Katherine Plank, Plain City
Margaret Singer, Cincinnati
Don Bryant, Cleveland
Maria Torres, Dublin
Kate Snow, Westerville
Esteban Badillo, Hilliard
Judith G Ramirez Torres, Columbus
Eduardo Biffi, Columbus
Bill Christensen, Columbus
Kerry Davis, Gahanna
Mark Sullivan, Westerville
Nicole Mills, Westerville
Kenneth Warren, Westerville
Sarah Ammerman, Columbus
Cynthia Smith, Columbus
Joshua D Wilson, Columbus
Melinda Layman, Pickerington
Andreanna Doane, Westerville
Dana Hazen, Columbus
Mike Szlapak, Westerville
Bill Canonico, Columbus
Daniel Nathan, Bexley
Sher Isaacs, Columbus
Nannette Horn, Columbus
William Scott, Columbus
Debra Griffin, Westerville
Matt Shetler, Columbus
Bernie Larsen, Columbus
Staci Rue, Columbus
Liz Gee, Lewis Center
Kristin Maccaughey, Columbus
Carol Achmoody, Westerville
Brooke Bohinc, Columbus
Rachell Smith, Bexley
Linda Mcpherson, Columbus
Andrew Saperstein, Westerville
Deborah Whitney-Scott, Westerville
Christopher Scott, Westerville
Jeannine Panovich, Westerville
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Mark Batcheck, Columbus
Jonathan Rue, Westerville
Lauren Scott, Columbus
Valerie Middleton, Columbus
Christian Root, Columbus
Joyce Shuster, Columbus
Andrew Oswalt, Columbus
Rhodara Shreve, Columbus
Alicia Streicher, Westerville
Marlene Nathan, Westerville
Amy Moorehead, Dublin
Lorie Kaufman Rees, Columbus
Beulah Kishore, Westerville
Christophaer Andrew Wade, Columbus
Melody Kulp, Grove City
Corey Garris, Dublin
Noelle Shearer, Westerville
Jeff Baker, Westerville
Craig Heselton, Columbus
Melissa Carvill-Ziemer, Kent
Barbara Castanien, Gahanna
Thalita Pontes, Blacklick
George Garshar, Youngstown
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