bmv press release & letter 2.8.13

7/29/2019 BMV Press Release & Letter 2.8.13

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FOR IMMEDIATE RELEASE

February 8, 2013Contact:Nick Torres(419) 302-0511

Attorneys, DREAMers, Community Members Sign Petition to Registrar, Attorney GeneralHundreds Urge Transparency, Fairness

COLUMBUS, OH Just days after circulation began, over 200 people have signed an open letter

calling on Registrar Mike Rankin and Attorney General Mike DeWine to put Ohios drivers licensepolicy in line with federal USCIS guidelines for Deferred Action for Childhood Arrivals (DACA).

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 been refused driver'slicenses, and in some cases, have had their state and federally-issued documents confiscatedwithout explanation by BMV personnel, the letter reads.

In at least one case, an Ohio BMV office seized a young mans Social Security Card without anyreason provided. I was scared, said Edilson Ortiz of Cincinnati. It wasnt until I called the police

that the BMV office finally gave it back, he said.

These young people have been granted the possibility of a bright future in this great country, and

their ability to attend school, learn English and join the armed forces is severely restricted by our

outdated state policies, said Columbus attorney Joseph L. Mas.

The letter argues that the recipients of DACA meet all the eligibility requirements under OhioRevised Code and Administrative Code. 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 recognizablelegal 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 complywith the requirements of O.A.C. 4501:1-1-21, the letter states.

Since President Obama announced the program on June 15, 2011, over 150,000 undocumented

immigrants brought to the US as children have benefitted from work permits and Social Security

Numbers. Unofficial estimates from USCIS put the number of recipients around 1,500 for Ohio.

The undersigned appreciate the fact that prior to its abrupt and unexplained policy change, Ohiohad been issuing licenses to DACA grantees, and simply request that the Registrar explicitly clarifythat DACA grantees are eligible to receive drivers licenses in Ohio, the letter concludes.

DREAMActivist Ohio is a multicultural network of groups across Ohio, building a movement to helppass the DREAM Act and other pro-migrant policies.

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February 8, 2013

Mike DeWineOhio Attorney General

State Office Tower17th

Floor30 E. Broad St.

Columbus, OH 43215

Mike RankinRegistrar

Ohio Bureau of Motor Vehicles1970 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 totake action to remove certain individuals from the United States. On August 15, 2012 United StatesCitizenship and Immigration Services (USCIS) began accepting applications for this new type ofdeferred 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 thatseveral individuals who have been granted deferred action have recently experienced problems

obtaining Ohio drivers licenses. The various issues that have come to the attention of this groupsuggest 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 DACAgrantees are eligible to receive an Ohio drivers license.

As you know, Ohio law does not affirmatively set forth the eligibility criteria for receivingan 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 ortemporary 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 basis.2 Thus, therelevant 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 topersons 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 andimmigration 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

1 O.R.C. 4507.08(D)2 O.R.C. 4507.01(A)3 O.A.C. 4501:1-1-35


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not qualify as residents under the aforementioned definition are still eligible for nonrenewablelicenses and nonrenewable identification cards.

4

O.A.C. 4501:1-1-35(B) reads, in its entirety: A nonrenewable license or nonrenewableidentification 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 temporaryresidence in this state.

O.A.C. 4501:1-1-35(A)(4) defines legal presence in the following words: Legalpresence 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 theappropriate 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 isrecognizable 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 DACAgrantees 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 thefederal test. Second, USCIS is very clear on its Frequently Asked Questions website (a copy ofwhich is appended to this letter) that [a]n individual who has received deferred action is authorizedby 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 factthat 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 authorizedDACA 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.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 ofthose states with unconstitutional behavior, it is understandable that there should be confusionamong state officials about the rights and privileges conferred by DACA status. As has been notedin complaints filed against states that are not in compliance with federal guidance on DACA

grantees, failure to confer driver's licenses to DACA recipients would impermissibly regulateimmigration 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 kindof 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 DACAgrantees, 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,

4 O.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 card other than a

nonrenewable license or a nonrenewable identification cardshall be issued to any person unless that person qualifies as

a resident of Ohio under this rule. (emphasis added)


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Brian J. Hoffman, Esq., ColumbusRichard Herman, Esq., ClevelandMatthew Benson, Esq., Cincinnati

Cesar Cuauhtemoc Garcia Hernandez, Esq.,Columbus

Laura M. Jurcevich, Esq., ColumbusJorge Martinez, Esq., Hamilton

Barbara Fernandez, Esq., ColumbusDeifilia Daz, Esq., Mason

Alex Durst, Esq., CincinnatiAngie Plummer, JD., ColumbusScott Culbert, Esq., Delaware

Ambrose Moses, III, Esq., ColumbusBob Fitrakis, Esq., Columbus

Lynn Tramonte, Cleveland HeightsPaula M. Jackson, Cincinnati

Angy Valencia, ColumbusJose Trevino, Toledo

Joel Diaz, ColumbusVeronica Isabel Dahlberg, Painesville

Padraic Stanley, FindlayPaige Jessee, Cincinnati

Esteban Ortiz, Wilmington

Sister Mary Wendeln, SilvertonLauren Hines, Columbus

Uzuki Cahue, HilliardCraig King, Columbus

Janelle Henderson, ColumbusGabriela Santiago, Columbus

Barbara Glueck, CincinnatiHeather Yomboro, Hilliard

Ariana Ulloa-Olavarrieta, HilliardRev. Joan Vanbecelaere, Columbus

Nancy Holman, Columbus

David Boggs, ColumbusSandy Wong, Columbus

Kyla Snow, WestervilleSylvia Vasquez, Columbus

Andrew Murry, MD, LancasterMaritza Motino, Columbus

Carol Nowlin, HilliardGloria Schanely, Columbus

Esmeralda Flores, ColumbusInes Valdez, Columbus

Tani Kushner, Columbus

Karen Castro, Canal WinchesterDr. Robert Hines, Columbus

Diana Pagan, ColumbusBrian Williams, Columbus

Deanna Stickley-Miner, ColumbusLeslie Espinoza, ColumbusEric Hernandez, Columbus

Laura Gomez, Columbus

Nick Torres, ColumbusManuel Bartsch, Findlay

Natalie Dibartola, Columbus

Augusto Sanchez, ColumbusYalidy Matos, Columbus

Connie Hammond, ColumbusCarol Apaestegui, Stow

Cristal G, ColumbusManuel Perez, Cincinnati

Robin Burnette, ColumbusKelly O'Rourke, Columbus

Tony Chou, Columbus

Walthinho Casanova, ColumbusEvava Pietri, Columbus

Max Dwinne, ColumbusJesus Ventura, Columbus

Laura Santiago, ColumbusSarahy Farias, Columbus

Kenneth Ramos, PickeringtonJudy Crawford, Westerville

Laura Little, GroveportNolan Stevens, ColumbusDebra Sanborn, Groveport

Maria Apaestegui, StowRohany Flores, Columbus

Erika Ruelas, GallowayDaisy Torres, Worthington

Ana Osorio, ColumbusMarisol Guijosa, Columbus

Jenny Polanco, ColumbusIliana Gomez, Grove City

Andrea Herrera, ColumbusIrma Nonato, Columbus

Juan Segura, Hilliard

Deborah Wang, KentJillian Park, Columbus

Ron Irvine, New ParisNyasia, Detroit

John Stroman, ColumbusAdriana Castillo, Dublin

Rebecca Tollefson, WorthingtonVictalina Montejo, Dublin

Joanna Rodriguez, GallowayJose A Hernandez, KentEunice Park, Cleveland

Marco Saavedra, ColumbusEleazar Sanchez, Columbus

Paul Sonenberg, ColumbusBecky Guzman, Columbus

Teresa Parsons Jabe, ColumbusMaria Arriaga, Columbus

Ana Delgado, Akron

Gladis Sandoval, Columbus


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Courtney Pugno, DelawareDavid G. Hogan, Delaware

Maria Renee Banig, Tallmadge

Marisol Duarte Lopez, ColumbusRebecca Jenkins, Akron

Naomi Hokky, RavennaCheryl Edie, Delphos

Nancy Connor, ColumbusFrancine Stacy, Dayton

Mark D. Stansbery, ColumbusJose Villegas, Columbus

Erin Mckinney, Chesterland

Yanheli Lopez, HilliardAnita Rios, Toledo

Larren Mcbride, ColumbusMaggie Baxter, Columbus

Jennifer Hess, PickeringtonKaren James, Worthington

Sarah Schneider, PataskalaJenny Sigler, Columbus

Jennifer Bartley, ColumbusRikki Baxter, Columbus

Joshua Bohinc, Grandview Heights

Megan Sutherland, ColumbusAnna Roberto, Columbus

Jason Fullen, Hilliard Northwest News,Hilliard This Week

Chelsea Skaggs, ColumbusNatalie Dibartola, Columbus

Dorothy Christensen, WestervilleElizabeth Sierra, Columbus

Samantha Feierabend, PickeringtonSandra Hamilton, Ada

Christine Gilmore, Hilliard

Erin Hammond, GranvilleKenneth Adler, Sylvania

Benjamin Wellman, ColumbusSue Morrissey, Cincinnati

Sean Nestor, ToledoLouise Hernandez, Kent

Alyssa Shumaker, WestervilleLewis Beman, Westerville

David Yingling, EnonKatherine Plank, Plain CityMargaret Singer, Cincinnati

Don Bryant, ClevelandMaria Torres, Dublin

Kate Snow, WestervilleEsteban Badillo, Hilliard

Judith G Ramirez Torres, ColumbusEduardo Biffi, Columbus

Bill Christensen, Columbus

Kerry Davis, Gahanna

Mark Sullivan, WestervilleNicole Mills, Westerville

Kenneth Warren, Westerville

Sarah Ammerman, ColumbusCynthia Smith, Columbus

Joshua D Wilson, ColumbusMelinda Layman, Pickerington

Andreanna Doane, WestervilleDana Hazen, Columbus

Mike Szlapak, WestervilleBill Canonico, Columbus

Daniel Nathan, Bexley

Sher Isaacs, ColumbusNannette Horn, Columbus

William Scott, ColumbusDebra Griffin, Westerville

Matt Shetler, ColumbusBernie Larsen, Columbus

Staci Rue, ColumbusLiz Gee, Lewis Center

Kristin Maccaughey, ColumbusCarol Achmoody, Westerville

Brooke Bohinc, Columbus

Rachell Smith, BexleyLinda Mcpherson, Columbus

Andrew Saperstein, WestervilleDeborah Whitney-Scott, Westerville

Christopher Scott, WestervilleJeannine Panovich, Westerville

Mark Batcheck, ColumbusJonathan Rue, Westerville

Lauren Scott, ColumbusValerie Middleton, Columbus

Christian Root, Columbus

Joyce Shuster, ColumbusAndrew Oswalt, Columbus

Rhodara Shreve, ColumbusAlicia Streicher, Westerville

Marlene Nathan, WestervilleAmy Moorehead, Dublin

Lorie Kaufman Rees, ColumbusBeulah Kishore, Westerville

Christophaer Andrew Wade, ColumbusMelody Kulp, Grove City

Corey Garris, Dublin

Noelle Shearer, WestervilleJeff Baker, Westerville

Craig Heselton, ColumbusMelissa Carvill-Ziemer, Kent

Barbara Castanien, GahannaThalita Pontes, Blacklick

George Garshar, Youngstown


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bmv press release & letter 2.8.13

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