daca bmv instructions

Governor John Kasich and Registrar Mike Rankin: I write regarding the lack of any explicitly written and consistently executed policy for BMV staff to issue driver’s licenses to recipients of the USCIS program, Deferred Action for Childhood Arrivals (DACA). I understand that DPS is in the process of reviewing guidance from the federal government as it applies to Ohio law, and has deferred any decision on this policy to Governor Kasich. However, in this case, both federal guidance and Ohio law are clear. On January 18, 2013, USCIS issued updated guidance explaining that states, "[a]n individual who has received deferred action is authorized by the Dep artment of Homeland Security (DHS) to be p resent in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect." (emphasis mine) The “Acceptable Documents List” issued by BMV is clear that primary and secondary documents must prove LEGAL PRESENCE. Likewise, all relevant provisions of the Ohio Administrative Code, including OAC 4501:1-1-37(A)(4) and 4501:1-1-21(G), discuss eligibility criteria in terms of "lawful presence", and not "lawful status." BMV employees, particularly frontline staff at deputy registr ar locations, should be informed that an individual’s “legal status” or “immigration status” is irrelevant in this case, as Ohio regulations only require that an individual be legally present in the US. There is no reason why BMV cannot continue to issue Ohio driver's licenses to DACA grantees under Ohio regulations as they are currently written. DACA is simply one form of deferred action, which has bee n used by the Department o f Homeland Security, and its predecessor Immigration & Naturalization Service, since 1975. Recipients of deferred action are routinely granted employment authorization, and BMV should not be singling out one category of USCIS Employment Authorization Document (EAD) to refuse—in this case C33. Further, in a February 13 “Memorandum of Instruction”, BMV employees were clearly given guidance that the list of acceptable documents for Ohio driver’s licenses and IDs has not changed since the DACA program was announced. Valid USCIS documents are clearly listed as acceptable documents; C33 EADs are no exception. Finally, in a February 8 th article in the Columbus Dispatch, Attorney General Mike De Wine was quoted as saying, “It would appear, at first glance, that these individuals under these categories are entitled to a pply.” How much more evidence is needed? Please instruct the Ohio BMV to carry out this policy. Our community has been left in the dark long enough.

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7/29/2019 DACA BMV Instructions

http://slidepdf.com/reader/full/daca-bmv-instructions 1/3

Governor John Kasich and Registrar Mike Rankin:

write regarding the lack of any explicitly written and consistently executed policy for BMV staff to issue driver’s

icenses to recipients of the USCIS program, Deferred Action for Childhood Arrivals (DACA).

understand that DPS is in the process of reviewing guidance from the federal government as it applies to Ohio lawand has deferred any decision on this policy to Governor Kasich. However, in this case, both federal guidance and O

aw are clear.

On January 18, 2013, USCIS issued updated guidance explaining that states, "[a]n individual who has received defe

action is authorized by the Department of Homeland Security (DHS) to be present in the United States, and is therefonsidered by DHS to be lawfully present during the period deferred action is in effect." (emphasis mine)

The “Acceptable Documents List” issued by BMV is clear that primary and secondary documents must prove LEGA

PRESENCE. Likewise, all relevant provisions of the Ohio Administrative Code, including OAC 4501:1-1-37(A)(4)and 4501:1-1-21(G), discuss eligibility criteria in terms of "lawful presence", and not "lawful status." BMV employ

particularly frontline staff at deputy registrar locations, should be informed that an individual’s “legal status” or immigration status” is irrelevant in this case, as Ohio regulations only require that an individual be legally present ihe US.

There is no reason why BMV cannot continue to issue Ohio driver's licenses to DACA grantees under Ohio regulati

as they are currently written. DACA is simply one form of deferred action, which has been used by the Department Homeland Security, and its predecessor Immigration & Naturalization Service, since 1975. Recipients of deferred

action are routinely granted employment authorization, and BMV should not be singling out one category of USCISEmployment Authorization Document (EAD) to refuse—in this case C33.

Further, in a February 13 “Memorandum of Instruction”, BMV employees were clearly given guidance that the list o

acceptable documents for Ohio driver’s licenses and IDs has not changed since the DACA program was announcedValid USCIS documents are clearly listed as acceptable documents; C33 EADs are no exception.

Finally, in a February 8th article in the Columbus Dispatch, Attorney General Mike DeWine was quoted as saying, “would appear, at first glance, that these individuals under these categories are entitled to apply.” How much more

vidence is needed?

Please instruct the Ohio BMV to carry out this policy. Our community has been left in the dark long enough.