ACLU sues Land over policy on issuing driver’s licenses to ‘residents’ only

The American Civil Liberties Union of Michigan has filed suit in state court against Secretary of State Terri Lynn Land over her policy of only issuing driver’s licenses to residents of the state or “lawful permanent residents” with green cards.

The suit, which argues that state law requires that licenses be issued to all residents, was filed on behalf of half a dozen people living and working in Michigan with the permission of the federal government but who do not hold federally issued green cards.

They include, according to the suit, “a Canadian nurse who resides in Muskegon; an Indian doctor who treats an under-served population in Flint; a University of Michigan language assessment specialist from Singapore; and a political refugee in Detroit who was granted asylum after being tortured for his political activity in Africa.” The final plaintiff is Freedom House, an organization in Detroit that helps those who are escaping persecution abroad get political asylum in the United States.

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The policy began when Michigan Attorney General Mike Cox issued a legal opinion in late December reinterpreting the meaning of the term “resident” in the Michigan Vehicle Code. That opinion defined residents solely as “permanent residents” for the first time. Former Attorney General Frank Kelley’s interpretation of that statute had been that it applied to all residents regardless of legal status.

But that’s where things get interesting because, while Land has criticized Cox’s opinion and said she thinks it’s wrong, she says she’s legally bound by it. In the meantime, Cox says that Land has misinterpreted his opinion and that driver’s licenses should be granted to everyone who is not here illegally.

There are multiple levels of legal status involved. There are the state’s standard residents, American citizens who’ve established permanent residence in the state, there are those with green cards that establish permanent residency, and there are those on permanent work visas who have established permanent residency in the state. But this case involves those who are here legally but whose legal status does not allow them to establish a domicile in the United States or who are still in the process of being granted permanent legal residency status. Those include people seeking political asylum, those on temporary work visas, those on student visas and so forth. Because Cox’s opinion referred to residents as “permanent residents,” Land issued a directive to her clerks around the state to issue licenses only to those in the first two classes, state residents or those on permanent work visas.

That policy has kicked off a firestorm of controversy in both government and industry. Gov. Jennifer Granholm and Michigan Economic Development Corporation CEO Jim Epolito were among those who immediately questioned the new policy, saying that it puts thousands of doctors, engineers, scientists and students who are here legally but do not have permanent residency at risk and undermines our ability to attract foreign companies to the state. Epolito says he has received countless e-mails and phone calls from international business leaders who are very concerned about how this will affect their employees who may come to Michigan for some period of time legally without establishing residency.

The attorney general says that Land has completely misinterpreted his opinion. His spokesman points to “footnote 10″ in the opinion, which says “the State may not deny residency status to aliens lawfully admitted into the United States if the terms of their admission allow them to establish a domicile in the United States.”

The state Legislature, meanwhile, is moving to fix the situation and make it explicit that licenses may be issued to those who are here legally regardless of whether they have permanent residency. But the Republicans want that to be tied to passage of the Real ID act, which is highly controversial and opposed by many Democrats. The Real ID act would require state driver’s licenses to be standardized according to federal regulations and, critics say, would function as a national ID card. That act has been rejected by numerous state legislatures across the country and has never been ratified by the Michigan Legislature.

In the meantime, this infighting between the two parties and government officials has left many people in limbo; they are here legally but are not allowed to drive. One of the plaintiffs in the case, Catherine Gates, is a nurse from Canada now living in Muskegon who came here to help with a serious nursing shortage in the state. She is here on a one-year work visa while her application for permanent residency is being processed. But all of the nursing jobs she has applied for require a Michigan driver’s license. She could drive on her Ontario license, but it needs to be renewed, and if she renews it, that will jeopardize her application for permanent residency.

So she’s stuck in limbo, legally invited here in order to help with a crucial shortage of nurses but prevented from obtaining the driver’s license that would allow her to work as a nurse.

The ACLU lawsuit asks the court to order the secretary of state to resume issuing driver’s licenses to all residents, including immigrants who live and work in the state who intend to remain.

Andrew Nickelhoff, the ACLU lead cooperating attorney, says, “The secretary of state and attorney general’s unprecedented interpretation of the Michigan Vehicle Code is erroneous, arbitrary and without any basis in law. Our residents are safer and our law enforcement is more effective when, regardless of status, all drivers have had their vision tested, know the rules of the road and obtain car insurance.”