Second civil rights group sues over DPS license rules
January 29, 2009
In its lawsuit, MALDEF contends that the new policies prevent thousands of people living legally in Texas from receiving standard licenses and that the Texas Legislature has not granted the DPS authority to exclude such persons, limit the terms of the licenses or change their appearance. Under state law, MALDEF contends, the DPS—as an agency appointed by the Governor—may only adopt rules as authorized by the Legislature.
Written by Juan Castillo, The Austin American Statesman
James Harrington, Representing plaintiffs.
One of the country’s oldest civil rights organizations is challenging the statutory authority of the state Department of Public Safety to issue rules and policies preventing some Texas residents from receiving standard-issued driver licenses.
The Mexican American Legal Defense and Educational Fund (MALDEF) filed suit in state district court in Austin today over rules it implemented Oct. 1, which require people who are not U.S. citizens to prove they are in the country legally before getting an original, renewal or duplicate driver’s license or identification card.
The rules are intended to prevent undocumented immigrants from obtaining driver’s licenses. At the same time, the DPS created a special, vertical license for noncitizens that is valid until a driver’s legal status to be here expires.
In its lawsuit, MALDEF contends that the new policies prevent thousands of people living legally in Texas from receiving standard licenses and that the Texas Legislature has not granted the DPS authority to exclude such persons, limit the terms of the licenses or change their appearance. Under state law, MALDEF contends, the DPS—as an agency appointed by the Governor—may only adopt rules as authorized by the Legislature.
“The Texas Department of Public Safety has senselessly exceeded their authority from the Texas Legislature by excluding persons who legally reside here in Texas,” said MALDEF Southwest Regional Counsel Nina Perales. “We are confident the courts will step in and put an end to these arbitrary rules.”
A spokeswoman for the DPS said it does not comment on pending litigation.
Only Tuesday, in his state of the state address, Gov. Rick Perry reiterated his support for the DPS rules and the special licenses, which he said would “identify those who have overstayed their visa.” Perry and other supporters say the rule changes ensure public safety and national security.
MALDEF said it sued on behalf of three people with legal permission to reside and work in the U.S. and a landscaping business that legally employs foreign workers.
The DPS rules have been beset by mounting criticism. Some state lawmakers have vowed to challenge them, claiming, like MALDEF, that the DPS overstepped its authority.
Earlier this month, a second group, the Texas Civil Rights Project, sued the DPS on behalf of three women, including one from Austin. The project’s director, James Harrington, said the women legally reside in Texas but were denied, or would likely be denied, license renewals.
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