New York DMV rule on immigrants is reinstated
For immigrants trying to renew their driver's licenses, the rules have changed yet again. The New York State Department of Motor Vehicles is restoring a set of policies that require foreign applicants to prove their legal status in the United States. The rules are the subject of a class-action lawsuit accusing the DMV of improperly denying licenses to immigrants amid a post-Sept. 11, 2001, security crackdown. Under the DMV's policy, foreigners are required to have at least a one-year visa with six months left on it in order to obtain a license. Immigrant advocates argue that applicants should have to prove only that they live in New York, not that they are legal immigrants in the United States. Supreme Court Justice Karen Smith last Thursday issued a temporary restraining order that barred the DMV from denying immigrants a renewal license based on proof of legal status. It did not address rules for new applicants. That order was automatically stayed following a notice of appeal filed Tuesday evening, said Paul Larrabee, a spokesman for the Attorney General's office. The case now moves to the the state Appellate Division. Eventually, a full appeal will be filed on behalf of defendants Gov. George Pataki and DMV Commissioner Raymond Martinez, Larrabee said. Meanwhile, applicants faced confusion this week at DMV offices, said Jackson Chin, an attorney for the Puerto Rican Legal Defense and Education Fund, which filed the lawsuit. He said earlier that the judge's order had affected "tens of thousands" of drivers across the state. Chin could not be reached to comment on the latest development in the case. [more]
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