Attorney General Bruning today announced his office successfully defended the challenge to Nebraska’s statute requiring applicants to show lawful immigration status before being issued a driver’s license. The case was dismissed with prejudice.
Mayra Saldana, a 24-year-old Lincoln woman who has been in the United States since coming here from Mexico when she was 2 years old, will not be able to get a Nebraska driver's license. She applied for the driver's license after being granted employment authorization and a Social Security Number. She was among those granted "deferred action" through Homeland Security called Deferred Action for Childhood Arrivals (DACA). In other words, immigration authorities make a discretionary determination not to remove an individual from the United States during a specified period, but do not confer lawful status.
“We’re pleased the court dismissed the case and recognized illegal immigrants don’t qualify for Nebraska driver’s licenses,” said Bruning. “Today’s ruling validates the Nebraska Department of Motor Vehicle’s denial of applications from those without lawful status.”
The case was heard in U.S. District Court, District of Nebraska.