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Unpublished Paper
“Branded to Drive: Obstacle Preemption of North Carolina Driver’s Licenses for DACA Grantees”
ExpressO (2013)
  • Tung Sing Wong, Mr., Brooklyn Law School
Abstract
The article focuses on whether driver’s licenses that North Carolina recently issued to Deferred Action for Childhood Arrivals (DACA) grantees are obstacle preempted. DACA grantees do not have legal status, but are protected from removal. North Carolina issued new driver’s licenses that publicize the immigration status of DACA grantees. The issue is whether a state can publish the immigration status of individuals who do not have legal status in the U.S., but are nonetheless protected from removal. Additionally, the article explores how the interaction of the North Carolina licenses with 287(g), Secured Communities, and recent state law such as Arizona's S.B. 1070 undermines the policy behind the DACA program. The article then relies on Supreme Court obstacle preemption jurisprudence to conclude that publication of the immigration status of such individuals is obstacle preempted.
Keywords
  • Immigration,
  • Obstacle Preemption,
  • North Carolina Driver's License
Publication Date
September 6, 2013
Citation Information
Tung Sing Wong. "“Branded to Drive: Obstacle Preemption of North Carolina Driver’s Licenses for DACA Grantees”" ExpressO (2013)
Available at: http://works.bepress.com/tungsing_wong/1/