Update Regarding NC Driver’s Licenses (NC DMV Declaratory Ruling)

Last week a declaratory ruling was made by the Department of Motor Vehicles (DMV) establishing its legal obligation to provide full-term (8-year) driver’s licenses to immigrants with permanent or indefinite status (i.e. LPRs, CRs, asylees, refugees, and pending adjustees). This monumental ruling was brought about by a petition filed by the North Carolina Justice Center (NCJC) and the ACLU of North Carolina (ACLU-NC). The NCJC and ACLU-NC filed a petition claiming that the DMV was wrongfully denying driver’s licenses and/or providing limited-terms driver’s licenses to noncitizen North Carolinians with permanent or indefinite lawful status. The petition included the impact of not having the ability drive has on immigrants such as not being able to drive to work or the grocery store in a state where the vast majority of the population relies on cars in their everyday lives.

This is an exciting victory, however there is some concern about the DMV’s decision to require verification of status through an electronic system called SAVE, as this system is known for delays.

For more details about the ruling, you can read the ACLU-NC article here: https://www.acluofnorthcarolina.org/en/press-releases/dmv-reverses-policy-affirms-full-term-licenses-certain-non-citizens

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This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.

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