LANSING – Charging that rules denying driver’s licenses to temporary legal residents of Michigan are unconstitutional as well as a misinterpretation of law, the American Civil Liberties Union filed a lawsuit against Secretary of State Terri Land in Ingham Circuit Court on Wednesday seeking an injunction against the rules implemented last month that barred temporary residents.
The lawsuit was assigned to Judge James Giddings. No hearings are slated at this point.
The suit was filed even though legislative leaders have been meeting in hopes of resolving the issue, which has gaining national attention and has become the top priority of business groups across the state. Officials in the Senate said there is a chance the chamber will act on some changes to House-passed bills on the issue on Thursday.
The lawsuit, Gates v. Land, had been hinted at for several weeks. The chief named plaintiff, Catherine Gates, is a Canadian citizen and a registered nurse, now living in the Muskegon area, who came to the state because of the nursing shortage. She is unable to get a job without a driver’s license, the suit alleges. Similar reasons are given for most the other named plaintiffs who are all in Michigan legally on work visas or as refugees and who need drivers licenses.
Since Land issued rules some three weeks ago denying new licenses to any person who is not a citizen and is not a permanent resident, the issue has gained international attention. Land was ruling on the basis of an opinion issued in late December by Attorney General Mike Cox that held essentially that illegal aliens cannot get a driver’s license in the state. Since the rules were issued, there has been a dispute between the two departments on whether the rules correctly interpret the opinion.
But the Japanese government has taken official notice of the situation. Executives of Indian companies have said they will not locate in the state until the rules are revoked.
The lawsuit charges that Land misinterpreted Cox’s opinion and for that reason the rules should be enjoined.
In a statement announcing the lawsuit, Michael Steinberg, the ACLU’s legal director, said Michigan law says that all state residents should be eligible for a driving license. The opinion and resulting rules are “wreaking havoc on the Michigan economy and hundreds of thousands hard-working, tax-paying Michigan residents,” he said.
Officials have estimated that as many as 400,000 individuals in the state could be affected by the ruling. Department of State officials have said those persons who already have licenses will be able to renew them, and people can continue to drive on their international licenses until they expire.
House Majority Floor Leader Steve Tobocman (D-Detroit) blasted both Cox and Land and said the lawsuit shows how quick action has to be taken to stop the effect of the opinion and the resultant rules.
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