GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                    1

HOUSE BILL 141

Short Title:        DACA Beneficiaries/Drivers License Moratorium.		(Public)
Sponsors:	Representatives Brody, J. Bell, Lambeth, and Millis (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Rules, Calendar, and Operations of the House, if favorable, Transportation.

February 25, 2013

A BILL TO BE ENTITLED

AN ACT to ENABLE THE GENERAL ASSEMBLY TO FULLY INVESTIGATE AND DELIBERATE ON ALL AVAILABLE OPTIONS FOR PROTECTING THE INTERESTS OF THE STATE AND ITS CITIZENS WITH REGARD TO THE FEDERAL DEFERRED ACTION FOR CHILDHOOD ARRIVALS INITIATIVE.

Whereas, federal immigration laws are complicated, inconsistent, and confusing; and

Whereas, these problems have been exacerbated by the federal government's failure to enforce existing laws and to protect the nation's borders; and

Whereas, the Deferred Action for Childhood Arrivals (DACA) initiative announced by the United States Secretary of Homeland Security on June 15, 2012, compounds the confusion in federal immigration law rather than diminishes it; and

Whereas, rather than working with the General Assembly to craft a careful and deliberate legislative response to the DACA initiative, the previous administration merely requested a North Carolina Attorney General's opinion; and

Whereas, the Office of the Attorney General issued an opinion on January 17, 2013, that further complicates the application of the law in this State; and

Whereas, possession of a valid drivers license has traditionally been one of the main methods by which residents of this State demonstrate their eligibility to receive various benefits and entitlements and to exercise various fundamental rights; and

Whereas, granting drivers licenses to a whole new class of individuals may therefore have far reaching ramifications for numerous State programs, benefits, and rights; and

Whereas, the complexity of these issues requires a carefully crafted legislative response, undertaken only after thorough investigation and deliberation by the people's elected representatives in the General Assembly; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  Notwithstanding G.S. 20-7(b1) or (s) or any other provision of law, the Division of Motor Vehicles shall not issue a drivers license of any kind to an applicant whose lawful presence was derived through the Deferred Action for Childhood Arrivals initiative announced by the United States Secretary of Homeland Security on June 15, 2012.

SECTION 2.  This act is effective when it becomes law and expires on June 15, 2013.