IRLI Files Brief in Appeal of Failed Illegal Alien Lawsuit Seeking Driving Privileges

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December 2, 2016

Protecting the right of Americans to govern themselves

December 02, 2016

(Washington, D.C.) – Today, the Immigration Reform Law Institute (“IRLI”) filed on behalf of their client Oregonians for Immigration Reform (“OFIR”) a friend-of-the-court brief (attached here) in the U.S. Court of Appeals for the Ninth Circuit in an appeal of a dismissed lawsuit brought by five admitted illegal aliens and two illegal alien special interest groups. The lawsuit seeks to force the State of Oregon to grant diving privileges to illegal aliens.

Specifically, the suit seeks to overturn as unconstitutional the outcome of the November 2014 general election in Oregon, when, through the Oregon Constitution’s referendum veto process, Oregon voters overwhelmingly rejected—by 66%—a bill passed by the legislature and signed by the governor that would have extended eligibility for driving privileges to unlawfully present persons. OFIR was the driving force behind the referendum veto that collected the requisite number of signatures to get the issue placed on the ballot.

The case was dismissed in May when an Oregon district court ruled that the plaintiffs could not show that an order from the court could redress their complaint as the court had no power to overturn a referendum or force the state to pass legislation giving illegal aliens driving privileges. In its brief, IRLI agreed with the district court and argued further that the plaintiffs also failed to demonstrate an injury, a necessary element of standing to sue, as illegal aliens have no constitutional right to driving privileges, and, in fact, do not even possess the constitutional right to interstate travel (which citizens and legal aliens possess) as a result of their illegal presence in the U.S.

Dale L. Wilcox, IRLI’s Executive Director commented, “The district court was correct in dismissing this lawsuit as it has no merit and is a waste of the court’s time and precious resources.” Wilcox continued, “Illegal aliens do not have a right to driving privileges, nor do they have a right to travel freely in the U.S. as federal law makes their very presence in the U.S. unlawful. We anticipate the Ninth Circuit will easily affirm the dismissal.”

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