Greensboro, NC - 18-year-old Erick Marin tried to get his driver's license three times. He was denied three times and is now suing the state Department of Motor Vehicles.
He says he took and passed the test, brought all the right documents, and was even given a temporary license. But, two weeks after getting a temporary license, Erick received a letter from the DMV in Raleigh saying he would not be issued a driver's license unless he presented "valid unexpired immigration documents."
Erick is not an American citizen. He was brought to this country when he was one year old by his family. He has an Employment Authorization Card that was issued as part of the Deferred Action for Childhood Arrivals policy directive.
After receiving the letter from the state DMV, Erick says he went to a DMV office in Greensboro and brought with him an Opinion issued by the office of the North Carolina Attorney General. The Opinion states "that immigration documents issued pursuant to the DACA policy directive are proof of legal presence and that the DMV should issue driver's licenses to DACA recipients who meet all other qualifications."
The DMV denied him a license. Now, Erick is taking his request to a judge. He wants the court to decide whether his employment authorization card is proof of legal presence.
His attorney, Jeremy McKinney said in a written statement, "Erick has permission to be in this country. He only wants his drivers license. Our State's top elected lawyer has already briefed the DMV regarding the law. Now, it's time for DMV to do the right thing. The law which Erick is using to fight for his license (NC Gen.Stat. 20-25) requires quick action. We expect this matter to be resolved within a matter of weeks."
WFMY News 2