The privilege of driving with a Florida driver’s license is one that is elusive for the thousands of undocumented aliens and people in removal proceedings without status. Under a new initiative from the DHS, ICE agents, their attorneys and the Director/Deputy Director of DHS are allowed to use their discretion to close cases and allow applicants currently in removal proceedings to remain in the country lawfully. This is a two-step process: The applicant’s attorney and the prosecutors in ICE, etc., jointly file a motion to terminate the removal proceedings case. Then the motion is heard by a IJO and a Final Order is issued. The Final Order may be approved, granted, or denied.
In all such cases, Florida Department of Motor Vehicles will now issue the license/ID for one year upon receiving the following documents:
• Copy of Joint motion for termination
• Original of the Final order “granting” or “approving” the motion.
This is very big news for those who are considering whether to accept prosecutorial discretion from the Government because prior to this announcement, most were worried that they would be permitted to stay in the United States but not permitted to drive.