INDIANAPOLIS — The American Civil Liberties Union of Indiana and the National Immigration Law Center are asking a federal court judge for a preliminary injunction that would grant all immigrants – who are living in Indiana under humanitarian protection – the ability to get a driver’s license or state identification card.
A new law, H.E.A. 1050, passed recently makes exceptions only for immigrants from Ukraine.
The ACLU filed a lawsuit challenging that law in August. The attorneys represent five Indiana residents from Haiti, who live and work in the U.S. under federal humanitarian protections.
"The thing to keep in mind is that this law is not just unjust, but it's illogical,” said Nicholas Espiritu, a lawyer with the National Immigration Law Center. “Having drivers licenses for all, benefits all Hoosiers. Having safe streets. Having folks be able to go to work. having folks be able to take their kids to school.”
Jeffson Saint-Hilaire came to Indianapolis from Haiti under humanitarian protections and is listed as one of the five plaintiffs on the lawsuit.
He believes the ability to drive shouldn't be based off of the country that he came from, instead it should be based on the ability to follow the rules of the road.
"Having a driver’s license is not just about convenience. It's a basic necessity," said Saint-Hilaire
He faces challenges getting to work, and using ride share services cuts into the money that he may otherwise use to help take care of his family in Haiti.
The ACLU says that law is "unjust."
"They're not allowed to do so even though the exact same person would be allowed to do so if they happen to come here from the Ukraine,” said Gavin Rose, an ACLU attorney. "That is discrimination."
Lawyers said Friday the judge is taking this under advisement and will decide soon.