45 Day Temporary Drivers' Permits Found Unconstitutional As Violation of Immigrants' Rights

A year ago this month, New Hampshire Legal Assistance (NHLA), along with the law firms of Wiggin & Nourie, P.A. and Bailinson & O'Leary, P.C., filed a civil rights lawsuit against the New Hampshire Department of Safety, Division of Motor Vehicles (DMV) to stop discriminatory rules, policies and practices against non-U.S. citizen residents of the state. The five plaintiffs in the lawsuit were legal permanent residents and others entitled to remain in the United States indefinitely, several of whom had lived in New Hampshire for decades.

Beginning in 2001, the plaintiffs found themselves subject to substantially different treatment when they sought to renew their drivers licenses at their local substations and discovered that all non-U.S. citizens were required to conduct their licensing business at DMV headquarters in Concord. The plaintiffs were also subjected to other policies not required of citizens such as submitting proof of identity and residency at license renewal, shorter renewal periods than U.S. citizens and issuance of 45-day temporary licenses at each renewal period. The DMV eventually codified most of its practices in 2004. In their lawsuit, the plaintiffs requested that the Court declare the rules and practices unconstitutional and to order the DMV to stop its discriminatory treatment.

The United States District Court for the District of New Hampshire issued its decision late yesterday. The Court ruled that the DMV unconstitutionally discriminates against non-U.S. citizens by issuing temporary 45-day paper non-photo licenses to non-U.S. citizen initial license applicants, in contrast to the 6-month laminated photo licenses initially issued to U.S. citizens. The Court ordered that this practice be stopped. The Court also ruled that in light of Congressional enactment of Real ID, that the DMV has a rational basis to require non-U.S. citizens to travel to Concord at their initial application in order to allow the DMV to authenticate their identity documents.

With regard to other claims by the plaintiffs, the Court noted that at the time the lawsuit was filed, "the State was engaged in several practices that were arguably questionable from a constitutional standpoint," but noted that the DMV has remedied "the most glaring flaws". Legal permanent residents, refugees and asylees may now renew their licenses at any DMV office, no longer have to prove residency upon renewal, and are generally eligible for five-year license terms.

NHLA Attorney Chris Wellington stated that the plaintiffs and their legal team were overall very pleased with the results of the lawsuit and the court order. Wiggin & Nourie attorney Stephanie Bray, co-counsel on the case added: "We are hopeful that the steps the DMV took to change its practices, plus the changes ordered by the Court, will improve the lives of immigrants in this State in a very practical way."

For further information, contact: Chris Wellington, Esq.
 NH Legal Assistance 603-669-4960 ext. 214 or 
 Stephanie Bray, Wiggin & Nourie, 603-629-4523

Press Release 

The Court's Order

Order

Plaintiff's Initial Filings

Issues Statement

Plaintiffs' Motion for Preliminary Permanent Injunction

Complaint

Memo of Law

Recent Filings

Fahy et al v. Comm'r, Defendant's Memo of Law in Support of Motion for Stay

Fahy et al v. Comm'r, Defendant's Motion for Stay

Fahy et al v. Comm'r, Plaintiffs' Objection to Motion for Stay

Fahy et al v. Comm'r, Plaintiffs' Memo of Law in Support of Objection to Motion for Stay

Fahy et al v. Comm'r, Plaintiffs' Objection to Motion for Stay

Fahy et al v. Comm'r, Order Vacating Order Allowing DMV's Mot. for Stay

Fahy et al v. Comm'r, Plaintiff's Motion for Summary Judgement

Fahy et al v. Comm'r, Plaintiffs' Memo of Law in Support of Summary Judgement

Fahy et al v. Comm'r, Defendants' Motion for Summary Judgement

Fahy et al v. Comm'r, Defendants' Memo of Law in Support of Summary Judgement

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