Indiana Sued Over Law Allowing Only Ukrainian Immigrants to Get Drivers Licenses

A federal judge heard arguments from lawyers for a group of Indiana residents from Haiti who are suing the state over a law that allows immigrants in the US on humanitarian parole to get drivers licenses, but only if they are from Ukraine.

A federal judge in Indianapolis heard arguments from lawyers for a group of Indiana residents from Haiti who are suing the state over a law that allows immigrants in the US on humanitarian parole to get drivers licenses, but only if they are from Ukraine. The five plaintiffs say the law passed this year is discriminatory and unconstitutional, and they asked the court to strike down the law’s provision that limits its scope to people from Ukraine. US District Court Judge Tanya Walton Pratt said she will issue a ruling at an unspecified date.

Background of the Lawsuit

The lawsuit was filed in August against the Commissioner of the Indiana Bureau of Motor Vehicles. The plaintiffs are represented by attorneys with the American Civil Liberties Union of Indiana and the National Immigration Law Center. The law provides an avenue for immigrants on humanitarian parole from Ukraine to obtain drivers licenses and identification cards. The class-action lawsuit seeks to force the Bureau of Motor Vehicles to offer the same opportunities to immigrants on humanitarian parole from other countries.

Arguments Against the Law

Attorneys argue in court documents that the law violates the Civil Rights Act of 1964 and the equal protection clause of the US Constitution. It also creates its own immigration classifications, which is an authority reserved by the federal government, they contend. ACLU lawyer Gavin Rose described the law in court as "a textbook example of national origin discrimination.”

Impact on the Plaintiffs

Four of the five Haitian immigrants — who are all on humanitarian parole — live in rural areas without public transportation, according to court documents. They rely on others for rides to work and other everyday activities such as grocery shopping. The final plaintiff is a minor who wishes to receive an identification card, the documents state. The lead plaintiff, Jeffson Saint-Hilaire, 25, said he came to the US to provide for his mother and two sisters who live in Haiti.

State’s Defense

The state argues that the law was adopted to mirror provisions in Congress’s Additional Ukraine Supplemental Appropriations Act, and therefore does not conflict with federal law or federal immigration classifications. "Indiana’s mode to be welcomed should be approved, not penalized,” attorney William Bock said on behalf of the state. Attorneys with the state also argue that restrictions in the law limit its scope to a certain time frame, which means it isn’t available to all people from Ukraine.

The lawsuit challenging the Indiana law that allows only Ukrainian immigrants on humanitarian parole to get drivers licenses raises important questions about discrimination, equal protection, and the role of states in immigration policy. The outcome of the case will have implications for immigrants from Haiti and other countries who are seeking to obtain drivers licenses and identification cards.