The News and Observer is reporting this afternoon that the North Carolina Department of Motor Vehicles will start issuing drivers licenses to Deferred Action recipients on March 25, 2013.  The state will comply with the state attorney general’s ruling said Transportation Secretary Tony Tata.  Attorney General Roy Cooper’s office released a statement on January 17 stating that that participants in the Deferred Action for Childhood Arrivals (DACA) program qualify for licenses because they are given work permits that prove their “legal presence” in North Carolina. That means they meet requirements set by state law for licenses issued to drivers who are not United States citizens.

Two of North Carolina’s leading civil rights organizations are asking state officials to reinstate a policy that allowed young immigrants who have been authorized to be in the United States and granted work permits under the deferred action program to receive North Carolina driver’s licenses.

Until recently, the North Carolina Department of Motor Vehicles had been granting licenses to young immigrants who had been granted Deferred Action for Childhood Arrivals (DACA).   In a press release, the NC DMV now says it will stop issuing licenses to deferred action recipients until it receives a legal opinion from the state attorney general.  Furthermore, according to the News and Observer, the DMV intends to revoke licenses already issued.  This new policy only pertains to DACA recipients,  as North Carolina allows immigrants with other work permits to obtain licenses.

Read the press release at the North Carolina Justice Center website.


The North Carolina Select Committee on the State’s Role in Immigration Policy met on Thursday in Raleigh to discuss undocumented immigrants in the state.  The seven Republicans and five Democrats urged the incoming General Assembly to approve a resolution demanding that Washington better control the borders.   The panel  dissolved abruptly without any major legislative recommendations, an indication that Republican lawmakers are aware of  the politics surround this contentious issue and wary of following the lead of other states (like Arizona and Georgia) by cracking down on undocumented immigrants.

The committee met numerous times earlier this year, and heard passionate testimony at a public hearing in June. At the end of the meeting, Republicans put a hold on the committee’s deliberations until after the U.S. Supreme Court decision on an Arizona immigration law. But the panel never met again before presenting its report yesterday.

Read more at the News and Observer and Fox New Latino.

The North Carolina Select Committee on the State’s Role in Immigration Policy has announced that its next meeting will be on Thursday, December 6, 2012 at 1:00 p.m.  The location is listed as 643 LOB, Raleigh, NC.  A link to previous meeting agendas can be found on their website.

The committee is chaired by Rep. Iler and Rep. H. Warren.  Members include Rep. BrissonRep. ClevelandRep. FairclothRep. FolwellRep. JonesRep. PierceRep. RappRep. StarnesRep. StevensRep. Wray

The Law Offices of Dayna Kelly will continue to update it’s readers concerning North Carolina immigration related issues.


Dozens of people spoke out Wednesday in Raleigh on whether North Carolina should regulate immigration as state lawmakers consider how to reduce the flow of illegal immigrants.  The meeting lasted about two hours, during which pastors, immigrant-advocacy leaders, and unauthorized immigrants spoke. At the speaker’s stand, 27 of the 35 speakers praised what they see as the vital role that immigrants — including those who do not have legal permission to be in North Carolina — have had in building up the state’s economy.

The North Carolina House Select Committee on the State’s Role in Immigration Policy decided to delay consideration of comprehensive immigration legislation until 2013, putting to rest for now one of the most heated legislative issues this year. Representative Iler, a Republican committee co-chairman, said it seemed improbable that lawmakers would consider the matter in the short session that convenes in May. He also said lawmakers wanted to wait for a U.S. Supreme Court ruling on Arizona’s controversial immigration law before moving forward.  A decision on that case is expected in June.

The committee’s delay likely doesn’t mean other immigration legislation won’t get heard in the North Carolina Legislature this session. Two main bills are still pending. One measure that passed the House and sits in the Senate bans foreign consular documents as acceptable identification papers. And another Senate-approved bill, which awaits House action, reinforces current state law that illegal immigrants are not eligible for government benefits.

You can read more about the meeting here.


The public is invited to address the North Carolina House Select Committee on the State’s Role in Immigration Policy during a committee meeting to take place on Wednesday, March 28, 2012, 1:00 p.m. until 3:00 p.m., in Room 643 of the Legislative Office Building, Raleigh, NC.  The meeting will open with presentations to the Committee and will close with public comment during the final hour of the meeting

This Select Committee was created under the authority of the Hon. Speaker of the House Thom Tillis to study and examine the State’s role in immigration policy, including the effectiveness of laws already in effect pertaining to immigration as well as best practices in other states.  The Committee includes 12 members of the North Carolina House of Representatives: Representative Iler (Co-chair), Representative H. Warren (Co-chair), Representative Brisson, Representative Cleveland, Representative Faircloth, Representative Folwell, Representative Hamilton, Representative Jones, Representative Pierce, Representative Starnes, Representative Stevens, and Representative Wray.

As part of the Committee’s information gathering process, the Committee Co-chairs invite members of the public who wish to make public comment to the Committee on the State’s Role in Immigration Policy to attend.  Individuals who wish to address the Committee may sign-up between 11:30 a.m. and 12:30 p.m. on March 28 prior to the hearing outside of Room 643.  Speakers are asked to limit comments to three minutes.  Speakers are encouraged to furnish a written copy of their comments if possible. The Committee will also accept written comments from the public from those who do not wish to speak.

For more information, contact Carla Farmer, Committee Clerk, (919)301-1450,

A hearing was held on March 7, 2012 concerning H.R. 3808, the Scott Gardner Act.  The act aims to amend the Immigration and Nationality Act to direct the Attorney General to take into custody an alien who is unlawfully in the United States and is arrested by a state or local law enforcement officer for driving while intoxicated or a similar violation. The act directs the officer, upon reasonable grounds to believe the individual is an alien, to verify the individual’s immigration status, and to take into custody for federal transfer an individual who is unlawfully in the United States. The Act also directs the Secretary of Homeland Security to reimburse states and localities for related transportation costs when such transportation is not done in the course of normal duties.
This bill was sponsored by North Carolina Representative Rep Myrick, Sue Wilkins [NC-9], and cosponsored by Rep Coble, Howard [NC-6] Rep McIntyre, Mike [NC-7] and three others.
A video webcast of the hearing can be watched here.

The North Carolina Select Committee on the State’s Role in Immigration Policy met yesterday in Raleigh and took comments from representatives of the home building, construction and farming industries, including the NC Home Builders Association, Carolinas AGC, North Carolina Growers Association, and Immigration Works USA.  North Carolina Home Builders Association lobbyist Lisa Martin said her group supported Congress, not the states, in addressing immigration.

The Pew Hispanic Center estimates North Carolina ranks ninth in population among the states with 325,000 foreign-born persons who aren’t legal immigrants.

Click here for more.


The North Carolina House Select Committee on the State’s Role in Immigration Policy will meet on Wednesday, February 29, 2012 at 1:00 p.m. in room 643 of the Legislative Office Building.  Although an agenda has not yet been released, a link to the items presented at the January 25, 2012 meeting can be found here.  The Law Offices of Dayna Kelly will continue to update it’s readers on Immigration issues in North Carolina.


The U.S. Citizenship and Immigration Services recently released two videos about the E-Verify process aimed at employers and employees.  “Know Your Rights: Employee Rights and Responsibilities,” and “Understanding E-Verify: Employer Responsibilities and Worker Rights.”

North Carolina law requires all state agencies, counties, and municipalities use E-Verify. Other employers must start using E-Verify according to the following schedule: October 1, 2012 for employers with 500 or more employees; January 1, 2013 for employers with 100 to 499 employees; and July 1, 2013 for employers with 25 to 99 employees.

For more information about these videos, visit E-Verify’s web site. To view both videos, click here.