Overview:
A federal judge’s stay of TPS for Haitians does not apply to state-run driver’s licenses originally issued to match the end date of recipients’ work permits. As reports emerge of immigrants being turned away at motor vehicle offices in Ohio and Florida and facing appointment backlogs in New Jersey, immigration attorney Eddy Laguerre explains the state-level complications.
In Florida, Ohio and New Jersey, Haitian TPS holders are being turned away at local motor vehicle offices when they attempt to renew driver’s licenses, several people affected and an immigrant attorney told The Haitian Times. They said the licenses’ validity dates when issued were set to match the immigration program’s Feb. 3 employment authorization expiration, which has been extended at the federal level, but leaves them in legal limbo in their states.
Community activist Farah Larrieux, a TPS holder in Florida, said she has been in contact with state level representatives, including Dotie Joseph, and other Haitian American leaders, to find an immediate solution.
“They are telling the state, ‘the judge said their status is legal, so you must let them renew their license now,’” Larrieux said.
On Feb. 2, a federal judge blocked the termination of Temporary Protected Status (TPS) for Haitians, which allows about 350,000 people to continue to live and work legally in the country. Two days later, the Department of Homeland Security (DHS), which oversees federal immigration agencies, announced the Employment Authorization Document (EAD) granted to TPS recipients were valid. However, Haitians in those three states, whose driver’s licenses were set to expire based on the original EAD Feb. 3 expiration date when they applied, are now in limbo — unable to drive to work, school and other places legally.
“The judge’s decision has effects federally in terms of immigration,” attorney Eddy Laguerre explains. “The states decide their own rules and laws on who and how they want to issue [identification cards] and licenses.”
Confusion at local motor vehicle offices
The disconnect between the federal court order and state bureaucracy hit the community immediately.
In Florida, where nearly 50 percent of TPS holders live, thousands who tried to renew their licenses last week said motor vehicle offices refuse them, saying they do not have the authorization to renew their licenses. Advocates like Larrieux said they have received dozens of calls from families who were turned away at Sunrise and West Palm Beach motor vehicle locations.
One New Jersey resident, who requested anonymity to avoid jeopardizing his immigration status, said his livelihood is currently at a standstill. As a forklift driver, his company requires that he have a valid state driver’s license since he has to drive across a public road sometimes. With no appointments available this month and no guarantee that the Motor Vehicle Commission (MVC) will recognize the federal court’s stay, he is stuck in professional purgatory: Legally allowed to work, but legally unable to perform his specific job.
Similar reports emerged from Ohio. On Feb. 4, multiple migrants reported being turned away from local Bureau of Motor Vehicles (BMVs) local offices. The clerks apparently had not received updated guidance from the state, leaving applicants frustrated and without a legal way to commute.
Varying rules and processes across states have also added to confusion. In Ohio and New Jersey, driver’s licenses or other IDs are valid only up to the legal stay date. With New Jersey’s MVC operating by appointment and the month of February reportedly fully booked, many are left with no immediate path to renewal. Florida, meanwhile, operates with stricter rules, usually allowing a maximum of one year for non-immigrants despite their immigration papers’ permit dates.
One attorney’s step-by-step guide to renew
Laguerre, based in New Jersey, is advising clients to avoid getting behind the wheel if the date on the physical license has passed. He says driving with an expired license can lead to citations, vehicle impoundment, and unnecessary legal complications. Local law enforcement, for example, may treat a card with a Feb. 3 expiration date as invalid, regardless of the federal stay on TPS.
Laguerre suggests that TPS holders take these few steps to renew their driver’s licenses.
Wait for the official US Customs and Immigration Services (USCIS) site to publish the court’s decision with language stating employment authorization documents (EADs), the work permits, are automatically extended.
- Step 2: Print the announcement
Bring a physical printout of this announcement to the local motor vehicle office.
- Step 3: Request SAVE Verification
Ask the clerk to check the SAVE (Systematic Alien Verification for Entitlements) system to see that the federal government has extended lawful status for Haitians.
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