Fahy v. Commissioner

No. 05-CV-97-M (D.N.H. filed March 23, 2005) ; Clearinghouse Number: 55917

Description

Legal Noncitizen New Hampshire Residents File Section 1983 Suit Against Division of Motor Vehicles for Discriminatory Licensing Rules

Abstract

In a suit brought under Section 1983, plaintiff legal noncitizen New Hampshire residents alleged that New Hampshire Division of Motor Vehicles Department of Safety’s drivers’ license rules and practices violated their equal protection rights, constitutional right to travel, and due process rights. Plaintiffs include permanent residents, refugees, and asylees. Division of Motor Vehicles requires legal noncitizens to (1) apply for and renew their licenses at the central division office; (2) show proof of residency at each license application and renewal; (3) retake road skills tests in more instances than citizens; and (4) renew their licenses more frequently than citizens. Division of Motor Vehicles issues forty-five-day temporary paper licenses to noncitizens rather than photo identification. Seeking injunctive relief against enforcement of the rules, plaintiffs argue that money damages cannot remedy the deprivation of constitutional rights, that plaintiffs are experiencing substantial hardship, and that the rules were developed for reasons of administrative convenience, which does not outweigh constitutional violations and is not a compelling state interest. The rules were intended to solve problems of delays at Division of Motor Vehicles’ substations; state officials believed that delays were caused by noncitizens with limited English-speaking skills.

Additional Information

Attorney Information
Plaintiffs represented by Christine Wellington, New Hampshire Legal Assistance, 1361 Elm St., Suite 307, Manchester, NH 03101 (603.668.2900); Jackson Chin, Puerto Rican Legal Defense and Education Fund, 99 Hudson St., 14th Floor, New York, NY 10013 (212.219.3360).
Docket Date
2005-03-23 00:00:00+00:00
Attorney Email
cwellington@nhla.org