United States Ninth Circuit

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Arizona Dream Act Coalition v. Brewer, 13-16248

In an action challenging an Arizona policy which prohibits recipients of the federal program called the "Deferred Action for Childhood Arrivals" from obtaining driver's licenses by using Employment Authorization Documents as proof of their authorized presence in the United States, the district court's denial of a motion for a preliminary injunction is reversed and remanded, where: 1) although on the current record, it cannot yet be resolved whether plaintiffs have established a likelihood of success on the merits of their preemption claim, plaintiffs have shown that they are likely to succeed on the merits of their equal protection claim; 2) plaintiffs have shown that they are likely to suffer irreparable harm unless defendants' policy was enjoined; and 3) both the balance of equities and the public interest favored an injunction.

Appellate Information

  • Decided 07/07/2014
  • Published 07/07/2014

Judges

  • PREGERSON

Court

  • United States Ninth Circuit

Counsel