|Fernando Castillo Solis, Arrested in 2010. Photo from BustedMugShots.com|
Under the law, those seeking a license must provide proof that they have had an established a legal residence in Georgia within the past 30 days prior to the application for the license. The law also allows for those driving without a license to be prosecuted, even if they obtain a legal drivers' license prior to the court date.
Fernando Castillo-Solis is a Mexican citizen, legally, who is in Georgia illegally, without a visa and without a "green card". Legally, he does not reside in Georgia. He is in the state (and the country) illegally.
The law also forbids personnel who are in the country illegally from obtaining a drivers; license.
His case is that the law, a 287(g) program, allows for racial profiling and is unconstitutional.
Other state laws also enable any illegal immigrant caught driving illegally (without a license) is also subject for turn-over to ICE for prosecution and/or deportation. 287(g) is a program under the auspices of The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (HR2202). Gwinnett County, GA is a certified 287(g) partnership county under the federal law, which allows limited partnership and an amount of delegated enforcement authority from the federal government and ICE to the certified local law enforcement officials.
The Georgia state Supreme Court will hear the case in March 2013.
For further analysis, commentary, and the original article, please visit P-G Matuszak's Mental Aikido.