Commissioner of GA Dept. of Driver Services Hit with Immigrant's Lawsuit

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A proposed class action claims the Georgia Department of Driver Services (DDS) and its commissioner, defendant Bert Brantley, violated proposed class members’ Fifth Amendment rights by unlawfully taking their drivers licenses without first providing notice and a hearing. The case summarizes the plaintiff’s allegations:

“[Georgia law] allows for DDS to cancel a driver’s license without forcing the government to articulate its decision. The statute has resulted in Extra-Legal Government Action that has violated the constitutional rights of thousands of non-citizens because DDS has continuously acted without accountability to the Georgia or federal law,” the lawsuit claims.

The plaintiff, who the lawsuit says was born in The Gambia and is not a U.S. citizen but has applied for asylum, claims he was unlawfully denied a driver’s license by the defendants and has experienced a “significant disruption” in his ability to do his job as a result. The lawsuit paints a picture of how the plaintiff’s immigrant status is reportedly tied into his complaints against the Georgia DDS:

2013, [the plaintiff] filed an administrative appeal in Fulton Superior Court. DDS refused to issue a decision after multiple requests by counsel. The Superior Court found that it did not have jurisdiction for the appeal. The decision was affirmed by the Georgia Court of Appeals but overturned by the Georgia Supreme Court. This appeal is still pending after three years. To date, DDS has failed to grant [the plaintiff] a license nor state a basis for its decision to refuse Barrow a license.”

The 24-page complaint claims thousands of Georgia residents have suffered “irreparable harm” by being deprived of their ability to drive without being told why or given a chance to fight the decision. The Georgia DDS, the case alleges, mails the notice of cancellation to drivers, specifically to the last address they have on file. The plaintiff claims individuals who attempt to drive after receiving a cancellation notice and are caught are subject to criminal prosecution.

The lawsuit takes particular issue with how the governing of immigrant classifications is handled between federal and state agencies. With regard to the Georgia DDS’ alleged practices, the plaintiff claims states “have no authority to create immigration classifications that do not exist in federal law,” among other actions.