QUESTION

Can I be denied my driver's license because of the Real ID Act of 2005?

Asked on Jan 26th, 2015 on Litigation - Utah
More details to this question:
President Obama has authorized undocumented alien's birth certificates and driver's licences. If Obama can make these decisions without congress, and no ratification of the constitution by twenty three states, does this action nullify and void laws like the real ID act of 2005, the patriot act, and the national security act protecting borders? I ask this because I am being forced to prove with a state issued birth certificate my citizenship. My hospital issued certificate has been accepted in all the other states, and my state is using the ID act from 2005 as their grounds denying my driver's license. I need to stop this kind if abuse, by using laws, protecting liberties of actual citizens. Is there any legal standings I can use in court? Thanks.
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1 ANSWER

Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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What Pres. Obama has done is stated that the laws will not be enforced. It is a major constitutional issue as to whether he can undo by executive order laws passed by Congress. At this point, nobody knows what will happen. As it stands now, the laws passed by Congress are still valid, although the President has said he will not enforce some of those laws. Based on this, your hospital can probably still require a state-issued birth certificate. If you do decide to fight in court, it will definitely take a long time (based in years, not months).
Answered on Jan 27th, 2015 at 5:02 PM

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