WASHINGTON - TelAve -- California has apparently backed down on its plans to revoke the licenses of some 21,000 immigrant truck drivers on January 5th because of a lawsuit which argues that this would violate their constitutional right to due process.

But a law professor who has taught the law of due process for more than 40 years points out that due process isn't involved in mass revocations which are based upon considerations of general policy.

The federal government appears to agree. It says that the extension California just granted until March 6  - because of the drivers' lawsuit - is illegal, and will not prevent the termination of federal funding of up to $160 million which federal law requires

The truckers' attorneys made a constitutional due process argument about a dozen times in their formal legal complaint.

But that claim has no merit, says public interest law professor John Banzhaf, who has taught the law of due process for more than 40 years. . . .

But, notes the law professor, this due process requirement applies only if the basis for the deprivation is an alleged fact specific to the individual plaintiff; in other words, a fact specific to one individual as to which there can be some reasonable doubt, and which therefore requires evidence and a due process evidentiary hearing to fairly evaluate.

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In other words, due process has no application to revocations based upon general characteristics such as age; or, as in the California case, to their immigration status as to which judges may even take judicial notice.

So while the driver plaintiffs are correct that "The Vehicle Code sets out basic due process protections before the DMV takes away a driver's license temporarily or permanently," and "the DMV must afford affected individuals due process protections before a license is revoked," the statutory language applies only when the denial or revocation is based upon alleged facts specific to the driver; e.g., that he failed to pay a fine, drove recklessly, failed to file for renewal on time, is too old, etc.

Similarly, when California decides to revoke licenses based upon their immigration status - allegedly because of the policy rationale that "the increasing number of foreign drivers operating large tractor-trailer trucks on U.S. roads is endangering American lives," and/or  alleged deficiencies in California's training process for non-domiciled licenses - it does not raise any due process issues, says the law professor.

http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf