Haitians challenge Indiana law offering driver's licenses to only Ukrainian refugees

A federal lawsuit claims an Indiana law passed this year that allows Ukrainian refugees to apply for driver’s licenses or identification cards discriminates against refugees from other countries.

Allowing survivors who have fled from the war-torn Eastern European nation to acquire a license was a provision in House Bill 1050, which covered several motor vehicle matters. It was added to the bill in April by state Sen. Eric Koch, R-Bedford, and made it in the final version crafted by a conference committee.

However, the American Civil Liberties Union of Indiana and the National Immigration Law Center are representing five Haitian nationals who have entered the country under the same “humanitarian parole” status as Ukrainian refugees. Their suit calls on the United States District Court for the Southern District of Indiana in Indianapolis to issue an injunction opening HB 1050’s licensing provision to individuals from other countries that the U.S. has recognized as refugees. That would include Haiti, Afghanistan, Cuba, Nicaragua and Venezuela.

“The federal government regulates immigration – not the states,” NILC attorney Chiraayu Gosrani said in a statement. “The state of Indiana cannot create immigration classifications that conflict with federal law, and here they have done just that in an effort to unconstitutionally discriminate against people with humanitarian protections who are overwhelmingly immigrants of color.”

One of the plaintiffs, Jeffson St-Hilaire, currently resides in Hancock County, just east of Indianapolis. He arrived in the U.S. on March 3, and the federal government has approved St-Hilaire to stay in the country through March 2025.

The complaint says St-Hilaire has found work as an electrician’s assistant. However, because he lives in a rural area with no public transportation options available to commute to work, the lawsuit states he must rely on others to drive him.

“In addition to being able to travel to and from his job without requiring assistance from coworkers, Mr. St-Hilaire wishes to be able to transport himself to run errands, to social events and to otherwise explore Indiana,” the lawsuit states. “In fact, as with most persons, obtaining a driver’s license and the resulting ability to drive would allow Mr. St-Hilaire to realize a level of self-sufficiency and independence that he currently is unable to experience in the United States.”

St-Hilaire did take tests to obtain a learner’s permit. While he passed those exams, the Indiana Bureau of Motor Vehicles notified him he was not eligible for one.

The lawsuit lists the BMV commissioner as the defendant. A message to the bureau was not immediately returned Tuesday.