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Judge gives ‘green light’ to controversial New York driver’s license law in blow to Trump admin

Thomas Smith
4 Min Read

A federal judge on Tuesday rejected the Trump administration’s attempt to block New York’s “Green Light Law,” keeping in place the state policy that allows residents to obtain standard driver’s licenses without proving lawful immigration status.

U.S. District Judge Anne M. Nardacci ruled that the Justice Department—after suing New York Gov. Kathy Hochul and Attorney General Letitia James in February—did not back up its claims that the law overrides federal authority, unlawfully regulates the federal government, or discriminates against it.

“As I said from the start, our laws protect the rights of all New Yorkers and keep our communities safe,” James said in a statement. “I will always stand up for New Yorkers and the rule of law.”

When the lawsuit was announced, U.S. Attorney General Pam Bondi accused Hochul and James of putting “illegal aliens over American citizens,” arguing that the law limits federal immigration agents’ ability to access certain state driving-record information during traffic stops.

Nardacci emphasized that her role was not to decide whether the policy is wise, but whether the administration had shown that it violates the Constitution’s Supremacy Clause, which makes federal law supreme over conflicting state laws. She concluded the administration “failed to state such a claim.”

Formally known as the Driver’s License Access and Privacy Act, the measure was adopted in part to promote road safety—supporters argued that more people would take driving tests and obtain insurance if licensing were accessible. The law allows applicants without a valid Social Security number to submit alternative identification, including valid passports and driver’s licenses issued by other countries. Applicants still must obtain a learner’s permit and pass a road test to receive a standard driver’s license.

The law does not apply to commercial driver’s licenses.

The Justice Department’s lawsuit called the statute “a frontal assault on the federal immigration laws,” pointing to a provision requiring the state’s DMV commissioner to notify applicants when a federal immigration agency requests their information. The administration also argued that broader access to New York driver data would make it easier to carry out its immigration enforcement agenda.

The Green Light Law first took effect in 2019 but drew renewed criticism after a fatal January shootout in Vermont that killed a U.S. Customs and Border Protection agent near the Canadian border following a traffic stop involving a German national.

“Any information that can help law enforcement stay safe as they conduct their duties has pretty much been taken away with this Green Light Law,” Hector Garza, vice president of the National Border Patrol Council, said at the time. He added that the law can limit what officers can learn from routine vehicle-registration checks before traffic stops, such as whether a person has outstanding warrants or is considered armed and dangerous.

In her decision, however, Nardacci echoed a prior appeals court ruling and said the information “remains available to federal immigration authorities” through legal processes such as a lawful court order or judicial warrant.

New York is one of about a dozen states with laws that allow undocumented residents to obtain driver’s licenses.

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