NEW YORK (AP) — A federal judge gave New York’s so-called “green light law” the green light on Tuesday, rejecting the Trump administration’s proposal to block the state from issuing driver’s licenses to people without proving they are here legally.
U.S. District Judge Anne M. Nardacci in Albany ruled that the Republican administration, which challenged the law amid President Donald Trump’s crackdown on illegal immigration, failed to support its claims that the state law usurped federal law or illegally regulated or illegally discriminated against the federal government.
The Justice Department sued the state in February over the law, naming Gov. Kathy Hochul and the state’s Attorney General Letitia James as defendants. At a news conference announcing the lawsuit, U.S. Attorney General Pam Bondi accused the two Democratic officials of prioritizing “illegal aliens over American citizens.”
“As I’ve said from the beginning, our laws protect the rights of all New Yorkers and keep our communities safe,” James said in a statement Friday. “I will always support New Yorkers and the rule of law.”
A message seeking comment was left with the Justice Department.
Nardazzi, who was appointed to the bench by Democratic President Joe Biden, wrote that it was not her job to evaluate the desirability of the Green Light Act as a policy matter. Instead, she said in a 23-page opinion, it was to evaluate whether the Trump administration’s arguments proved the law violated the U.S. Constitution’s Supremacy Clause, which gives federal laws preemption over state laws.
The government “failed to make such a claim,” she wrote.
The Green Light Law was enacted in part to improve public safety on the road, as unlicensed drivers sometimes drive without a license or fail road tests. The state also makes it easier for holders of such licenses to obtain auto insurance, thereby reducing crashes involving uninsured drivers.
By law, people who do not have a valid Social Security number can submit other forms of identification, including a valid passport and driver’s license issued by another country. Applicants must still obtain a license and pass a road test to qualify for a “standard driver’s license.” It does not apply to commercial driver’s licenses.
The Justice Department’s lawsuit seeks to overturn the law, calling it “a frontal attack on federal immigration laws and the federal authorities who enforce those laws.” It highlights a provision requiring the state’s Department of Motor Vehicles commissioner to notify federal immigration agencies when they request information from people who are here illegally.
In 2020, during Trump’s first term, his administration tried to force New York state to change the law by barring anyone in the state from participating in the trusted traveler program, meaning they would take longer to get through airport security lines.
Then-Governor Andrew Cuomo offered to restore federal access to driving records on a limited basis, but said he would not let immigration agents see the lists of people applying for special permits for immigrants who cannot prove legal presence in the United States. After a brief legal battle, the government finally restored New Yorkers’ access to the Trusted Traveler program.
In the lawsuit that was dismissed Tuesday, the government argued that enforcing federal immigration priorities might be easier if federal authorities had unfettered access to driver information in New York. Echoing a ruling by the 2nd U.S. Circuit Court of Appeals in an earlier challenge to the law by county clerks, Nadachi wrote that such information “remains available to federal immigration authorities” through a legitimate court order or judicial warrant.