The U.S. Department of Justice, led by Attorney General Pam Bondi, filed a lawsuit against the state of New York on Wednesday, challenging the state’s Green Light Law, which allows undocumented immigrants to obtain driver’s licenses without providing a Social Security number. This move intensifies the ongoing conflict between state and federal authorities over immigration enforcement policies.
New York’s Green Light Law, signed into law by former Governor Andrew Cuomo in 2019, permits undocumented immigrants to apply for driver’s licenses using alternative identification, such as foreign passports or foreign-issued driver’s licenses. Applicants must still pass a road test to qualify. The law’s primary goal is to enhance road safety by making it easier for immigrant drivers to obtain insurance and legally drive.
“New York has chosen to prioritize illegal aliens over American citizens. It stops. It stops today,” Bondi declared at the announcement of the lawsuit.
What Is New York’s Green Light Law?
New York became the 13th state to pass such a law when it enacted the Green Light Law in 2019. The law aims to reduce the number of uninsured drivers on the road and improve overall safety for all drivers. By making driver’s licenses accessible to undocumented immigrants, New York joins a growing list of states with similar laws. As of now, 19 states and the District of Columbia have enacted legislation allowing undocumented immigrants to obtain driver’s licenses.
However, the Green Light licenses come with restrictions. They cannot be used for federal identification purposes, voting, or other legal processes. In Connecticut, for example, the state’s Department of Motor Vehicles makes it clear that these licenses are solely for driving and vehicle registration.
The Legal Controversy
While the core of the law has remained intact since its passage, concerns have surfaced about privacy and data-sharing with federal immigration authorities. New York’s Department of Motor Vehicles (DMV) states that the law includes privacy protections that limit the sharing of information with agencies that enforce immigration laws. Furthermore, the law requires that individuals be notified if immigration agencies request their information.
This privacy provision, however, is the central issue in the lawsuit. Bondi contends that this practice of notifying undocumented immigrants about federal immigration inquiries is unconstitutional. “It’s tipping off an illegal alien, and it’s unconstitutional,” Bondi argued. “That’s why we filed this lawsuit.”
New York’s Response
In response to the lawsuit, New York Governor Kathy Hochul criticized the legal challenge, asserting that the Green Light Law has been upheld in courts multiple times. She emphasized that federal immigration authorities can access DMV databases only with a judicial warrant, a measure she described as both sensible and widely supported by New Yorkers.
“There’s no way I’m letting federal agents, or Elon Musk‘s shadowy DOGE operation, get unfettered access to the personal data of any New Yorker in the DMV system like 16-year-old kids learning to drive,” Hochul said in a statement, referencing the federal government’s attempt to access the personal information of New York residents.
Hochul also dismissed the lawsuit as a “worthless, publicity-driven” move, promising that New York would not back down. “We expect Pam Bondi’s lawsuit to be a total failure, just like all the others,” she added.
New York Attorney General Letitia James, who is also named in the lawsuit, pledged to defend the law, stating that the Green Light Law helps protect the rights of all New Yorkers and promotes community safety.
Governor Hochul Cancels Meeting with President Trump
In a show of defiance against the federal lawsuit, Hochul canceled a scheduled lunch with President Donald Trump. The decision followed Bondi’s public announcement, which Hochul described as an unfounded challenge to New York’s sovereignty. “I didn’t want to go down there and give any credibility to this brazen attempt to have our laws undermined by the federal government,” Hochul said.
The Green Light Law had previously drawn criticism during President Trump’s first term, leading to the temporary suspension of New York from the Global Entry program by the Department of Homeland Security.
Other States with Similar Laws
New York’s Green Light Law is part of a broader national trend. Similar laws exist in several states, including California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Utah, Vermont, Virginia, and Washington, which has the longest-standing such law, dating back to 1993.
Washington’s law allows people without a Social Security number to use alternative documents, such as a utility bill or tax identification number, to prove residency. Minnesota recently enacted its own law in 2023, removing the requirement for applicants to show legal U.S. residency. This change allowed approximately 81,000 individuals to apply for driver’s licenses. Minnesota also ensures that applicants’ personal information is not shared with immigration law enforcement.
As the legal battle over New York’s Green Light Law unfolds, it highlights the ongoing tension between state-level efforts to address undocumented immigration and federal immigration policies. The outcome of this lawsuit could have broader implications for similar laws across the nation.
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