OPINION: Gov. Hochul’s Green Light Law Allows Illegal Migrants To Obtain NY Driver’s Licenses Undermining Law Enforcement

Asm. Pirozzolo: Gov. Hochul’s Green Light Law Allows Illegal Migrants To Obtain NY Driver’s Licenses

Congresswoman Malliotakis commented on this same issue as it relates to illegal migrants whose data isn’t shared with immigration enforcement agents. This would be to assist the police in identifying criminals who steal cars. However, as we’ve previously covered, people here from other countries, legally or illegally, commit fewer crimes overall and by individual groups.  In addition, this law applies only to immigration enforcement officers (see below) . Local or state police who pull over a driver for some infraction would see the same information for them as for anyone else pulled over without a Real ID (having a standard driver’s license) . 

This law was also challenged by the Trump Administration in a case which has been dismissed by a federal judge.  According to The Hill:  

Nardacci acknowledged that the lawsuit touches on the politically salient issue of immigration enforcement, but she stressed in the ruling that her job is not to evaluate the policy itself, just whether the plaintiffs successfully proved it violates the Supremacy Clause.

“The Court’s role is not to evaluate the desirability of the Green Light Law as a policy matter, but rather to assess whether Plaintiff’s well-pled allegations, accepted as true, establish that the challenged provisions of the Green Light Law violate the Constitution’s Supremacy Clause,” she wrote.

“The Court concludes that Plaintiff has failed to state such a claim,” she added.

The law was initially enacted as part of an effort to improve public safety, since people without licenses would sometimes drive without taking a road test first.

From Asm. Pirozzolo: 

Our state is under assault by radical policies that endanger our families and undermine those who protect us. Governor Kathy Hochul’s so-called “Green Light” Law is a prime example – it’s a dangerous law that undermines law enforcement and compromises public safety, all while putting illegal immigrants ahead of law-abiding citizens.

Hochul’s Green Light Law allows people who are in our country illegally to obtain New York driver’s licenses and then blocks federal immigration agents from accessing those DMV records.

That means even if a known criminal alien is pulled over, officers might not know it – because Hochul’s law bars them from seeing the driver’s identity or criminal history. Law enforcement experts warn that this policy is putting police and American citizens in grave danger.

Below are the details about this Green Light Law as provided by New York State DMV:

The Driver’s License Access and Privacy Act, commonly called the ‘Green Light Law’, was enacted on June 17, 2019, and took effect on December 16, 2019. It allows all New Yorkers age 16 and older to apply for a standard, not-for-federal purpose, non-commercial driver license or learner permit regardless of their citizenship or lawful status in the United States.

You do not need a Social Security card to apply for a license or permit

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Under the Driver’s License Access and Privacy Act, driver license applicants who have never been issued a Social Security Number are eligible to apply.

You must sign an Affidavit (sworn statement) of never having been issued a Social Security Number when you apply for a standard driver license.

You cannot apply for a Non-Driver ID Card

The Green Light Law does not apply to Non-Driver ID cards.

Your license or permit will not look different from other standard New York Driver licenses

All standard New York State driver licenses look the same regardless of the proof documents you provide when you apply. All standard driver licenses will be marked “NOT FOR FEDERAL PURPOSES”.

Language Assistance

All DMV Offices will provide language access assistance to individuals with limited English proficiency.

Privacy Protections

The law provides a number of privacy protections that limit data sharing, including to agencies that primarily enforce immigration laws, and requires disclosure to the license holders when immigration enforcement agencies request data from DMV.

Documents You Will Need To Apply

All applicants for a standard driver license must show a combination of documents that prove name, date of birth, and New York State residency.

Review the standard license and permit guide to see a list of all proofs that will be accepted

Banner Image: Migrant protest. Image Credit – Meg