DHS Works to Combat Green Light Laws

As states such as New York attempt to pass laws which allow individuals living in the country illegally to obtain drivers licenses and limit department of motor vehicle (DMV) cooperation with federal immigration services, Acting Secretary of the Department of Homeland Security, Chad Wolfe, is responding by limiting the state’s access to certain DHS programs.

Under New York’s Driver's License Access and Privacy Act, commonly called the 'Green Light Law', individuals over the age of 16 can obtain a driver’s license without a social security number and regardless of immigration status. According to the New York DMV, “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.”

A group representing federal immigration enforcement agents spoke out against these laws upon their enactment.

Federal Law Enforcement Officers Association (FLEOA) President Larry Cosme said in a press statement in December, “We agree with the Department of Homeland Security (DHS) and several New York State County Clerk’s assessment that New York’s Green Light laws do nothing more than protect narcotics and human traffickers and other violent criminals. Part of our nationally agreed-upon immigration enforcement strategy… [is] to prioritize the identification of illegal aliens who commit violent crimes.”

Last week DHS Acting Secretary Wolfe announced that New York residents will no longer be eligible to apply for or renew enrollment in certain Trusted Traveler Programs, like Global Entry. The agency argues that the Green Light Laws prevent the agency from fully vetting New York residents.

According to a DHS release, programs like Global Entry rely on DMV data to determine whether a person is who they say they are and if the individual has a criminal record. “When data is denied, the security is compromised,” the agency reports.

“An aspect of the law which I’m most concerned about is that it prohibits the DMV from providing ICE and CBP with important data used in law enforcement, trade, travel, and homeland security. ICE uses the information as they investigate and build cases against terrorists, and criminals who commit child sexual exploitation, human trafficking, and financial crimes. Unfortunately, because of this law, they can no longer do that,” Acting Secretary Wolfe said in the release.

FLEOA praised the acting secretary for taking a strong stance against these laws.

"We appreciate your efforts to challenge states that enact these misguided laws,” FLEOA President Cosme said in a letter to the acting secretary. “It is our hope that together we can advocate for the state of New York to amend this legislation to indicate that national security, public safety, and law enforcement cooperation are a top priority."

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