Judge upholds New York’s law allowing driver licenses for undocumented immigrants

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A federal judge on Tuesday upheld New York’s “Green Light Law,” rejecting an effort by the Trump administration to prevent the state from issuing driver’s licenses to people living in the country illegally.

The Green Light Law, also known as the Driver’s License Access and Privacy Act, has been in effect since 2019. Supporters say it was designed to improve road safety by ensuring more drivers are tested, licensed, and insured. Under the law, applicants without a Social Security number may present alternative identification, such as a valid foreign passport or an out-of-country driver’s license; however they must still obtain a learner’s permit and pass a road test to receive a license.

The law does not apply to illegal immigrants seeking a Commercial Drivers License. Notably, the issuance of CDLs to illegal immigrants has garnered greater scrutiny over the past few months following several fatal accidents caused by illegal immigrants operating commercial vehicles.

The Justice Department filed a lawsuit in February against New York Democratic Gov. Kathy Hochul and Attorney General Letitia James, arguing that the law prioritizes undocumented immigrants over U.S. citizens. U.S. Attorney General Pam Bondi also said New York was obstructing federal immigration efforts by limiting access to driver information during traffic stops, undermining the government’s immigration enforcement efforts.

In a 23 page ruling, U.S. District Judge Anne Nardacci determined that the Justice Department failed to demonstrate that the law conflicts with the Constitution’s supremacy clause.

Nardacci said that the court’s role was to determine whether New York’s law unlawfully intruded on federal power. The Trump administration, she concluded, “failed to state such a claim,” finding no evidence that the law invalidates federal immigration statutes or discriminates against the federal government.

The law also includes privacy provisions requiring the state Department of Motor Vehicles to notify individuals when federal immigration agencies request their information, which federal officials argued makes immigration enforcement more difficult and limits officers’ ability to assess potential risks during traffic stops. Critics within border enforcement agencies have said the restrictions reduce access to registration and warrant information that could help protect officers.

However, Nardacci noted that driver information remains accessible to federal authorities through court orders or judicial warrants.

Attorney General James welcomed the ruling, saying that the law is intended to protect residents and enhance safety.

“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 Friday. “I will always stand up for New Yorkers and the rule of law.”

New York is among roughly a dozen states that allow illegal immigrants to obtain driver’s licenses.