On February 12, 2025, the Trump administration sued the State of New York, challenging the state’s Driver’s License Access and Privacy Act, otherwise referred to as the “Green Light Law,” which allows New Yorkers to apply for a driver’s license regardless of immigration status. The law took effect in 2019, and undocumented New Yorkers turned out in large numbers to get learners permits and driver’s licenses. Proponents of the legislation said the law would improve road safety and help the economy, while opponents said it was an unwarranted privilege that rewards and encourages illegal immigration.

The lawsuit filed by the Trump administration in federal court alleges that New York is obstructing the federal government from addressing illegal immigration through the existence of its Green Light Law. The New York law limits the information the state voluntarily provides to federal immigration agencies and requires the state to alert licensees when their data is requested.

But longstanding U.S. Supreme Court precedent establishes that it is unconstitutional for the federal government to commandeer states to enforce federal laws, and immigration law is federal law. To that end, New York has responded that the Green Light Law is a valid exercise of the state’s traditional police powers and that the decision to protect personal information does not violate any provision of federal law or obstruct enforcement of immigration laws. Numerous jurisdictions choose not to divert local resources to carrying out federal immigration operations for a host of reasons, including focusing personnel and funding on local priorities.

Our state laws, including the Green Light law, protect the rights of all New Yorkers and keep our communities safe. I am prepared to defend our laws, just as I always have. Attorney General Letitia James