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Civil Rights Groups Demand Dismissal of DOJ’s Lawsuit Against New York
Amicus Filed in NY Federal District Court Defending New York’s Green Light Law
New York, NY – A coalition of national Latino and civil rights organizations has filed an amicus curiae (friend of the court) brief in the United States District Court for the Northern District of New York in support of the State of New York’s motion seeking dismissal of The United States of America v. State of New York et al., lawsuit brought by the U.S. Department of Justice challenging New York’s 2019 Green Light Law. The defendants in the case include New York Governor Kathy Hochul, Attorney General Letitia James, and Department of Motor Vehicles (DMV) Commissioner Mark Schroeder.
The amicus brief by LatinoJustice PRLDEF, Hispanic Federation, the New York Immigration Coalition (NYIC), Rural & Migrant Ministry, and Make the Road New York (MTRNY) contends that DOJ’s lawsuit seeks to undermine New York’s authority to protect its residents’ privacy and ensure access to driver’s licenses regardless of immigration status. The amicus also contends that the remedy sought by plaintiff Department of Justice seeks to turn the standard driver’s license application or renewal process which is immigration- and citizenship-agnostic into one with clear immigration consequences—something that was never intended under the law.
New York’s Green Light Law allows all state residents, regardless of immigration status, to obtain a standard driver’s license. It also limits access to DMV data without a warrant. Plaintiff claims the law unlawfully requires DMV staff to “tip off” undocumented immigrants when Immigration and Customs Enforcement (ICE) makes an inquiry about them.
The amicus brief contends that requiring immigration enforcement agencies to obtain a court order or warrant before accessing DMV records is essential to protecting individual privacy. It also mentions that stripping standard license-holders of protections guaranteed to them under the Green Light Law undermines their reasonable expectation at the time that they applied that their data would not be needlessly disclosed. The brief asks the court to reject the plaintiff’s attempt to strike down the law and instead dismiss the complaint entirely.
The Green Light Law assures standard license-holders that:
- Application forms do not ask about citizenship or immigration status.
- A driver’s license is not evidence of immigration or citizenship status.
- License-holders must be notified within three days if their information is requested by federal authorities.
It is estimated that 750,000 immigrants in New York are eligible to apply for driver’s licenses under this law.
“This lawsuit is nothing more than a blatant attempt to weaponize the Department of Justice to punish New York for enacting policies that protect its residents, said Lourdes M. Rosado, President and General Counsel, LatinoJustice PRLEF. “Stripping away the Green Light Law’s privacy protections is a direct attack on our state’s right to govern and another tactic by this administration to target our immigrant community. The court must reject this politically motivated overreach and dismiss this case in its entirety.”
“At its core, New York’s Greenlight Law is about making sure that our roads are safe and accessible to individuals who have gone through the process of getting a license. Unfortunately, the DOJ’s lawsuit seeks to weaponize the data of people who drive legally in New York and would bring us back to a time when people had to navigate transportation barriers to employment, such as lack of public transit,” said Frankie Miranda, President and CEO of Hispanic Federation. “At a time when New Yorker’s are feeling the financial pinch, we should be opening the roads of prosperity, not closing them down for the sake of trying to gain political favor.”
“Trump’s Department of Justice is attacking the rule of law across the country. The baseless lawsuit brought against New York’s Green Light Law is no different,” said Murad Awawdeh, President & CEO, the New York Immigration Coalition. “Green Light ensures the safety of everyone on our roadways, by requiring that every New Yorker goes through the same process to earn a driver’s license – including taking a pre-licensing or driver education course and passing a road test. New York’s Green Light Law is an essential public safety measure, allowing for a greater degree of accountability and protection of every New Yorker using our shared roadways. The DOJ’s lawsuit undermines New York State’s ability to protect every New Yorker’s privacy and safety and should be immediately dismissed.
“We applaud the Attorney General’s defense of New York’s Greenlight laws—which continues the state’s traditional role in regulating who can obtain a driver’s license,” said Harold Solis, Co-Legal Director, Make the Road New York. “Contrary to the Trump administration’s allegations, states have long held the power to set rules to govern the safety of its roads and those who drive on them. The administration’s lawsuit simply is another attempt to instill fear in the immigrant community.”
“The Green Light Law has transformed the lives of the migrant rural community,” said Juana Cortes de Torres, Director, Rural & Migrant Ministry’s Immigrant Legal Rights Project. “The law has allowed individuals to take their children to school, provided them access to healthcare, enabled them to shop for food and other necessities, and made it possible for them to drive to jobs performing essential work throughout New York State. The Green Light Law has allowed this community to educate themselves on the rules of road, which in turn has a direct correlation to safer roadways and has increased the feasibility of obtaining automobile insurance as required by law. For young rural drivers, it has fulfilled a need caused by a lack of public transportation, allowing them access to higher education. Importantly, the law has permitted all migrant individuals to obtain government-issued identification, which is critical in obtaining other public and private services.”
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About LatinoJustice
LatinoJustice PRLDEF works to create a more just society by using and challenging the rule of law to secure transformative, equitable and accessible justice, by empowering our community and by fostering leadership through advocacy and education. For over 50 years, LatinoJustice PRLDEF has acted as an advocate against injustices throughout the country. To learn more about LatinoJustice, visit www.LatinoJustice.org
About Hispanic Federation
Hispanic Federation (HF) is a nonprofit membership and advocacy organization, founded in 1990, committed to empowering and advancing the Hispanic community, with a focus on low-income, marginalized, and immigrant Latinos. With programs in 43 states, Puerto Rico, the U.S. Virgin Islands, and the District of Columbia, HF’s focus areas include immigration, economic empowerment, civic engagement, disaster relief, philanthropy, education, health, and the environment. HF also maintains ongoing public education campaigns and meets the organizational development needs of its member agencies through grant-making and capacity-building assistance.
