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Rural & Migrant Ministry is thrilled to share a victory for the rights of the immigrant community in rural New York, after a lawsuit challenging the Green Light Law was dismissed yesterday in federal court. RMM was a leader in the campaign to pass the law in 2019, allowing undocumented immigrants the ability to obtain standard drivers licenses in New York State. RMM had joined a national coalition of Latino and civil rights organizations in filing an amicus curiae brief (friend of the court) to defend the Green Light Law.
The brief, filed in the United States District Court for the Northern District of New York, sought the dismissal of The United States of America v. State of New York et al. This lawsuit was brought by the U.S. Department of Justice, and attempted to strike down the Green Light Law.
As plaintiff, the government argued that the law's limitation on data sharing would thwart federal immigration enforcement. However, in its decision yesterday, the court found that the “plaintiff had failed to plausibly allege that any challenged provision of the Green Light Law unlawfully discriminates against the federal government.”
The farmworking families of rural New York can now breathe easier for a moment, knowing that they are safe from undue harassment from the federal government. Instead, they can focus in this holiday season on their families and their own well-being.
Given the lack of public transportation in rural New York, there is a tremendous need to be able to drive to get to school, work and medical appointments. The decision handed down from the court protects these vital members of our community and strengthens our economy.
Rural & Migrant Ministry applauds the decision of the court, and is proud to stand alongside Latino Justice, New York Immigration Coalition, Hispanic Federation and Make the Road New York in support of the Governor and the State of New York; we applaud their courage in the face of a misguided attempt to separate rural families.
Some 750,000 immigrants in New York are eligible to apply for driver’s licenses under this law, which ensures the following:
• That application forms do not ask about citizenship or immigration status
• That a driver’s license is not evidence of immigration or citizenship status
• And that license-holders must be notified within three days if their information is requested by federal authorities.
In its argument to strike down the law, the DOJ claimed the law illegally requires DMV staff to warn undocumented immigrants when Immigration and Customs Enforcement (ICE) makes an inquiry about them.
The remedy sought by the DOJ’s lawsuit would have turned the standard license application or renewal process into one with clear immigration consequences — something that was never intended under the law.
RMM argued that the DOJ’s lawsuit undermines the state’s authority to protect New Yorkers’ privacy and ensure access to driver’s licenses regardless of immigration status.
“Undocumented drivers throughout New York State can rest assured that the intent of the Green Light Law remains intact as it relates to the privacy protections declared in the law,” said Juana Cortes de Torres, Esq., the Director of RMM's Immigrant Legal Rights Project. “License holders will be able to drive to work, to school, and to proceed with their day-to-day activities, knowing that their privacy will be protected.”
Executive Director Richard Witt said, “The Trump Administration sought access to thousands of license holders to gain their personal information, with the intent of going after and removing them. This is a tremendous victory that protects the privacy of thousands and puts a brake upon oppression.”
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