In December New York State law began allowing undocumented immigrants to get drivers licenses and stopped sharing applicant information with immigration enforcement agencies.
In Early February the Trump Administration announced that because of this law, New York residents would no longer be allowed to enroll in or renew Global Entry. They claimed they needed access to New York’s DMV database as part of their identity verification process.
A federal court in New York has now certified a class action lawsuit representing New Yorkers denied Global Entry and similar programs. (HT: JonNYC)
Eighty-thousand applications to enroll or reenroll in the travel programs were immediately voided by the suspension, according to the class. They also claim that 175,000 state residents already vetted and approved for the programs will have their memberships lapse by 2020.
But the number of people affected will grow as more individuals move into the state, they said.
Copyright: andreyuu / 123RF Stock Photo
There are reasons to believe that the policy is unnecessary, and a political stunt.
- For two months since the law’s passage, the Department of Homeland Security was able to successfully process Global Entry applications from New Yorkers. The federal government already has a database of crimes to mine for background checks.
- New York isn’t the only state with a similar law. and other Trusted Traveler programs (such as TSA PreCheck) remained open to New Yorkers even with this law in place. PreCheck requires validating identification and performing a background check.
- The policy change was announced by the Trump administration on Fox News before even telling the agency responsible for carrying it out
It ultimately may not matter that the policy was pursued as a political stunt, or as retribution. The courts give the Executive Branch great latitude in immigration and national security matters, and having an on-face plausible reason for pursuing a policy may serve as sufficient justification. Differential treatment of similarly-situated states, though, could be a stronger argument than that individual rights were harmed at least in the eyes of the courts.
And during the current pandemic and its aftermath the public is likely to give greater deference to authorities looking to do greater vetting of people entering the U.S., even if that vetting has nothing whatsoever to do with protecting people against a virus.
Whether the lawsuit works out or not, the policy might be reversed after the November election if the party in power changes and one reader managed to get Global Entry just by changing his address to another state.
@Gary Leff
“undocumented immigrants”
The legal term for the people you’re referring to is “illegal immigrants”. Meaning people who broke the law when they immigrated to this country.
For the record, I identify as a *legal* immigrant. And I’m mad at those who chose not to respect the law like I did and at those like you, Gary, who are working hard to hide or to ignore that fact.
New York can’t have it both ways. If illegals can get a drivers license then the whole system will be compromised. Only a fool would believe that the bad guys won’t figure this out. Terrorists will find the weak spots and use it to their advantage.
Im sure if the Trump administration tipped off CNN first, they would’ve dedicated a whole week of shows how “racist” this policy is.
You want GlobalEntry in NY? Stop letting illegals have safe haven from federal law?
@Alan The various security agencies (FBI, NSA, CIA etc…) already have considerably more information than what is contained in any DMV database (or every DMV database combined) – to think otherwise is just naive and possibly even a little insulting to the agencies charged with keeping us safe.
As Chief Justice Roberts once put it, “elections have consequences”. If New Yorkers feel obliged to elect officials who will flout or impede Federal law and guidlines by giving driving licenses to illegal immigrants, then, if they don’t like the consequences, too bad.
“But what about States rights?”
Can’t see how “illegals” can even apply for Global Entry as it requires a valid US, Canadian, Dutch or UK passport which few of the type of “illegal” Trump cares about.
194 days left in power – enjoy the time you have left, MAGA trolls!
I think you miscalculated…..he probably has 1654 days left in power…..enjoy that.
I had just applied for it and paid the $100 before that order came out and they never refunded the money.
I support our president and wish he would expand this (via DHS) to every other state in the same situation
Four more Years
Nice try Gary pumping that left wing nut job agenda
MAGA
This New Yorker says the only way to Make America Great Again is by voting out Potus in November. I hope my fellow frequent flyers on the other side of the aisle WAKE UP and see what he’s doing.
Geez.
Gary Leff is part of the liberal mainstream media.
Fakenewsfromthewing.com
Yes all you xenophobes…
Enjoy your MAGA with a side of COVID as you go to the movies this weekend.
Any country without open borders are xenophobic
The principal of this blog is a self-proclaimed libertarian who has been a traditional Republican supporter of sort. I would say he was way more a fan of Reagan than a supporter of Clinton or Obama or Biden.
The idea of Gary Leff being left wing or part of the mythical “liberal mainstream media” is an idea with as much merit as that about the earth being flat.
On topic – this is a direct result of the choices that NY’ers made at the polls; but how do you just change addresses on this without evidence of an address change. Does GOES really just take what you say as evidence?
Back to off topic: I don’t know the principal but he vantage point is often from the liberal perspective, just sayin
The only way to fix what 44 broke is another 4 more years of MAGA
for the lefties on here, go ahead and keep letting the criminals out of jail and arresting moms for pushing their kid on a swing and dads playing T-ball with their daughter in a field. Nothing says lefty like this does.
My goodness have the comments quickly descended into political commentary on immigration. Just for some grounding: if you have EVER brought food into the country without declaring it, you broke federal law. Use a fake ID to drink under age? Yup, federal law-breaker. Crossed state lines with a six-pack while headed to the beach/ cabin for vacation? Look, virtually everyone in the US has broken federal law at some point, so getting on a high-horse about people who broke federal law needs some further understanding that some of us feel that illegally entering the country to work is a horrible crime and others of us feel that it is up there with bringing your cookie from the airplane through customs without declaring it. Peace.
The level of ignorance that the MAGA trolls are bringing to this blog is sadly increasing…Gary I don’t know what you are doing that is attracting them, vs. just them just staying on their Alt Right deep web sites.
Citizenship(natural born US) has not changed since receiving TTP. TSA has my US Passport(still current), US birth certificate,NYS drivers licence as well as fingerprints on file. Therefore there should not be a problem with RENEWING. However according to this administration my status is in doubt as they cannot access the DMV. Just curious what/where did they file all my info?
What isn’t mentioned widely is that NY State offered to make DMV records available to CBP for those who apply for Global Entry. That is the way California does it and CBP did not shut down GE for California residents. The State Department said that wasn’t good enough.
Political stunt, retribution, use whatever term you want, but the bottom line is that everything Trump says is a self-serving lie and once you understand that everything becomes clear.
@Andrew – the lies are bad, the open hiring of racists & bigots (see today’s news about new HHS “spokesman” Michael Caputo) are even worse.
Of course, the MAGA trolls will just say “MSM! snowflakes! lefty libs!” without having any, you know, critical thinking or rationale or such.
Are you aware that New York City wants to fine people up to $250,000 for using the term “illegal alien?” The term “undocumented immigrant” is a political obfuscation of the reality that said people have done something illegal.
https://www.cnn.com/2019/10/01/us/nyc-illegal-alien-discrimination-guidance/index.html
Should de Blasio and Barbot’s lies that people need not wear masks be charged as manslaughter? Wearing masks and practicing proper hygiene might have prevented an American Wuhan.
I’m with Andy 11235.
It’s ironic that people who really care about the “legality” of immigrants tend to be those who demand small governments, particularly small federal government. Compared to a lot of common-sense laws directly impacting health, safety, and wealth, immigration laws are quite arbitrary – it does not affect any American on the personal level unless you want to get a friend/loved one/worker settled, or if you just hate seeing immigrants.
Supporters of tougher immigration regulations stick with either the circular logic “it’s the law and you should obey it” argument or a variety of us vs. them rhetoric.