New Yorkers can no longer enroll in Trusted Traveler security programs such as Global Entry as President Donald Trump's administration pushes back against the state's progressive immigration policies.
In a letter sent to the state Department of Motor Vehicles Wednesday, federal Department of Homeland Security Acting Secretary Chad Wolf blamed the state's new Green Light act, which allows undocumented immigrants to obtain driver's licenses, as the reason to revoke the entire state's access to the Customs and Border Protection's Trusted Traveler Programs. The security clearances allow approved participants faster passage through security at airports and border checks.
"Because the Act prevents DHS from accessing New York DMV records in order to determine whether a TTP applicant or re-applicant meets program eligibility requirements, New York residents will no longer be eligible to enroll or re-enroll in CBP's Trusted Traveler Programs," Wolf's letter said.
Under the Green Light law, the New York Department of Motor Vehicles can issue standard learner's permits or driver’s licenses to all New Yorkers over the age of 16, including undocumented immigrants who will be able to operate vehicles legally and have a form of official ID. Twelve other states and the District of Columbia have similar laws.
New York's Green Light law went into effect December 16th.
"This is obviously political retaliation by the federal government and we're going to review our legal options," Governor Andrew Cuomo's Senior Advisor Rich Azzopardi said in a statement to Gothamist Thursday.
The change in DHS policy does not appear to affect New Yorkers already in enrolled in Global Entry or the three other Trusted Traveler programs - NEXUS, SENTRI and FAST. Wolf's letter also does not mention the TSA Pre-Check program, another pre-security clearance program for airline passengers.
Wolf said the new Green Light act prevents DHS from accessing "relevant information that only New York DMV maintains, including some aspects of an individual's criminal history." He added that ICE depends on DMV data for its investigations -- "In New York alone, last year ICE arrested 149 child predators, identified or rescued 105 victims of exploitation and human trafficking, arrested 230 gang members, and seized 6,487 pounds of illegal narcotics, including fentanyl and opioids," he wrote. "In the vast majority of these cases, ICE relied on New York DMV records to fulfill its mission."
ICE also needs the DMV "to safeguard Americans' financial and intellectual property rights," Wolf wrote, with the DMV's treasure trove of information about the addresses, date of birth, height, weight, age, eye and hair color, license and vehicles registrations of New Yorkers -- including all of our driver's license photographs.
Critics point out that Americans need to show proof of legal status such as a passport or green card to enroll in the Trusted Traveler programs, so this attempt to target undocumented immigrants is misguided.
John Sandweg, who was the former acting ICE Director in the Obama administration, told CNN this policy change was "politicizing a program that's not about politics... This is just irrational in the sense that sanctuary policies in no way shape or form affect DHS' ability to vet people for global entry and other trusted traveler programs," he said on CNN.
The federal government has recently escalated its legal battle with New York City over its sanctuary city status. The federal Immigration and Customs Enforcement agency filed a motion Monday with a federal court to force the city to respond to subpoenas seeking more information about two undocumented immigrants arrested in separate criminal cases. New York City agencies do not share information or transfer custody of suspects to ICE until conviction, and only then in cases of serious or violent offenses.