Federal Immigration and Customs Cannot Access Immigrant’s DMV Records Without Court Order

local state law enforcement police checking immigrant's driver’s licenses and DMV Records for id of immigration status

On November 30, 2020, the Second Circuit Court of Appeals upheld the Rochester Judge’s decision to the lawsuit that sought to repeal the Driver’s License Access and Privacy Act, which allows immigrants without documents to apply and receive driver’s license. The state of New York, as of December 16, 2020, allowed undocumented immigrants to receive driver’s licenses from the Department of Motor Vehicles (DMV). This Act, nicknamed “Green Light law,” prevents federal immigration and customs from having access to any immigrant’s DMV records.

Federal Immigration and Customs Access to Immigrant’s DMV Records

Republican Erie County Clerk Michael Kearns filed a lawsuit against Governor Andrew Cuomo, State Attorney General Letitia James, and New York’s DMV Commissioner Mark Schroeder on grounds that he could be prosecuted under federal immigration law for performing certain duties under the Green Light law, which shields the