New York Can Keep Giving Driver’s Licenses to Immigrants, Judge Rules

Green Light Law Survives Constitutional Challenge

New York just won a major fight with the Trump administration over who gets to drive.

A federal judge dismissed a lawsuit that tried to strike down the state’s Green Light Law, which lets people get driver’s licenses without proving they’re in the country legally.

The decision preserves privacy protections that keep immigration agents from accessing motor vehicle records.

But the legal battle over immigrant licenses is far from over, and what happens next could affect millions of people across the country.

Judge Says DOJ Failed to Prove Its Case

U.S. District Judge Anne M. Nardacci in Albany ruled on December 23, 2025, that the Trump administration failed to support its claims that the state law usurps federal law or unlawfully discriminates against the federal government.

Nardacci stressed in her 23-page ruling that her job was not to evaluate the policy itself, just whether the plaintiffs proved it violates the Supremacy Clause.

She found the government did not meet that standard.

AG Bondi Called It Unconstitutional

The Justice Department filed its lawsuit in February 2025, challenging the constitutionality of the state law by claiming it violates the Constitution’s Supremacy Clause, which states federal laws take precedence over state laws.

Attorney General Pam Bondi alleged that Governor Kathy Hochul and Attorney General Letitia James were prioritizing immigrants over American citizens.

The lawsuit sought to strike down the law as a “frontal assault on the federal immigration laws.”

What the Green Light Law Does

The Driver’s License Access and Privacy Act, enacted on June 17, 2019, and effective December 16, 2019, allows all New Yorkers age 16 and older to apply for a standard, non-commercial driver license regardless of their citizenship or lawful status.

People who don’t have a valid Social Security number can submit alternative forms of ID that include valid passports and driver’s licenses issued in other countries.

Applicants must still pass a written test and road test like everyone else.

ICE Cannot Access Records Without a Warrant

The law doesn’t just hand out licenses.

It also blocks immigration agencies from seeing driver data. The Justice Department challenged provisions preventing the DMV from disclosing records to any agency that primarily enforces immigration law without a court order or judicial warrant.

Judge Nardacci wrote that the information “remains available to federal immigration authorities” through a lawful court order or judicial warrant.

80,000 Applications Each Year

New York’s DMV now processes roughly 80,000 applications a year from residents without legal status.

Many are spouses and dependents of employment-based visa holders who have fallen out of status because of processing backlogs.

One month after the law took effect in 2019, more than 50,000 people had already received licenses under the new rules.

19 States Issue Similar Licenses

New York is not alone in letting people drive without proving legal status.

19 states and the District of Columbia permit residents without legal status to obtain driver’s licenses, according to the National Conference of State Legislatures.

These include California, Colorado, Connecticut, Illinois, Maryland, Massachusetts, New Jersey, and Virginia.

The licenses are typically marked “Not for Federal Purposes”.

New York Stands Alone on Data Protections

While other states issue licenses regardless of immigration status, New York is the only one that blocks federal immigration agencies from accessing its DMV database.

According to the Department of Homeland Security, New York is the only state that restricts Customs and Border Protection access to their data across the board.

That distinction made it a prime target for the administration’s lawsuit.

Trump Tried This Fight Before in 2020

This is not the first time the administration went after New York over the Green Light Law.

In February 2020, Acting Homeland Security Secretary Chad Wolf announced New Yorkers were no longer eligible to enroll or re-enroll in Global Entry and other Trusted Traveler Programs.

On July 23, 2020, after New York amended its law to allow federal agencies access to state records of trusted traveler applicants, the Department of Homeland Security reopened the programs.

Border Patrol Says the Law Puts Agents at Risk

The Green Light Law came under renewed scrutiny following a fatal shootout in Vermont in January 2025 that left a U.S. Border Patrol agent dead during a traffic stop.

“What the Green Light Law does is that it prevents law enforcement agents from getting any type of information in regards to any registrations that the state has,” said Hector Garza, vice president of the National Border Patrol Council.

He said agents typically run registration checks before traffic stops to see if someone has warrants.

Letitia James Celebrates the Win

Attorney General Letitia James said in a statement after the ruling, “As I said from the start, our laws protect the rights of all New Yorkers and keep our communities safe. I will always stand up for New Yorkers and the rule of law.”

This isn’t the first time the Green Light Law has faced legal challenges.

Immediately after its passage in 2019, it was challenged by two county clerks, and the AG’s office won both cases.

What Happens Next

The Justice Department has not announced whether it will appeal the decision.

Legal experts believe reversal is unlikely given existing appellate precedent from the Second Circuit Court of Appeals, which already ruled on a similar challenge.

For now, the law remains in effect, and New York continues processing license applications for anyone who can prove their identity and pass the driving tests, regardless of immigration status.

This article was created with AI assistance and human editing.

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