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DOJ Sues New York Over Sanctuary Policies

posted 1 month ago

On the 12th of February, US Attorney General Pam Bondi announced that the Department of Justice was suing the state of New York over its Green Light Law, which limits cooperation between the state and federal immigration enforcement agents. New York Governor Kathy Hochul, the state’s Attorney General Letitia James and the Department of Motor Vehicles (DMV) Chief Mark Schroeder found themselves in the DOJ new secretary’s crosshairs after being named codefendants in the civil suit.

The announcement came a week after the DOJ requested a federal judge to strike down sanctuary policies in Illinois and Chicago. According to the Justice Department, sanctuary policies frustrate the federal government’s efforts to enforce immigration laws and discriminate against federal immigration enforcement agents by allowing local and state officials to withhold information about immigrants.

“This is a new DOJ. New York has chosen to prioritise illegal aliens over American citizens. It stops. It stops today,” Bondi said at a press conference in DC.

New York Green Light Law Controversy

The DOJ lawsuit was filed in the District Court of the Nothern District of New York. It targets the state’s Green Light Law (The Driver’s License Access and Privacy Act), which grants driver’s licences to undocumented immigrants. The law was enacted in 2019 after the state legislature amended the Vehicles and Traffic Law to include a provision called the “Green Light Law”.

The law generally bars sharing the state’s DMV information, including vehicle registration, identification photos and addresses, with federal immigration enforcement agencies. It also requires the NY DMV commissioner to promptly tip off any undocumented immigrant when a federal immigration agency requests their information. According to the law, federal immigration authorities must acquire a court order to access the New York DMV record.

The DOJ argues that these New York sanctuary policies were passed to directly impair the enforcement of federal immigration laws in the state. In their complaint, Bondi’s team argued that DMV information is crucial to federal immigration agencies, especially when it comes to identifying and removing immigrants who are in the US illegally.

The DOJ has also argued that DMV information is critical to helping keep federal immigration officers safe. From border crossing to vehicle stops and executing searches and arrests, immigration officers depend on DMV records to assess real-time situations with people they encounter. The complaint highlighted that when the New York Green Light Law deprives federal law enforcement agents of the insight provided by the state’s DMV records, they are exposed to potentially dangerous and uncertain circumstances.

Responses from New York Governor and the State AG

A statement by Hochul’s spokesperson, Avi Small, said the governor has been clear from the onset that she supports deporting violent criminals who break the laws and believes that law-abiding New Yorkers should not be targeted. The statement expressed that Hochul’s administration will coordinate with the federal immigration agencies that have judicial warrants.

The state AG responded in an email statement saying New York state laws, including the Green Light Law, protect all New Yorkers’ rights and keep their communities safe. “I am prepared to defend our laws, just as I always have,” James wrote.

Bondi is Doing Trump’s Bidding

The DOJ’s new secretary has a long history with President Trump. During his first administration, Bondi served as White House counsel, defending Trump during his first impeachment trial. She was tapped by Trump in November 2024 to be the country’s top lawyer.

Mass deportations were part of President Trump’s campaign, which is why aggressive immigration raids and detainments have marked his first few weeks in office. The DOJ lawsuit against New York, along with a similar suit in Illinois, are meant to mount pressure on immigration-friendly states as Trump’s administration seeks to fulfill the mass deportation campaign vows.

On her first day in office, Bondi froze all DOJ funding to “sanctuary jurisdictions”, such as California and New York, for 60 days. According to the Centre for Immigration Studies, New York City received more than $1.56 billion in law enforcement grants from the DOJ in 2023. Additionally, municipal Data show that the Justice Department was expected to issue more than $8 billion in enforcement funding to city agencies in the fiscal year 2025.

However, Bondi ordered the department not to enter new contracts or agreements to provide federal funding to non-government organisations supporting undocumented immigrants. In a different department, border czar Tom Homan is ramping up immigration removal proceedings nationwide, starting with 11,000 migrants targeted for having been convicted or charged with crimes.

The DoJ New Secretary’s Moves Face Opposition

Murad Awawdeh, CEO and President of the New York Immigration Coalition, calls the DOJ lawsuit “an affront to the 10th Amendment, which allows states to make and enforce their laws”.

Awawdeh wrote: “It might work when Trump bullies Mayor Eric Adam, but he has a much poorer track record against fighters for the public good like our New York Attorney General James, who has overwhelmingly defeated Trump’s previous attacks on New York.”

The New York Civil Liberties Union (NYCLU) also condemned the lawsuit by the DOJ against New York. The Union affirmed that state officials are under no obligation to offer resources to enable the federal government’s destructive and cruel deportation plans.

“This filing is another Trump administration attempt to shamelessly weaponise the DOJ to intimidate political opponents and exert improper political pressure. It seeks to punish states for enacting policies with which it disagrees. AG Bondi should know, but more likely doesn’t care that the purported charges represent a gross intrusion into New York’s constitutional right to legislate in areas traditionally within its concern,” Molly Biklen, Director of NYCLU, wrote in a statement.

Is It Just New York Being Sued?

Congressional Republicans in blue states have always advocated for the abolition of state sanctuary policies. When Trump returned to the White House, the first bill he signed into law was the Laken Riley Act, which chipped away at states’ powers by forcing them to deport migrants charged with crimes.

Trump also signed an executive order tasking the AG and the DOJ with reviewing local and state sanctuary policies, revoking federal funding and imposing criminal and civil penalties on persons not cooperating with federal immigration authorities.

Bondi said her office had already brought legal action against Illinois over sanctuary city policies. Last week, the DOJ sued Chicago Mayor Brandon Johnson and Governor JB Pritzker over local and state sanctuary laws. In a statement, Mayor Johnson said that his city would continue to welcome everyone.

“We did it in Illinois. Strike one. Strike two is New York, and if you are a state not complying with federal law? You are next,” Bondi said at the DC press conference.

Source:

New York Post

References:

Centre for Immigration Studies

New York City Comptroller

Further Reading:

ACLU Takes on Trump: Legal Battle of Asylum Rights At The Border!

Trump Scored Major Win: Case Dropped!

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