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New York’s Green Light Law: Allowing Undocumented Immigrants to Legally Drive

New York state passed the Green Light law in 2019, which allows undocumented immigrants to apply for driver’s licenses. This law has been controversial, but it provides important benefits for road safety and the economy. Here is an overview of the law and what it means for New York residents.

What is the Green Light Law?

The Green Light law, officially called the Driver’s License Access and Privacy Act, allows all New York residents over age 16 to apply for a standard driver’s license, regardless of their immigration status. Previously, undocumented immigrants were not eligible to get a license in New York.The law was passed by the New York legislature and signed by Governor Andrew Cuomo in June 2019. It went into effect in December 2019. Under the law, the New York Department of Motor Vehicles (DMV) cannot ask license applicants about their immigration status.

Why Was the Law Passed?

Advocates had pushed for over a decade to allow undocumented immigrants to get driver’s licenses in New York. They argued it would:

• Improve public safety by ensuring all drivers are licensed and insured
• Allow undocumented immigrants to fully participate in daily life
• Prevent deportations that could occur during minor traffic stops
• Boost the economy as more drivers buy cars and insurance

Proponents said the law was a matter of fairness and public safety, not immigration policy. Prior to the law, an estimated 265,000 undocumented immigrants were driving unlicensed in New York.

What Does the Law Do?

The Green Light law achieves a few key changes:

• Allows undocumented immigrants to apply for standard NY driver’s licenses
• Prohibits the DMV from releasing data to immigration authorities without a court order
• Does not allow licenses to be used for federal purposes like boarding a plane

The law provides protections for applicants’ privacy. The DMV cannot retain documents submitted for licenses, or share data with agencies like ICE and CBP.

Who Can Get a License Under Green Light?

Any New York resident over 16 can apply for a standard license, regardless of immigration status. Applicants still must pass a written exam and road test.The Green Light law does not apply to other types of NY licenses, like commercial driver’s licenses or enhanced licenses (used as ID at borders). Only standard licenses are available to undocumented immigrants.There is no special “Green Light license.” The standard licenses look the same as before. They are marked “Not for Federal Purposes.”

Applying for a License Under Green Light

To get a standard license under Green Light, applicants must provide documents to prove their name, date of birth, and New York residency.Acceptable documents include:

• Foreign passport
• Consular ID card
• Foreign birth certificate
• Foreign driver’s license
• Municipal ID card

Applicants must also sign an affidavit saying they have never been issued a Social Security number.

Concerns and Controversy Over the Law

The Green Light law has faced lawsuits and criticism. Opponents make several arguments:

• Giving licenses to undocumented immigrants rewards illegal immigration
• It could lead to voter fraud or other identity theft (though licenses state they are “not for federal purposes”)
• DMV should share data with immigration authorities to enforce laws

However, federal courts have upheld the law as a valid exercise of New York’s authority over driver’s licensing. Lawsuits continue in appeals courts.In 2020, the federal government banned New Yorkers from Global Entry trusted traveler programs, claiming Green Light blocked access to DMV data needed to vet applicants. New York then amended the law to allow data sharing for trusted traveler programs.

Benefits of Green Light Law

Despite controversy, the Green Light law provides many benefits for undocumented immigrants, other New Yorkers, and the state overall:

1. Safer roads

• Ensures all drivers are licensed, tested, and insured
• May reduce hit-and-run accidents since unlicensed drivers will not flee crash scenes
• Led to over 50,000 new licensed drivers who passed road tests

2. Economic growth

• Creates new auto sales and insurance policies as undocumented immigrants buy cars
• Allows employees to legally drive to work and keep jobs
• Estimated to add $57 million in annual tax revenue for New York

3. Improved daily life

• Allows undocumented immigrants to drive legally to school, work, hospitals, etc without fear
• Prevent deportations from minor traffic violations and unlicensed driving
• Provides ID to open bank accounts, rent apartments, etc

4. Privacy protections

• Limits data sharing with immigration agencies, protecting against deportation
• Does not retain documents so they cannot be misused

While it has drawbacks, the Green Light law achieved the goal of allowing all New Yorkers to legally drive and participate in society. Over time, any implementation issues with Green Light can be improved. But it represents an important step forward for immigrant rights.

The Future of Green Light

The Green Light law made New York the 13th state to allow undocumented immigrant driver’s licenses. More states may soon follow.In 2021, advocates are pushing for New Jersey, Connecticut, and other states to pass similar laws. With a new federal administration under President Biden, more states are considering licensing reforms.However, some states are going the opposite direction. Iowa recently passed a law banning undocumented immigrants from getting licenses. As with many immigration issues, driver’s licenses remain politically divisive.For now, New York’s Green Light law stands as one of the most progressive moves by any state to integrate undocumented immigrants. It provides a model that other states may replicate, despite legal and political hurdles.The coming years will determine if more states join New York in allowing all residents to legally drive, regardless of immigration status. But the Empire State took a major step with the visionary Green Light law.