New York state officials filed a federal lawsuit against the Trump administration today, according to NBC News reports. In it, the plaintiff (State of New York) calls the federal government's present suspension of New Yorkers' ability to enroll or re-enroll in Global Entry, as well as other federal Trusted Traveler Programs, unlawful, unconstitutional and blatantly discriminatory.
The suit represents the state government's direct response to the Department of Homeland Security (DHS) newly enacted suspension placed on applications from New York for enrollment and re-enrollment in federal Trusted Traveler Programs.
The DHS action, imposed on February 6, 2020, bars 80,000 New Yorkers whose applications are currently pending from receiving clearance; and will deny re-enrollment to some 175,000 residents whose existing Global Entry memberships are set to expire this year. Other federal Trusted Traveler Programs, including FAST, SENTRI and NEXUS, are also affected.
The suit seeks a court order that declares the DHS' ban unconstitutional, arguing that New York has been singled out by the Trump administration in an act of political retribution, unfairly and unlawfully.
State officials say that the ban is retaliatory move in response to New York's enactment of the so-called 'Green Light Law' last year, which declared New York a sanctuary state as a response to federal deportation initiatives. The new suspension edict did, indeed, come down immediately following Donald Trump's State of the Union address, in which he specifically criticized "New York's sanctuary policies".
State Attorney General Letitia James called the ban, "a full-on attack on New York's rights as a sovereign state," saying that the president is, "punishing New York for passing its own laws. She continued, "No one should ever use our nation's security as a political weapon, let alone the commander in chief," and asserted in a statement that, "while the president may want to punish New York for standing up to his xenophobic policies, we will not back down."
The suit points out that, "The creation of 'a single system for speeding qualified travelers' was a key recommendation of the National Commission on Terrorist Attacks Upon the United States (the '9/11 Commission') and posits that, "consequences will ripple throughout the state. Congested lines at New York's airports and border crossings will strain resources at the border and undermine safety for all travelers. New York's economy will suffer as wait times at border crossings increases, employers doing global business are placed at a competitive disadvantage, and residents who rely on cross-border travel lose access to these programs."
Acting Homeland Security chief, Chad Wolf confirmed that the suspension was imposed because of the Green Light Law, which enables New York residents to apply for non-commercial driver's licenses, regardless of their United States citizenship or legal status. It also denies access to information in the New York's Department of Motor Vehicles database to DHS agencies Immigration and Customs Enforcement (ICE), and Customs and Border Patrol (CBP), without a court order or judicial warrant.
Wolf claimed in a tweet that CBP needs access to state DMV records in order to vet Trusted Traveler applicants, but New York Governor Andrew Cuomo said that Homeland Security doesn't need to see state motor vehicle records in order to evaluate applicants for these programs.
The suit points out that Trusted Traveler applicants must, "hold valid, machine-readable passports, lawful permanent resident cards, 'or other appropriate travel document[s]'," and maintain status as U.S. citizens, nationals, lawful permanent residents, or citizens of a partner country. Eligibility, it says, does not hinge upon an applicant's driving history or possession of a driver's license.
Governor Cuomo referred to the federal action as, "an abuse of power. It's extortion. It is hurting New Yorkers to advance their political agenda and we're going to fight back."
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