AG James Files Lawsuit Against Trump Administration

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Albany, NY (WBEN) State Attorney General Tish James has formally sued the Trump administration over Homeland Security's decision to block New Yorkers from participating in the trusted travelers program.

The suit — specifically filed against the U.S. Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), and the two agencies’ acting-leaders — argues that the policy change was made as a result of an arbitrary process that poses a threat to New Yorkers’ safety and the state’s economy, directly harms hundreds of thousands of individual residents, and interferes with New York’s rights as a sovereign state.

“New Yorkers will not be held hostage by an Administration intent on restraining the sovereign rights of states, while it simultaneously enacts discriminatory policies across the country,” said Attorney General James. “Today, we are filing a lawsuit to stop the president and his Administration from punishing New York for passing its own laws. The Trump Administration’s new policy not only negatively impacts travelers, workers, commerce, and our economy, but it jeopardizes public safety. No one should ever use our nation’s security as a political weapon, let alone the commander-in-chief.”

"We will not compromise our values nor back down when the federal government continues to unfairly and illegally target New York," said Governor Andrew M. Cuomo. "There are more than a dozen states – including red states – with similar laws, but President Trump and his enablers are once again taking their aim at New York’s economy in a way that not only inconveniences travelers, but also creates very real security issues. Make no mistake we are fighting back and will be using every tool available to us to do so.”

James and Cuomo claim despite the federal government’s ability to gather the information they need from New Yorkers who wish to sign up for a Trusted Traveler Program, last week, President Trump singled out New York in his State of the Union address for implementing its own state policies. James contends that the Trump Administration’s new policy specifically defies the Intelligence Reform and Terrorism Prevention Act of 2004, which — under a Congressional mandate and recommendations from the bipartisan 9/11 Commission — calls on DHS to establish an international registered traveler program for use by all states and territories of the United States. The decision to solely halt New York’s participation in this program profoundly jeopardizes public safety for New Yorkers and all travelers. Further, Attorney General James argues that this new policy is a punitive measure intended to single out New York and coerce the state into changing its policies to compel conformity with preferred federal policies.

James adds economists have estimated that border delays on the U.S./Canada border have already cost American businesses billions of dollars each year and resulted in tens of thousands of jobs lost, making the president’s decision even more harmful to New Yorkers — especially those in Western New York. In fact, New Yorkers seeking to commute across New York’s land borders with Canada — specifically those in Western New York — will be severely harmed by the Trump Administration’s new policy:
  • 30,000 drivers in the FAST program will lose access to the automated system.
  • Drivers in the NEXUS program — which, in Western New York alone, services 6,500 trips across the Peace Bridge, the Whirlpool Bridge, the Lewiston-Queenston Bridge, and the Rainbow Bridge each day — would be severely handicapped.
  • 25-percent of auto traffic utilizing the Peace Bridge relies on the NEXUS program and 60-percent of truck drivers utilize the FAST program.
  • A car driven by a non-NEXUS driver typically takes four times longer to move across the Peace Bridge than a car driven by a NEXUS driver.