“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.”
Governor Cuomo, who has been rather outspoken during this entire process, also weighed in on the lawsuit.
"We will not compromise our values nor back down when the federal government continues to unfairly and illegally target New York," he said. "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 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, 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.
On Monday morning, members of the Erie County Legislature, as well as the Buffalo Common Council, held a press conference to assail the announcement, further saying that it's nothing more than political retribution.
"The federal administration, apparently at the behest of Congressman Tom Reed and others, has moved to cut us off from this critical program," said Erie County Legislator April Baskin. "The feds claim that this action is in response to the state legislature passing the Green Light Law, which merely ensures that any resident here in New York that drives on our roads has a driver's license. The Green Light Law ensures driver accountability and public safety."
Niagara Falls Mayor Robert Restaino claims there will be a huge impact to their economy.
"The Fast and Secure Trade Program is part of the program that has been suspended, and that's the program most used by transport companies," said Restaino. "As we take a look at trying to grow our economy in Western New York and Niagara Falls, I want to compete in the warehouse and transportation business. We know that we transport across our bridges automobiles and other products. If I ask a company to consider relocating to New York State, and most especially into Niagara Falls from other part of the country because we can access the millions and millions of Southern Ontario consumers, why would you do that, if in fact you don't have that immediate access anymore?"
The law, according to Kennedy, prohibits the New York State DMV from sharing any information with agencies that enforce immigration law, including the Department of Homeland Security.
"Last week, we had an individual who ran the port - the vehicle had not been identified as stolen as of yet, but we had no way to identify who the true owner of the vehicle was," said Brophy. "Previous to that, we would have had that information in real time; we would have been able to identify that person and identify who the actual owner was, contact that owner, and contact the appropriate local law enforcement to address.
"We were able to get there, but it took us a lot longer," she continued. "That puts not only our officers at risk, but the public safety."
"Because of the Green Light Law, when a New York vehicle presents itself, CBP officers cannot access DMV records, cannot identify the owner, cannot determine if the traveler with New York State registrations and licenses, who is driving the vehicle, has had a suspended license," he continued.
Kennedy also added that New York is the only state, of the states that have legislation similar to the Green Light Law, that prohibit this kind of information sharing with immigration law agencies.
"I know we spend a lot of time because it's been a topic of great interest, recently this Trusted Traveler, but I think the message too, and hopefully the takeaway here is that it goes much beyond what's actually going on at the border," said Kennedy. "There are literally hundreds, if not thousands of DHS agents that work here in the Western District of New York, and everyday, get up and try to interdict crime, save victims, protect victims, and protect the community. Their inability to gain this information maybe doesn't have as pronounced an effect as it does right at the bridge, but I think it's much more insidious - I think it's much more damaging to our community because it basically inhibits their ability to conduct investigations..."