A ruling issued by the U.S. Court of Appeals for the Second Circuit on November 30, 2020, upheld the New York Green Light Law in response to a lawsuit filed by a county clerk in 2019. Michael Kearns, the Clerk of Erie County, New York, claimed in his legal action that he would be personally responsible for violating federal policies regarding immigration if he complied with the provisions of the New York Green Light Law. His case had been dismissed by a lower court before proceeding to the Appeals Court for final disposition.

What Is the New York Green Light Law?

The Driver’s License Access and Privacy Act, more commonly referred to as the Green Light Law, went into effect on December 16, 2019. This legislation allows residents of New York to apply for driver’s licenses or permits without showing proof of citizenship or lawful residence in the United States. Applicants for driving privileges do not need to provide a Social Security Number, which has allowed many immigrants in the state to qualify to drive legally and safely in New York.

Documentation of Residency Still Required

Applicants for driver’s licenses in New York must provide documentation of their name, their date of birth and their residency in the state to qualify for driving privileges. A number of different documents can be used as proof of residency, name and date of birth, including a foreign driver license, a passport, a Border Crossing Card or a consular identification document.

The Right Legal Help for Immigrants

Enlisting the assistance of a New York immigration lawyer can help in navigating the requirements of the Green Light Law and obtaining the right to drive legally in the state. Your New York immigration lawyer can help you determine the appropriate combination of documents to establish identity and residency with the New York Department of Motor Vehicles.

The dedicated legal professionals at Pozo Goldstein can provide the representation and counsel you and your family need to deal with all types of immigration issues effectively. We work with you to determine the specifics of your situation and to provide you with the right solutions for your needs. Pozo Goldstein can draw on the expertise of two former immigration prosecutors and a former judge, which allows us to deliver the best representation for our clients. If you need the assistance of an established New York immigration lawyer, give us a call today at 212-201-9031 to set up your consultation with our team. We are here to help you achieve and protect your American dream.