Federal challenge to New York's Green Light Law (immigrant driver's licenses and DMV data privacy)

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The U.S. Department of Justice sued New York in February 2025 to strike down the state's 2019 'Green Light Law,' which lets residents obtain a standard driver's license regardless of immigration status and limits when the DMV may share its records with federal immigration agencies. On December 23, 2025, U.S. District Judge Anne M. Nardacci (Northern District of New York) dismissed the challenge — granting the state's motion to dismiss and denying the government's cross-motion for summary judgment as moot. The court held that the law is neither expressly nor implicitly preempted by federal law and does not unlawfully regulate or discriminate against the federal government, noting that immigration authorities can still obtain DMV data through a judicial warrant or court order. The federal government filed a notice of appeal to the U.S. Court of Appeals for the Second Circuit on February 20, 2026 (No. 26-387). The appeal is pending, and the Green Light Law remains in effect while it is decided.

Federal challenge to New York’s Green Light Law (immigrant driver’s licenses and DMV data privacy)

Status: In litigation — United States v. State of New York (N.D.N.Y. No. 1:25-cv-00205 (on appeal: 2nd Cir. No. 26-387))

The U.S. Department of Justice sued New York in February 2025 to strike down the state's 2019 "Green Light Law," which lets residents obtain a standard driver's license regardless of immigration status and limits when the DMV may share its records with federal immigration agencies. On December 23, 2025, U.S. District Judge Anne M. Nardacci (Northern District of New York) dismissed the challenge — granting the state's motion to dismiss and denying the government's cross-motion for summary judgment as moot. The court held that the law is neither expressly nor implicitly preempted by federal law and does not unlawfully regulate or discriminate against the federal government, noting that immigration authorities can still obtain DMV data through a judicial warrant or court order. The federal government filed a notice of appeal to the U.S. Court of Appeals for the Second Circuit on February 20, 2026 (No. 26-387). The appeal is pending, and the Green Light Law remains in effect while it is decided.

Next step: The Second Circuit (No. 26-387) will receive briefs and, in time, rule on the government's appeal; no oral-argument date had been set as of the last check. If the appeals court upholds the dismissal, the Green Light Law stays as it is; if it reverses, some provisions could be sent back for further review. Until the Second Circuit rules, the law remains in force.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

The U.S. Department of Justice sued New York in February 2025 to strike down the state’s 2019 “Green Light Law,” which lets residents obtain a standard driver’s license regardless of immigration status and limits when the DMV may share its records with federal immigration agencies. On December 23, 2025, U.S. District Judge Anne M. Nardacci (Northern District of New York) dismissed the challenge — granting the state’s motion to dismiss and denying the government’s cross-motion for summary judgment as moot. The court held that the law is neither expressly nor implicitly preempted by federal law and does not unlawfully regulate or discriminate against the federal government, noting that immigration authorities can still obtain DMV data through a judicial warrant or court order. The federal government filed a notice of appeal to the U.S. Court of Appeals for the Second Circuit on February 20, 2026 (No. 26-387). The appeal is pending, and the Green Light Law remains in effect while it is decided.

Who it affects

New York residents who hold or are applying for a standard New York driver’s license or non-driver ID, and anyone worried about whether the New York DMV can share their records with ICE or CBP. As of the last check, nothing has changed: the Green Light Law is still in effect, standard licenses are still issued regardless of immigration status, and state law still bars the DMV from disclosing its records to immigration-enforcement agencies without a judicial warrant or court order (and requires notifying the person when such a request is made). The federal government’s appeal does not pause the law. This case does not change anyone’s immigration status, and holding a New York license does not, by itself, affect a person’s immigration case.

How it got here

Feb 12, 2025 The U.S. Department of Justice (under Attorney General Pam Bondi) files suit in the Northern District of New York to strike down the Green Light Law, naming the State of New York, Governor Kathy Hochul, Attorney General Letitia James, and DMV Commissioner Mark Schroeder. It argues the law is preempted by 8 U.S.C. § 1373(a) and unlawfully regulates and discriminates against the federal government.
Mar 25, 2025 New York moves to dismiss the case; the federal government later cross-moves for summary judgment. Outside organizations file friend-of-the-court briefs on both sides.
Dec 23, 2025 U.S. District Judge Anne M. Nardacci grants New York's motion to dismiss and denies the government's cross-motion for summary judgment as moot, holding that the Green Light Law is neither expressly nor implicitly preempted and does not unlawfully discriminate against the federal government. The law stays in effect.
Feb 20, 2026 The federal government files a notice of appeal to the U.S. Court of Appeals for the Second Circuit (No. 26-387). The appeal is pending.

What to watch next

The Second Circuit (No. 26-387) will receive briefs and, in time, rule on the government’s appeal; no oral-argument date had been set as of the last check. If the appeals court upholds the dismissal, the Green Light Law stays as it is; if it reverses, some provisions could be sent back for further review. Until the Second Circuit rules, the law remains in force.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.

Frequently asked questions

What is this case about?

Where does it stand right now?

The U.S. Department of Justice sued New York in February 2025 to strike down the state’s 2019 ‘Green Light Law,’ which lets residents obtain a standard driver’s license regardless of immigration status and limits when the DMV may share its records with federal immigration agencies. On December 23, 2025, U.S. District Judge Anne M. Nardacci (Northern District of New York) dismissed the challenge — granting the state’s motion to dismiss and denying the government’s cross-motion for summary judgment as moot. The court held that the law is neither expressly nor implicitly preempted by federal law and does not unlawfully regulate or discriminate against the federal government, noting that immigration authorities can still obtain DMV data through a judicial warrant or court order. The federal government filed a notice of appeal to the U.S. Court of Appeals for the Second Circuit on February 20, 2026 (No. 26-387). The appeal is pending, and the Green Light Law remains in effect while it is decided. The Second Circuit (No. 26-387) will receive briefs and, in time, rule on the government’s appeal; no oral-argument date had been set as of the last check. If the appeals court upholds the dismissal, the Green Light Law stays as it is; if it reverses, some provisions could be sent back for further review. Until the Second Circuit rules, the law remains in force.

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General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.