What We Know About AG Bondi’s Lawsuit Against New York

U.S. Attorney General Pam Bondi arrives to a news conference at the Department of Justice Building on February 12 in Washington, D.C. Photo: Anna Moneymaker/Getty Images

On Wednesday, U.S. Attorney General Pam Bondi unveiled a lawsuit against top New York officials, alleging that a state law is unconstitutional and infringing upon the federal government’s ability to curb illegal immigration.

The lawsuit is centered on the state’s Driver’s License Access and Privacy Act, otherwise referred to as the “Green Light Law,” which allows New Yorkers to apply for a driver’s license regardless of legal status. In an atypically political press conference for the nation’s top lawyer, Bondi signaled that her department would continue to target jurisdictions over their compliance with the Trump administration’s aims, noting that a similar lawsuit had been filed against Illinois just last week. “New York has chosen to prioritize illegal aliens over American citizens. It stops. It stops today,” she said.

Though Bondi initially stated that her office had “filed charges” against the State of New York, the matter is a civil lawsuit filed against Governor Kathy Hochul, State Attorney General Letitia James, and Mark Schroeder, the head of the New York State Department of Motor Vehicles. Here, what we know so far.

What does the lawsuit claim?

The 16-page lawsuit, filed in federal court in Albany, alleges that New York is obstructing the federal government from addressing illegal immigration through the existence of its Green Light Law. Under the provision, the state is limited in the information it’s able to provide to federal immigration agencies and is required to alert licensees when their data is requested. The federal government claims the law is in violation of the Constitution’s Supremacy Clause, which states that federal law preempts state law. Notably, neither New York City nor Mayor Eric Adams is named in the lawsuit despite the city’s own sanctuary policies.

“By intent and design, the Green Light Law is a frontal assault on the federal immigration laws, and the federal authorities that administer them. More than that, the Law has had dangerous consequences — precisely because it has worked as intended,” the lawsuit reads.

The Justice Department argues that the DMV’s information is “critical” to federal immigration authorities in terms of helping to identify those who might be in the country unlawfully as well as keeping agents safe out in the field. “From vehicle stops to border crossings to executing arrests and searches, immigration authorities depend on these records to assess real-time the situations they face and the people they encounter. But New York’s Green Light Law deprives them of this insight; and in turn, unnecessarily forces brave law enforcement officers into dangerous and uncertain circumstances,” the lawsuit says.

How have state leaders responded?

In a statement, Hochul denounced Bondi’s lawsuit, saying that the state’s law allows for federal immigration officials to access DMV databases with a judicial warrant, something she called a “common-sense approach.” The governor said that she was opposed to letting federal agents have “unfettered access” to New Yorkers’ personal data, specifically name-checking Tesla CEO Elon Musk and his DOGE organization. “We expect Pam Bondi’s worthless, publicity-driven lawsuit to be a total failure, just like all the others. Let me be clear: New York is not backing down,” she said.

James, who is currently pursuing legal action against the Trump administration over its access to state data, indicated that she stands ready to fight this lawsuit as well. “Our state laws, including the Green Light law, protect the rights of all New Yorkers and keep our communities safe. I am prepared to defend our laws, just as I always have,” she said in a statement.

Is this similar to the DOJ lawsuit against Illinois and Chicago?

Last week, the Justice Department filed a lawsuit against the state of Illinois and the city of Chicago over their long-standing sanctuary policies in regard to federal immigration enforcement. Governor J.B. Pritzker, Chicago mayor Brandon Johnson, and Toni Preckwinkle, the Cook County Board of Commissioners president, are among those listed as defendants in the suit.

Per the Chicago Tribune, the lawsuit alleges that the local policies “have the purpose and effect of making it more difficult for, and deliberately impeding, federal immigration officers’ ability to carry out their responsibilities in those jurisdictions.” The lawsuit targets several local ordinances and laws, including the Illinois Trust Act, a 2017 law that places limits on local law enforcement’s involvement with federal immigration enforcement. In a move that’s similar to the New York lawsuit, the Justice Department argues that the policies violate the Constitution’s Supremacy Clause.

Pritzker’s office issued a statement saying that the Trust Act “has always been compliant with federal law and still is today,” noting that it was bipartisan legislation that was ultimately signed into law by a Republican governor. “We look forward to seeing them in court,” the statement read.

Bondi referenced the lawsuit during her Wednesday remarks, reiterating the goal of her department to single out cities and states for their immigration policies. “We sued Illinois, and New York didn’t listen. So now you’re next,” she said.