Friday, February 14, 2025

Read the Allegations Against Kathy Hochul and Letitia James

U.S. Attorney General Pam Bondi launched legal action this week against three top New York officials, including Gov. Kathy Hochul and the state's AG Letitia James, over their so-called "sanctuary" policies that shield illegal aliens from federal deportation operations.

According to the 16-page complaint naming Hochul, James, and Commissioner Mark Schroeder of the state's Department of Motor Vehicles (DMV) as defendants, they are accused of impeding federal immigration enforcement's ability to arrest and deport violent criminals, thereby endangering the lives of law-abiding Americans.

United States v. New York -... by Gregory Price

"New York has chosen to prioritize illegal aliens over American citizens," Bondi charged Wednesday when unveiling the allegations at her first press conference as head of the U.S. Department of Justice (DOJ). "It stops today."

The litigation cites a New York state ID statute known as the "Green Light Law," which lets illegal immigrants obtain a driver's license. Social Security numbers are not needed to apply, and all standard state licenses—each marked "NOT FOR FEDERAL PURPOSES"—look the same regardless of what documents are provided to prove identification, like a foreign passport, "border crossing card," or non-U.S. birth certificate.

The measure also prohibits the state's DMV from sharing data with any federal agency for the purposes of immigration enforcement—unless court ordered.

This keeps critical real-time information from federal authorities and places field agents at risk. Being able to access the DMV database, whether as part of a traffic stop, surveillance operation, or when executing a warrant, allows U.S. Immigration and Customs Enforcement (ICE) officers to run background checks on individuals they are about to encounter, which could reveal that the suspects have a criminal history or been flagged as dangerous. Agents depend on these records to assess situations they face daily on the front lines of the border crisis.

Moreover, DMV employees must "certify" to the commissioner that they will not "use such records or information for civil immigration purposes" or "disclose such records or information to any agency that primarily enforces immigration law or to any employee or agent of any such agency." Violators of these record-keeping requirements are subject to a Class E felony, with punishments of up to four years in prison and $5,000 in fines.

A "tip-off" provision of this law further requires the DMV to notify an illegal immigrant if federal authorities are inquiring about them. Within three days of receiving a request for records "from an agency that primarily enforces immigration law," state officials "shall" alert said subject of the inquiry as well as identify the entity that made this records request.

Enacted in 2019, the Cuomo-era law opened the door to swarms of illegal immigrants wanting to drive without the threat of deportation if they're ever pulled over.

Supporters of the Green Light Law were candid about its objective, saying the statute was designed to "secure driving privileges" for "undocumented immigrants" while "protect[ing]" them from the federal government. In the words of its sponsor, New York state Sen. Luis SepĂșlveda, a close Democrat ally of former New York City Mayor Bill de Blasio: the law lets illegal aliens "move freely" throughout the state "without fear" that federal law will be enforced against them.

U.S. attorneys under Bondi say this violates the Supremacy Clause of the U.S. Constitution. The intergovernmental immunity doctrine stipulates that states cannot interfere with operations of the federal government.

"By intent and design, the Green Light Law is a frontal assault on the federal immigration laws, and the federal authorities that administer them," the federal court filing alleges. "More than that, the Law has had dangerous consequences—precisely because it has worked as intended. But federal law does not tolerate this sort of obstruction. Nor does the Constitution."

Establishing an "obstacle" to the enforcement of federal immigration law was "the entire point of the Green Light Law," according to the U.S. attorneys arguing this case. "And it accomplishes that end at every turn."

Accordingly, they say it is the "prerogative as separate sovereigns" to refrain from such interference. A state's "freedom to stand aside is not a freedom to stand in the way," the DOJ says. "And where inaction crosses into obstruction, a State breaks the law. The State of New York is doing just that. It must be stopped."

James has since issued a statement defending the state's "sanctuary" practices. "Our state laws, including the Green Light law, protect the rights of all New Yorkers and keep our communities safe," she said. "I am prepared to defend our laws, just as I always have."

Via press release, Hochul called Bondi's move "dramatic," "worthless," and "publicity-driven."

She said "there's no way I'm letting federal agents, or Elon Musk's shadowy DOGE operation, get unfettered access to the personal data of any New Yorker in the DMV system like 16-year-old kids learning to drive and other vulnerable people."

"Let me be clear: New York is not backing down," Hochul vowed.

Hochul, meanwhile, was supposed to meet with President Donald Trump at the White House on Thursday but those lunch plans were put off in the wake of Bondi's bombshell announcement. A source told The New York Post that they have "tentatively agreed" to talk next week when she is in Washington for the National Governors Association (NGA) meeting.

The case—filed in Albany federal court—was assigned to Judge Anne Nardacci, an appointee of President Joe Biden. According to the summons, Hochul, James, and Schroeder have 21 days after service to respond. Failure to do so will result in a default judgment entered against them for the relief demanded in the complaint: a declaration that the Green Light Law is unconstitutional, therefore unlawful and unenforceable; a permanent injunction barring the defendants from enforcing said statute; and other awards the court deems "just and proper."

President Donald Trump's border czar, Tom Homan, has threatened criminal prosecution of local leaders who hinder the administration's mass deportation efforts.

Bondi also didn't rule out the possibility of pursuing such charges but said she's hopeful state officials will comply. "We're going to see what they do next," she said. "We don't want to sue you. We don't want to prosecute people. We want people to comply with the law."

Trump signed a Day One executive order directing Bondi to review "sanctuary" statuses, revoke federal funding, and impose civil or criminal penalties on those not cooperating with the federal mandate.

The DOJ's crackdown on New York comes after a similar suit filed against the state of Illinois, Cook County, and the city of Chicago last week before Bondi's confirmation. That case takes aim at the Illinois Way Forward Act, the state's TRUST Act, and Chicago's Welcoming City Act, an ordinance that bars local law enforcement from assisting their federal counterparts in immigration enforcement.

"We did it to Illinois. Strike one. Strike two is New York, and if you're a state not complying with federal law, you're next," Bondi warned Wednesday. "Get ready," she said, adding that "this is a new DOJ."

Bondi noted that "New York didn't listen," so here comes the hellfire.

"You will be held accountable if you do not follow federal law," Bondi declared. "It's over, it ends, and we're coming after you."

https://townhall.com/tipsheet/miacathell/2025/02/14/pam-bondi-lawsuit-new-york-n2652167

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