New York’s Department of Motor Vehicles issues a “standard” drivers license which looks like a normal drivers license except being marked “not for federal purposes.”  A “standard license” is a term used nationally to describe a personal identification that does not meet the REAL ID criteria created by a 2005, post 9/11 law, to control access to transportation such as airlines.

New York’s DMV requires proof of identity and location of residence. Typically an unauthorized person gets a what is commonly referred to as a consular identification card from a consulate of their country, such as Mexico. A card typically includes proof of nationality and identity, a photo ID and address. This is sufficient for the DMV to issue a license.

The Federal suit

Federal law enforcement agencies routinely inspect state databases in their normal line of work. Attorney General Bondi filed a suit against New York.  (This is gotten more play than a suit the week before against Illinois.) She objects to the provisions in the “Green Light” Law that bars the DMV from revealing information about the standard license holder to ICE and other federal immigration enforcement agencies, except by court order. Further, the DMV must notify individuals when federal immigration authorities request their information.

Besides New York State other states with special drivers licenses also have created legal barriers to immigration law enforcement agencies. (Go here for a national review of this topic). These include Illinois, Virginia, New Jersey, Colorado, California and Washington.

The most recent news regarding standard drivers license is the enactment of the Work and Family Mobility Act in Massachusetts, which went into effect in 2023.  The state’s Registry of Motor Vehicles is prohibited from asking or recording any questions about a person’s immigration status, but there are no bars to information requests by federal immigration law agencies.  The law was passed in 2022 by an override to Governor Charlie Baker’s veto. Opponents secured a referendum vote for repeal in November 2023. The repeal was rejected by 54% of the vote. Baker’s main objection was that the RMV did not have the capacity to identify fraudulent documents submitted by applicants.