New York Aims to Protect Immigrants

DMV employees might incur in a felony if they provide information about undocumented immigrants

Trump’s administration wants to collect personal information from immigrants – New York does not agree

Since President Trump took office in 2017, he has focused heavily on reducing illegal immigration in the US. To achieve this goal, the President has implemented new regulations to the Immigration and Customs Enforcement Service (ICE).

ICE is the entity in charge of processing all the cases of undocumented immigrants currently residing in the country. Its employees have the right to capture any undocumented immigrant. They are also in charge of immigration detention centers around the country and are the main border force.

The current administration of the US intends to collect as much information as possible from undocumented immigrants, therefore ICE often requests personal details of immigrants from each state in the country.

Due to the fact that several states decided to offer driver’s licenses to undocumented immigrants, ICE has attempted to collect information from them in order to initiate capture and deportation processes.

New York disagrees with the collection of immigrant personal data

New York Governor, Andrew Cuomo, decided to issue driver’s licenses to undocumented immigrants who meet certain requirements such as having an active immigration process.

This decision was communicated to the public in January 2020, but it was officially implemented in April 2020.

However, over the past month, several ICE employees have contacted New York Department of Motor Vehicle (DMV) agencies, trying to obtain the personal information of undocumented immigrants from that region.

Therefore, Governor Cuomo decided to implement a new law that states that any DMV official who provides personal information about immigrants to an ICE agent will be sentenced for a felony and can go to prison for a considerable amount of time.

If a DMV employee gives private information about undocumented immigrants to a border force such as ICE or the Customs and Border Protection (CBP) department, he/she could be convicted of a Type E felony and possibly go to prison from one to four years.

The main reasons for this decision

The New York Governor presents several arguments to the public, explaining the purpose of protecting personal information of undocumented immigrants.

Let’s look at some of his arguments:

  • The driving licenses issued by the state do not work as an identification document, therefore they are not a protection for undocumented immigrants.
  • Immigrants who obtain a driver’s license must have an open immigration process with the US Citizenship and Immigration Service (USCIS), therefore, they have the right to remain in the country until they have a hearing with a local judge.
  • The border entities intention is to obtain the personal information of undocumented immigrants to be able to capture them and possibly start a deportation process as quickly as possible.
  • Due to the global pandemic of the Coronavirus, deportation processes are expedited and regulations are not fully applied. Thus, border forces are taking advantage of this to deport as many immigrants as possible.
    (If you need help with a deportation case, feel free to contact Motion Law Immigration attorneys)

Therefore, no DMV employee is allowed to give personal information about undocumented immigrants to border forces.

Motion Law Immigration is ready to help you with your immigration case

In light of the global crisis that we are going through due to the arrival of the Coronavirus in the world, it is essential to take each decision very cautiously to avoid inconveniences for our families.

Immigration is a very sensitive and controversial topic in the US. Policies are constantly changing due to Trump’s administration and the measures implemented during the pandemic are quite strict.

It is well known that these measures are temporary and are implemented only while the risk to public health decreases. However, it is better to avoid any precarious situation during the health crisis.

For this reason, if you have an active immigration case or want to submit a new application to enter/reside in the US, the best option is to seek the help of professionals who will provide constant accompaniment throughout your immigration process.

In that way, you can present a solid case to USCIS and avoid possible rejection.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.