The Green Light Law Affects All New Yorkers

The New York Green Light law, officially known as the Driver’s License Access and Privacy Act, is in the news as the federal government is trying to end it through a lawsuit. Signed into law in 2019 by then-Gov. Andrew Cuomo, the Green Light law allows aliens illegally in the United States to obtain a driver’s license or state identity document. At the same time, it helps shield these illegal aliens from being detected and removed by federal immigration officials. The Green Light law has many major consequences affecting public safety, but this article will focus on just one — vulnerability to identity fraud.

For the past five years, the New York Department of Motor Vehicles (NY DMV) has issued identity documents (the “standard” New York driver’s licenses) that lack safeguards to ensure the integrity of the identification system. Simply put, there are many ways to subvert this issuance process. A basic tenet of a government identification document is that the information presented relates to the person pictured and that the information has been verified. The dirty little secret of the Green Light law is that some of the documents used to obtain a license are completely unverifiable by anyone in New York State or even the federal government.

Let’s look at the process of obtaining a New York driver’s license. Prior to 2019, the vast majority of applicants needed a valid Social Security number to apply. A small number of exceptions existed, such as certain temporary foreign students, for example. These students were vetted on a case-by-case basis. Applicants with Social Security numbers are still vetted through the American Association of Motor Vehicle Administrators using an online program called the Social Security Online Verification Service (SSOLV). This system matches the applicant’s biographical data with the Social Security Administration’s (SSA) information regarding who is assigned that particular number. If the name and assigned Social Security number (SSN) do not match, the application is halted until the discrepancy is resolved.

In 2019, the Green Light law carved out an exception for those who claim they do not have a SSN. Anyone can claim to not have an SSN by simply filling out a form supplied by NY DMV. Prior to 2019, NY DMV detected the great majority of this type of identity fraud. Since 2019, absent the SSN, it is anyone’s guess how many fraudulent IDs have been issued.

The second vulnerability is that NY DMV now accepts a variety of documents issued by foreign entities. The state requires license applicants to verify their identities by presenting previously issued, or “breeder” documents that corroborate their identity, date of birth, and residence. New York uses a point system to establish these criteria; a minimum of six points are required to establish identity. Some documents also establish one’s date of birth. A piece of delivered mail or a pay stub with an address is enough to establish residency in New York State.

For our illustration, let’s assume we have two pieces of identification: a foreign driver’s license and a consular ID card. Each of those documents is worth four points. Both documents are accepted as proof of age. The applicant takes these two documents, plus a piece of mail in a name that matches his documents that was delivered to the address he claims, and proceeds to the DMV. There, the applicant submits a NY DMV form NSS-1 swearing he has never been issued a Social Security number. In addition, he presents the two foreign documents and the piece of mail along with the license application and payment. After a written test, he walks out with a valid New York learner’s permit.

At no time does NY DMV claim to check the validity of these documents. Even if they suspected fraud, there is no mechanism for a U.S. state government to verify documents issued by a foreign government. Contrast that with documents issued by another state, such as Texas. If NY DMV suspected the presented license was altered, counterfeit or stolen, a simple electronic record check with Texas would have that information within a minute.

Counterfeiting these two documents in our example is a serious concern. Again, the best method to verify a document is by an electronic record check of the ID number and biographical data through the issuer of the document. Not a problem within the U.S., but foreign governments will not release internal information to an unauthorized user, in this case, the NY DMV. Does anyone really think that Venezuela, Iran, or Afghanistan would assist New York in verifying the identity of one of its nationals?

This is the crux of the issue — New York State has no ability to determine if a foreign government’s document is altered, counterfeited, or improperly issued. These foreign governments are well within their rights to withhold as much of this information as they wish. In addition, don’t expect the NY DMV employees to be able to detect counterfeit documents. The sheer number of documents accepted for a New York driver’s license is staggering. As a rough guide, there are approximately 190 independent nations. Each one issues at least one type of passport, is eligible to issue consular cards, and issues at least one type of driver’s license. In some countries, each of their subdivisions issue licenses. Mexico has 32 different licenses; Australia has eight. Just focusing on foreign licenses, consular cards, and foreign passports, there are over 750 foreign documents that could be used as foundations for the New York license. That is an unmanageable number of documents for any agency to authenticate without the aid of the issuing government.

What is frightening is the damage someone can do with a valid ID that is widely accepted. Criminals with a valid ID can cash bad checks, sell stolen property to pawn shops, evade warrants and child support, transfer non-traceable funds to and from terrorists and drug traffickers, open bank accounts to aid money laundering, and buy ammunition or buy alcohol as a minor.

Some in the state government know that foreign documents are untrustworthy, yet they continue the fiction that the licenses are issued under strict safeguards. For example, the State Liquor Authority advises retailers not to accept foreign driver’s licenses or consular IDs. Yet NY DMV readily accepts both foreign licenses and consular IDs as the foundation of a license.

The only two groups of people who benefit from the Green Light driver’s licenses are illegal aliens and criminals seeking a valid ID in a bogus name. It’s time to end the scam.