Does NY DMV Share Driver Data With Immigration Agencies?

New York law limits what the DMV can share with immigration enforcement. Under Vehicle and Traffic Law §201(12), the DMV may not give its records to an agency that mainly enforces immigration law — the law names ICE and CBP — unless it receives a lawful court order or a judicial warrant signed by a federal (Article III) judge. If such an agency asks, the DMV must tell you within three days and say which agency asked. These rules came with the Green Light Law, which took effect December 16, 2019.

The limits on data sharing

The DMV's Green Light page says the law "provides a number of privacy protections that limit data sharing, including to agencies that primarily enforce immigration laws." The statute, as shown on the State Senate website (revision dated April 24, 2020), says:

• No disclosure to immigration agencies (12(a)). The DMV may not "disclose or make accessible in any manner" its records to an agency that primarily enforces immigration law, or its employees or agents, unless it is presented with a lawful court order or a judicial warrant signed by an Article III judge.
• Three exceptions. The bar does not apply when the records are needed to issue or renew a license that meets federal ID standards (REAL ID or Enhanced), to enroll someone in a trusted traveler program, or to handle vehicle imports and exports.
• Other recipients must promise too (12(b)). Anyone who receives DMV records must first certify that they won't use them for civil immigration purposes or pass them to an immigration agency (the only exception is a narrow cooperative arrangement between city, state and federal agencies that are not immigration enforcers). Breaking that promise is a class E felony, and recipients must keep five years of records of their uses.
• Extra privacy for applications (subdivisions 8–10). For non-commercial licenses and permits, the parts of your records with your photo, Social Security number, place of birth, medical or disability information and similar personal data are not public records. The original documents you used to prove identity are protected the same way, and so is whether your license is federal-standard.

Notice to you when they ask

Subdivision 12(a) requires the DMV, "no later than three days after such request," to notify the person whose information was requested, and to say which agency asked. The DMV's page puts it as "disclosure to the license holders when immigration enforcement agencies request data." Keep your mailing address current with the DMV so a notice reaches you.

What these rules do not cover

• Federal-standard IDs. If you apply for a REAL ID or Enhanced license, the first exception applies to that process. A standard license is marked "NOT FOR FEDERAL PURPOSES."
• Other agencies' own records. §201 governs DMV records. It doesn't describe what other agencies, such as TLC, do with records they collect themselves.
• Your TLC application. The Green Light Law lets you get a standard, non-commercial license without a Social Security number. TLC still requires a valid SSN for every driver license (rule 80-04(b)). See can a Green Light license get me a TLC license and TLC license with an ITIN.

Where to get legal help

This page explains what the law says. It can't tell you how it applies to your case, and it isn't legal advice. TLC's Driver Resources page lists free and low-cost help:

• ActionNYC — free, safe immigration legal help in your language, "your immigration status does not matter": 800-354-0365, or call 311 and say "ActionNYC."
• CUNY Citizenship Now! — confidential immigration law services: (646) 664-9400 or (212) 652-2071.
• NYS Office for New Americans — statewide network of community providers: 1-800-566-7636.

For more on driving work as an immigrant in NYC, see the immigrant drivers guide and whether IDNYC is useful for drivers. For the TLC license steps, see how to get a TLC license.