1. County Interactions with Immigrants
Prof. Andy Ayers
Director of the Government Law Center
Albany Law School

2. OUTLINE Immigration statuses 2. “Sanctuary” decisions
3. Noncitizens’ eligibility for licenses and benefits
4. Green Light Law

3. 1. KINDS OF NONCITIZEN STATUS
1. Lawful permanent resident (green card) 2. “Non-immigrant” (temporary / conditional) 3. Humanitarian (asylum etc) 4. “Undocumented”

4. Variations in undocumented status
Means of entry
Visa overstay
Entry without inspection
Lost legal status
Pending application for status?
No application pending
Application pending
Adjudicated
3. Evading detection?
Deferred action
Checking in
At large, but authorities not seeking
Authorities seeking
Detained

5. 2. “SANCTUARY” DECISIONS
Use resources to participate in imm enforcement?
Feds can’t compel under 10th Amendment
Share information with imm authorities?
Can’t ban sharing with DHS “information regarding immigration status”
Can choose not to collect info
3. Detain noncitizens at federal request?
Detainers are requests
Sheriffs lack statutory authorization to comply
May violate 4th Amend
4. Allow access to locally-controlled sites?
State courts deny without warrant; issue not yet litigated

6. 3. ELIGIBILITY FOR LICENSES AND BENEFITS
A. Constitutional Rule States/localities can’t deny benefits based on immigration status
Exceptions to the constitutional rule:
States can deny benefits to undocumented people
States can deny employment in certain government positions
States can deny benefits where federal law requires it

7. 3. ELIGIBILITY FOR LICENSES AND BENEFITS
B. Federal statutes
States must deny certain benefits to specific groups:
Undocumented people
Non-immigrants
Certain humanitarian statuses
The benefits that cannot go to these groups include:
Health, housing, welfare, retirement, disability, unemployment
professional licenses and commercial licenses
Driver’s licenses not mentioned
Exception: If the state passes a law specifically granting these benefits

8. 4. THE GREEN LIGHT LAW
A. Creates a license that can’t be used for federal purposes • Acceptable ID includes unexpired foreign passports, consular ID, foreign driver’s license, other forms TBD. • Also required: SocSec# or “an affidavit signed by such applicant that they have not been issued a social security number.”

9. 4. THE GREEN LIGHT LAW
B. Who will carry these licenses? People who are:
Undocumented
Lawfully present but not eligible for a SocSec# (tourists, many students, some spouses of certain imms)
Eligible for SocSec# but don’t work and don’t get SocSec#
Not eligible for a SocSec# when they got their NY license, but have since become eligible

10. 4. THE GREEN LIGHT LAW C. Info-sharing
1. Sharing info with the public:
2. Sharing info with imm authorities:
Without a warrant or court order, DMV can’t disclose to anyone:
Docs any driver submitted as ID; or
Info on whether a driver qualifies for federal ID.
Anyone who receives records must certify they won’t share them with imm authorities.
Without warrant or court order, DMV can’t disclose to imm authorities:
any driver’s records.
If records are disclosed, DMV must notify the driver.

11. 4. THE GREEN LIGHT LAW C. Info-sharing 3. Retaining records
DMV/clerks can’t retain ID documents used to get not-federal licenses

12. 4. THE GREEN LIGHT LAW D. Legal Challenges Harboring Preemption
Plaintiffs: Clerks of Erie and Rensselaer Counties (Kearns and Merola), and Monroe County and its supervisor (Cheryl Dinolfo)
Harboring
Preemption
Equal protection

13. 4. THE GREEN-LIGHT LAW D. Legal Challenges Elements include:
Harboring violation?
Plaintiffs’ claims
Elements include:
Knowledge of undocumented status
Intent to conceal
Action taken that “substantially facilitates” remaining in the US without detection
Clerks required to shield evidence of illegal imm
Issuing licenses will help imms evade detection
Notifying drivers is helping evade detection

14. 4. THE GREEN LIGHT LAW D. Legal Challenges
2. Preemption: info-sharing
By 8 USC 1373 and 1644
States/localities may not ban sharing “information regarding the citizenship or immigration status, lawful or unlawful, of any individual.”
Plaintiffs say:
Green Light ban on sharing info about drivers is tantamount to a ban on sharing “info regarding imm status”

15. 4. THE GREEN LIGHT LAW D. Legal Challenges
2. Preemption: employment By 8 USC 1324a Crime to hire undocumented workers
Plaintiffs say:
One purpose of Green-Light is to facilitate work, which is an obstacle to Congress’s policy.

16. 4. THE GREEN LIGHT LAW D. Legal Challenges
2. Preemption Is there standing?

17. 4. THE GREEN LIGHT LAW D. Legal Challenges Green Light Law:
3. Equal Protection
Plaintiffs say:
Noncitizens’ info is protected from disclosure in a way that citizens’ info isn’t
Green Light Law:
No disclosure to public of any driver’s records, or any ID docs to DHS
No disclosure to public of whether any driver has not-federal license
No retention of ID docs for Green Light applicants

18. For more information
Government Law Center immigration resources: Andy Ayers: