New York state is blocking some police agencies from accessing certain Department of Motor Vehicle records, according to sources in contact with Spectrum News.
That includes police agencies securing the country’s borders. Sources say U.S. Customs Border Patrol was blocked from accessing the DMV records when the Green Light Law took effect.
That law allows undocumented immigrants to get a driver's licenses, register vehicles, and insure their cars.
The state does not want its DMV information handed over to ICE and other immigration and border patrol authorities.
Gates Police Chief James VanBrederode reluctantly signed the certified DMV Photo System agreement.
"The Town of Gates had no desire to get in the middle of this argument. We had no desire to be put in the middle of this thing…. all of the sudden we’re thrust into this national debate on immigration. This is not fair. It's dirty. And it's so unethical," VanBrederode said.
One U.S. Customs Border Patrol agent speaking on the grounds of anonymity said that if agents come across a suspicious vehicle, they will now be unable to learn about the registered owner, including if the driver could be wanted on any warrants or if the vehicle is stolen. The agent says it impacts the safety of the agents.
Under the Green Light Law, no DMV data of any kind can be shared with an agency that primarily enforces immigration law, including ICE, Customs & Border Protection, and Citizenship and Immigration Services.
The updated agreements are meant to further ensure that other agencies with access to DMV data do not disclose that information to agencies like ICE.
"In that document they specifically laid out that we are not, upon request by these federal agencies, we are not to share with them any of the data from the department motor vehicles computer," VanBrederode said.
Green Light supporters say the law will make the community safer by allowing undocumented immigrants to be able to travel to and from work to support their families.
But critics say it hampers the ability of local and federal law enforcement to work in cooperation to investigate crime.
"It's very disturbing as a public servant. We all took an oath to serve our communities and do the best job we could to keep our community safe. And then you see something like this coming across your desk, and it just stinks of politics and it puts your local police department in the middle of this fight between the state of New York and the federal government. And unfortunately, you have the public out there, who ultimately are the victims of all of this," VanBrederode said.
A Department of Homeland Security spokesperson says the Trump Administration takes the mission of protecting the Homeland very seriously and calls this a short-sighted policy that endangers communities and puts people at risk.
“Laws like New York’s Green Light Law have dangerous consequences that have far reaches beyond the DMV,” according to a statement to Spectrum News from the DHS. “These types of laws make it easier for terrorists and criminals to obtain fraudulent documents and also prevent DHS investigators from accessing important records that help take down child pornography and human trafficking rings and combat everything from terrorism to drug smuggling.”
The New York State Division of Criminal Justice Affairs says, as of Wednesday, 45 police agencies throughout the state have not signed the agreement, out of a total of 527 agencies statewide.
"So now in 2020, you know, we're presented with this document that has just the opposite of what law enforcement has been doing over the last 19 years, since 9/11, taking away our ability to communicate with our partners from the federal side, who do have the power and authority to enforce those laws,” VanBrederode said.