Chairman Nadler Condemns Suspension of Global Entry and Trusted Traveler Programs in New York, Demands Answers from DHS & CBP
Washington, D.C. – Today, House Judiciary Committee Chairman Jerrold Nadler (D-NY) released the following statement condemning the Department of Homeland Security (DHS)’s decision to suspend enrollment in Global Entry and several other Trusted Traveler Programs (TTP) for all New York state residents, and delay the exporting of used vehicles titled and registered in New York State:
"The Trump Administration’s decision to exclude New Yorkers from Global Entry and other Trusted Traveler Programs is an outrageous and retaliatory abuse of executive authority. If New York’s 'Driver's License Access and Privacy Act' truly prevented DHS from administering these travel programs, the federal government should have coordinated with state and local officials to develop a solution. Instead, the Administration announced this unilateral decision on Fox News.
"This decision is an affront to the rights of all New Yorkers. It is yet another example of the Trump Administration rewriting our immigration laws, and retaliating against states and localities who stand up for what is right."
February 6, 2020
The Honorable Chad Wolf
The Honorable Mark A. Morgan
Dear Acting Secretary Wolf and Acting Commissioner Morgan:
We write to express serious concern with the Department of Homeland Security’s (DHS) recent announcement preventing New York state residents from enrolling or re-enrolling in Customs and Border Protection’s (CBP) Trusted Traveler Programs (TTPs). On the evening of February 5, 2020, Acting Secretary Wolf gave an exclusive interview to Fox News where he announced DHS’s decision to punish New York state for passing the Driver’s License Access and Privacy Act. Acting Secretary Wolf followed up with a letter to the New York State Department of Motor Vehicles, stating the Department’s decision and citing to no legal authority.
DHS’s decision is yet another attempt to retaliate against states and localities that refuse to be commandeered by the federal government. From the earliest days of the Trump Presidency, this Administration has attempted to punish so-called “sanctuary” cities and states—localities that refuse to implement the President’s restrictive immigration agenda. Five days after his inauguration, President Trump issued an Executive Order threatening “appropriate enforcement action” and withholding of federal funds for various jurisdictions. In 2018, the Department of Justice (DOJ) sent letters to several jurisdictions threatening to subpoena documents relating to state and local law enforcement coordination with federal immigration authorities. Over the last two years, federal judges around the country have repeatedly barred this Administration from withholding federal funds from such jurisdictions. Now, unable to overcome these legal obstacles, this Administration has embraced a new, lawless path.
As noted, DHS cites to no legal authority in support of its decision to prevent New York residents from enrolling or re-enrolling in TTPs. Federal regulations relating to these programs, such as Global Entry and the Secure Electronic Network for Travelers Rapid Inspection (SENTRI), do not include any provision for categorical disqualification of applicants based on their state of residence.
With yesterday’s decision, DHS has barred millions—including those travelling to and from one of America’s financial hubs, New York City—from TTPs. These programs promote national security and efficient travel. Applicants undergo rigorous security screening, including a background check and submission of biometric information. This decision was not motivated by our national security interests, but instead by partisan politics and a blatant disregard for states’ rights.
We request answers to the following questions:
Thank you for your prompt attention to this matter.
 N.Y. Veh. & Traf. § 201 (2019).