Feds: Talks with NY on traveler programs 'look promising' 

ALBANY — The Trump administration on Thursday said discussions with the state to restore New Yorkers to trusted traveler programs that will allow them to move more quickly through airport security checkpoints “looks promising.”

It was the first crack in the monthlong stalemate between the federal Department of Homeland Security and Gov. Andrew M. Cuomo. The federal department stopped accepting new members or reenlisting current members from New York into several trusted traveler programs in February.

The decision was a reaction to the state’s new Green Light Law. Beginning Dec. 14, the law has provided driver’s licenses to people living in the country illegally. The law also barred federal immigration enforcement agencies from using the state’s driver’s license database to find and deport people in the country illegally.

The federal Department of Homeland Security said it needs the full database for its enforcement of violent felonies as well as immigration law. Cuomo, however, has refused to provide access to the full database to protect immigrants from what he calls harsh and unfair treatment by federal immigration agents.

Last week, Cuomo offered to provide the full database to Homeland Security, the Immigration and Customs Enforcement agency and the Customs and Border Protection agency, but with a catch. Cuomo said he would release the data, but without reference to whether a driver had or didn’t have a Social Security number. Lack of a Social Security number is a reliable indicator that the driver isn’t in the country legally.

“The governor’s proposal to restore ICE and CBP access to DMV data while withholding Social Security numbers looks promising,” Chad Wolf, acting director of homeland security, said in a statement. “We are in discussions with the governor’s office regarding this proposal.”

The governor’s reaction was reserved, in part because Cuomo had offered the proposal privately weeks ago in a meeting with President Donald Trump, but it wasn’t accepted then.

"We are hopeful that the Department of Homeland Security is fair and open minded,” Cuomo spokeswoman Dani Lever said. “The governor's position is clear. New York will not share the DMV database with any law enforcement agency for immigration purposes, but will allow access for applicants to the Trusted Traveler Program. We are also exploring eliminating any Social Security numbers from the DMV database and increasing penalties so there is no possibility of misuse."

Those penalties could be assessed against law enforcement officials who share the full database with federal immigration officials in violation of the state Green Light Law.

Lever referred to Cuomo’s first compromise offer: He had said he would provide driver’s license records to Homeland Security upon request, but only for New Yorkers who applied for the trusted traveler programs such as Global Entry, which are available only to proven U.S. citizens. At least 175,000 New Yorkers, mostly business travelers frequently flying abroad, are in the programs.

The popular TSA PreCheck program at airports isn’t part of the federal ban on New Yorkers in trusted traveler programs.

The state is suing to reverse the federal decision on trusted traveler programs, calling it a politically motivated and arbitrary action prohibited by law.

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.