Court Vacates Trump Administration Policy Targeting New Yorkers by Denying Global Entry

Trump Administration Admitted to False Statements in Legal Battle
Over Trusted Traveler Programs, Following AG James’ Lawsuit

NEW YORK – New York Attorney General Letitia James today released the following statement after the U.S. District Court for the Southern District of New York granted Attorney General James’ motion for a summary judgment and vacated the Trump Administration policy that attempted to prohibit New Yorkers from enrolling or reenrolling in the federal government’s Trusted Traveler Programs (TTP):

“Our lawsuit against DHS was always about stopping the president’s politically-motivated and retaliatory rule, which sought to punish New York for enacting its own state laws. Today’s decision will restore Global Entry and other Trusted Traveler Programs to New Yorkers and marks a major victory for travelers, workers, commerce, and our state’s economy. We will continue to defend New York’s sovereign rights and will fight to protect our state’s residents.”

In today’s order, the court concluded that “by making a decision that may well have been pretextual, and was certainly arbitrary and capricious, Defendants undermined the ‘core constitutional and democratic values’ underlying the APA” (Administrative Procedure Act). The court went on to state it would be “hard to imagine that” the Trump Administration would have admitted its “legally indefensible” decision had they not faced the “‘thorough, probing, [and] in-depth review’ that they faced by virtue of Plaintiffs' lawsuits.”

Attorney General James filed a lawsuit against the U.S. Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), and the two agencies’ acting-leaders in February after the agencies announced they would end a number of Trusted Traveler Programs in New York, including Global Entry, SENTRI (Secure Electronic Network for Travelers Rapid Inspection), NEXUS, and FAST (Free and Secure Trade).