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UPDATE: Class action lawsuit over Global Entry moving forward against Trump Administration

April 27, 2020
4 min read
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UPDATE: Class action lawsuit over Global Entry moving forward against Trump Administration
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Hundreds of thousands of New Yorkers have officially joined the ongoing war with the Trump White House over the government's ban on participation by New York State residents in the Trusted Traveler program, including Global Entry. Acting Homeland Security Secretary Tom Wolf suspended their participation in February.

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Now a New York federal court has certified those New Yorkers as participants in a class action lawsuit against the federal government. All New Yorkers who had planned to, had enrolled in, or were trying to extend their Global Entry permissions are eligible as plaintiffs in the lawsuit challenging the ban.

The lawsuit argues the new policy was unconstitutional retribution against citizens for the state's so-called sanctuary policies. Those policies are designed to protect undocumented immigrants in the state from overzealous enforcement measures by federal immigration authorities.

(Photo by Chris Hondros/Getty Images)

The lawsuit is being brought by the New York Civil Liberties Union. In a statement first reported by Law360, Civil Liberties Union attorney Anthony Gemmell said, “The certification of the class of New Yorkers banned from Global Entry is an assuring step forward in our litigation.…The ban is arbitrary and discriminatory, and we’re confident our litigation will bring it to an end.”

The Trump Administration argues that New York's cutoff of federal access to DMV records prevents proper screening of applicants for the Global Entry, SENTRI, NEXUS and FAST programs. New York gives licenses to immigrants and is refusing to share that data with the feds.

Related: Top credit cards for Global Entry and TSA PreCheck

Lawyers and advocates point out that the data is available from other sources, including federal databases. New York Attorney General Letitia James says 13 other states have enacted similar sanctuary laws and haven't had their travel programs suspended.

James sued separately on behalf of the State of New York in February, saying, "The Trump Administration’s new policy not only negatively impacts travelers, workers, commerce, and our economy, but it jeopardizes public safety. No one should ever use our nation’s security as a political weapon, let alone the commander-in-chief.”

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The Trump Administration has asked the courts to throw out both lawsuits.

More than a quarter of a million New York residents had their applications in the trusted-traveler programs thrown out or will see their memberships end this year. There is some good news for New Yorkers: They are still being allowed to enroll in PreCheck although the COVID-19 pandemic has complicated that too.

If you are a New Yorker who has been affected, consider downloading and using Mobile Passport.

On The Points Guy, Emily McNutt created a step-by-step guide for Mobile Passport, and Zach Honig wrote about why you should — or shouldn’t — sign up for the fancier version of Mobile Passport.

Related: With Global Entry crackdown it’s now more important than ever to have Mobile Passport

Related: Global Entry enrollment suspended due to coronavirus

Related: Questions and answers about Global Entry freeze for New Yorkers

Featured image by THE POINTS GUY

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Apply for American Express® Gold Card
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Best for dining at restaurants
TPG Editor‘s Rating
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Rewards Rate

4XEarn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
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  • Intro Offer

    As High As 100,000 points. Find Out Your Offer.
  • Annual Fee

    $325
  • Recommended Credit

    Excellent to Good

Why We Chose It

There’s a lot to love about the Amex Gold. It’s a fan favorite thanks to its fantastic bonus-earning rates at restaurants worldwide and at U.S. supermarkets. If you’re hitting the skies soon, you’ll also earn bonus Membership Rewards points on travel. Paired with up to $120 in Uber Cash annually (for U.S. Uber rides or Uber Eats orders, card must be added to Uber app and you can redeem with any Amex card), up to $120 in annual dining statement credits to be used with eligible partners, an up to $84 Dunkin’ credit each year at U.S. Dunkin Donuts and an up to $100 Resy credit annually, there’s no reason that foodies shouldn’t add the Amex Gold to their wallet. These benefits alone are worth more than $400, which offsets the $325 annual fee on the Amex Gold card. Enrollment is required for select benefits. (Partner offer)

Pros

  • 4 points per dollar spent on dining at restaurants worldwide and U.S. supermarkets (on the first $50,000 in purchases per calendar year; then 1 point per dollar spent thereafter and $25,000 in purchases per calendar year; then 1 point per dollar spent thereafter, respectively)
  • 3 points per dollar spent on flights booked directly with the airline or with amextravel.com
  • Packed with credits foodies will enjoy
  • Solid welcome bonus

Cons

  • Not as useful for those living outside the U.S.
  • Some may have trouble using Uber and other dining credits
  • You may be eligible for as high as 100,000 Membership Rewards® Points after you spend $6,000 in eligible purchases on your new Card in your first 6 months of Card Membership. Welcome offers vary and you may not be eligible for an offer. Apply to know if you’re approved and find out your exact welcome offer amount – all with no credit score impact. If you’re approved and choose to accept the Card, your score may be impacted.
  • Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
  • Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
  • Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com.
  • Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
  • Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
  • $120 Uber Cash on Gold: Add your Gold Card to your Uber account and get $10 in Uber Cash each month to use on orders and rides in the U.S. when you select an American Express Card for your transaction. That’s up to $120 Uber Cash annually. Plus, after using your Uber Cash, use your Card to earn 4X Membership Rewards® points for Uber Eats purchases made with restaurants or U.S. supermarkets. Point caps and terms apply.
  • $84 Dunkin' Credit: With the $84 Dunkin' Credit, you can earn up to $7 in monthly statement credits after you enroll and pay with the American Express® Gold Card at U.S. Dunkin' locations. Enrollment is required to receive this benefit.
  • $100 Resy Credit: Get up to $100 in statement credits each calendar year after you pay with the American Express® Gold Card to dine at U.S. Resy restaurants or make other eligible Resy purchases. That's up to $50 in statement credits semi-annually. Enrollment required.
  • $120 Dining Credit: Satisfy your cravings, sweet or savory, with the $120 Dining Credit. Earn up to $10 in statement credits monthly when you pay with the American Express® Gold Card at Grubhub, The Cheesecake Factory, Goldbelly, Wine.com, and Five Guys. Enrollment required.
  • Explore over 1,000 upscale hotels worldwide with The Hotel Collection and receive a $100 credit towards eligible charges* with every booking of two nights or more through AmexTravel.com. *Eligible charges vary by property.
  • No Foreign Transaction Fees.
  • Annual Fee is $325.
  • Terms Apply.