UPDATE: Class action lawsuit over Global Entry moving forward against Trump Administration
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.
For more TPG news delivered each morning to your inbox, sign up for our daily newsletter.
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.
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."
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 Katherine Frey/The Washington Post/Getty Images.
TPG featured card
at American Express's secure site
Terms & restrictions apply. See rates & fees.
| 4X | 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. |
| 4X | 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. |
| 5X | New! Earn 5X Membership Rewards® points on prepaid hotel stays booked through AmexTravel.com or the Amex Travel App. |
| 3X | Earn 3X Membership Rewards® points on flights booked through AmexTravel.com, the Amex Travel App, or purchased directly from airlines. |
| 2X | Earn 2X Membership Rewards® points on prepaid car rentals booked through AmexTravel.com or the Amex Travel App and cruises booked and paid through AmexTravel.com. |
| 1X | Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases. |
Pros
- Valuable dining and food-related credits
- Flexible rewards with airline and hotel transfer partners
- Multiple travel and purchase protections
- No foreign transaction fees
- Access to Amex Offers for additional savings (enrollment required)
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 $8,000 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.
- New! Earn 5X Membership Rewards® points on prepaid hotel stays booked through AmexTravel.com or the Amex Travel App.
- Earn 3X Membership Rewards® points on flights booked through AmexTravel.com, the Amex Travel App, or purchased directly from airlines.
- Earn 2X Membership Rewards® points on prepaid car rentals booked through AmexTravel.com or the Amex Travel App and cruises booked and paid through AmexTravel.com.
- Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
- Pay It® lets you tap in the American Express® App to quickly pay for small purchase amounts throughout the month and still earn rewards the way you usually do. Plan It® gives you the option to split up big purchases into equal monthly payments with a fixed fee. You’ll know upfront exactly how much you’ll pay.
- Updated! $120 Dining Credit: Earn up to a total of $10 in statement credits monthly when you pay with the Gold Card at Grubhub (including Seamless), Buffalo Wild Wings, Five Guys, The Cheesecake Factory, and Wonder. This can be an annual savings of up to $120. Enrollment required.
- $100 Resy Credit: Get up to $100 in statement credits each calendar year at over 10,000 qualifying U.S. Resy restaurants after you pay for eligible purchases with the American Express® Gold Card. That’s up to $50 in statement credits semi-annually. Enrollment required.
- $84 Dunkin' Credit: Earn up to $7 in monthly statement credits after you pay with the American Express® Gold Card at U.S. Dunkin’ locations. Enrollment required.
- $120 Uber Cash on Gold: Enjoy up to $120 in Uber Cash annually with your Gold Card. Just add your Card to your Uber account and you'll get $10 in Uber Cash each month to use on orders and rides in the U.S. when you select an Amex Card for your transaction.
- New! As an American Express® Gold Card Member, you can enjoy complimentary Hertz Five Star® Status. Enjoy benefits like skipping the counter at select locations, adding an additional driver at no additional cost*, and vehicle upgrades**. Benefit enrollment and Hertz Gold+ registration are required. *Additional drivers must meet standard rental qualifications and must be a spouse or domestic partner to qualify as complimentary. Other additional drivers subject to fees. **Benefits are subject to availability and vary by location. Additional Hertz program Terms and Conditions including age restrictions apply.
- Take advantage of a $100 credit towards eligible charges* at over 1,300 upscale hotels worldwide when you book The Hotel Collection through AmexTravel.com or the Amex Travel App **. *Eligible charges vary by property. **The Hotel Collection requires a two-night minimum stay.
- Book your travel through the Amex Travel App with added peace of mind – backed by American Express® service and support. Only for American Express® Card Members.
- Whenever you need us, we're here. Our Member Services team will ensure you are taken care of. From lost Card replacement to statement questions, we are available to help 24/7.
- No Foreign Transaction Fees.
- Annual Fee is $325.
- Terms Apply.