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

April 27, 2020
4 min read
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)
(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

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Card Rating is based on the opinion of TPG‘s editors and is not influenced by the card issuer.
3 / 5
Go to review

Rewards Rate

6X6x Marriott Bonvoy Points on each dollar of eligible purchases at hotels participating in the Marriott Bonvoy® program.
4X4x points for purchases made at restaurants worldwide, at U.S. gas stations, on wireless telephone services purchased directly from U.S. service providers and on U.S. purchases for shipping.
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  • Intro Offer
    Limited Time Offer: Earn 125,000 Bonus Marriott Bonvoy Points after you use your new Card to make $5,000 in purchases within the first 3 months of Card Membership. Offer ends 5/3/23.

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  • Annual Fee

    $125
  • Recommended Credit
    Credit ranges are a variation of FICO© Score 8, one of many types of credit scores lenders may use when considering your credit card application.

    670-850
    Excellent/Good

Why We Chose It

The Marriott Bonvoy Business Amex is a stacked card with a rewards rate that will help you earn bonus points on everyday and business-related purchases. You'll earn 15 elite night credits each calendar year, and receive automatic Gold elite status. Finally, the free night award certificate with a redemption level of 35,000 points or less can get you hundreds of dollars in potential value each year.

Pros

  • 6 points per dollar on eligible purchases at hotels participating in the Marriott Bonvoy program
  • 4 points per dollar at restaurants worldwide, U.S. gas stations, wireless telephone services purchased directly from U.S. service providers and U.S. shipping
  • 2 points per dollar on all other eligible purchases
  • Earn a free-night award each card renewal month (up to 35,000 points)
  • Receive 15 elite night credits to jump-start status
  • Transfer Marriott points to 40+ airlines

Cons

  • Airline points transfer ratios are poor
  • Must spend $60,000 in a year for second free-night award
  • Limited Time Offer: Earn 125,000 Bonus Marriott Bonvoy Points after you use your new Card to make $5,000 in purchases within the first 3 months of Card Membership. Offer ends 5/3/23.
  • Receive a 7% discount off standard rates for reservations of standard guest rooms at hotels that participate in the Marriott Bonvoy program when you book directly. Terms and Conditions Apply.
  • 6x Marriott Bonvoy Points on each dollar of eligible purchases at hotels participating in the Marriott Bonvoy® program.
  • 4x points for purchases made at restaurants worldwide, at U.S. gas stations, on wireless telephone services purchased directly from U.S. service providers and on U.S. purchases for shipping.
  • 2x points on all other eligible purchases.
  • Receive 1 Free Night Award every year after your Card renewal month. Plus, earn an additional Free Night Award after you spend $60K in purchases on your Card in a calendar year. Awards can be used for one night (redemption level at or under 35,000 Marriott Bonvoy® points) at hotels participating in Marriott Bonvoy®. Certain hotels have resort fees.
  • Enjoy Complimentary Marriott Bonvoy Gold Elite Status with your Card.
  • Terms apply.