District Judge Jesse Furman wrote that the disclosure, which came in a letter from the acting federal prosecutor, of inaccurate statements made in the case was “deeply troubling.”
Furman said the government did not even “pretend to provide” a complete list of false statements, ordering additional documentation.
The admission of false statements came the same day the department announced it will allow state residents to participate in the program again. DHS blocked New Yorkers from the program due to the provisions of a state law that protects information from undocumented immigrants applying for driver’s licenses, arguing that New York was unique in blocking access.
However, several other states, whose residents can participate in the Trusted Traveler Programs, currently do not provide federal authorities with full access to applicants’ records, the court filing last week noted.
The federal government’s move in February to ban New Yorkers from the programs came at a time when President Donald Trump was criticizing efforts by Democratic officials to limit cooperation between local and state police authorities and federal authorities in immigration.
“It was all politics, all the time. It was all exploitation, all the time. And they hurt this state because of it,” Cuomo said at a press conference. “You cannot use the government for political exploitation.”
Two key Democratic lawmakers announced last week that they were opening a congressional investigation into the matter. “It appears that DHS officials made false statements to Congress, an intolerable turn of events for a federal law enforcement department,” representatives Bennie Thompson of Mississippi and Kathleen Rice of New York said in a statement.
The government has until August 12 to submit the full list of all “inaccurate or misleading statements or representations,” as well as a detailed explanation of who made the statements and how the department discovered they were inaccurate.
Furman’s order is part of a “limited investigation” into revelations that the government made false statements in the case. It will be used to determine if additional court review is needed.
CNN’s Devin Cole and Priscilla Alvarez contributed to this story.
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