They could simply require explicit consent, but this is CBP and DHS want carte blanche access to all D/Ls all of the time for all people irrespective whether they're application to the GE and TTP. Essentially DHS and CBP want to pick up anyone they think is illegal and send them to concentration camps, and because NY has stated that they won't provide such information to organizations not involved in road and driver safety they've decided that they want to try to punish all New Yorkers. I can't imagine this withstanding any kind of scrutiny - legislation of DMVs have repeatedly been found to be a state right, and the constitution prohibits federal agencies from having different policies for different states (that's why the voters rights act got killed).