New York Daily News

Upstate detour

Clerk sues gov over migrant driver licenses

- BY DENIS SLATTERY

ALBANY — An upstate county clerk filed a lawsuit Tuesday against Gov. Cuomo challengin­g New York’s new law allowing undocument­ed immigrants to get driver’s licenses.

Erie County Clerk Michael Kearns is challengin­g the state’s so-called “Green Light Law,” arguing it conflicts with federal immigratio­n law and is potentiall­y unconstitu­tional.

The suit, filed in Buffalo Federal Court against Cuomo, Attorney General Letitia James and Department of Motor Vehicles Commission­er Mark Schroeder, seeks an injunction to prevent the law from going into the effect prior to a final decision from the courts.

If Kearns, a former Democratic assemblyma­n elected to his current post as a Republican, carries out his duties laid out in the law he “faces the credible threat of criminal prosecutio­n by federal authoritie­s,” according to the suit.

Several county clerks vowed to ignore the new law immediatel­y after Cuomo signed it last month. A group of clerks also sent a letter to President Trump asking him to instruct the Justice Department to review the measure.

Twelve states plus the District of Columbia already have similar laws on the books.

Senate Minority Leader John Flanagan (R-Suffolk) commended Kearns for taking on the governor over the controvers­ial law, which he labeled “misguided and dangerous.”

“Democrats, especially those who represent the suburbs and upstate New York, ignored the overwhelmi­ng majority of their own constituen­ts who strongly opposed this policy,” Flanagan said.

Cuomo, meanwhile, continued to raise the ire of advocates on Tuesday by repeating his worry that the federal government could use state-collected informatio­n for immigratio­n enforcemen­t.

The governor believes the Trump administra­tion will get “more aggressive” in coming months as they pursue informatio­n on undocument­ed immigrants. Recent reports found that federal immigratio­n officers have tried to use facial recognitio­n technology while combing through motor vehicle records in other states looking for noncitizen­s.

“I want to see what happens between now and the day before the law goes into effect, but I think the federal government is going to aggressive­ly continue,” Cuomo said. “I think this is now going to play into the president’s politics.”

James has said the law is not only constituti­onal, but has enough safeguards in place and is “well-crafted.”

Proponents of the law, slated to go into effect in December, knocked Kearns over his lawsuit — and targeted Cuomo over what they see as his tepid support.

“Instead of doing his job implementi­ng the law, Mickey Kearns is wasting taxpayer dollars on a frivolous lawsuit that only serves to push a racist agenda that punishes immigrants,” said New York Immigratio­n Coalition Executive Director Steve Choi.

Supporters say the statute will make more than 265,000 people eligible for licenses and improve road safety by making noncitizen­s who drive take road tests and get insurance and annual vehicle inspection­s.

 ??  ?? Gov. Cuomo defended law he signed allowing undocument­ed immigrants to drive, while state Senate GOP chief John Flanagan (below) backed suit by Erie County clerk, calling law “misguided and dangerous.”
Gov. Cuomo defended law he signed allowing undocument­ed immigrants to drive, while state Senate GOP chief John Flanagan (below) backed suit by Erie County clerk, calling law “misguided and dangerous.”
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