Legislation that would allow undocumented immigrants to obtain driver's licenses in New York is set to be reviewed by New York Solicitor General Barbara Underwood and staff from the Attorney General's Office to see if it could put the identifying information of those individuals in danger.

Gov. Andrew Cuomo said Monday he would ask Underwood to review the legislation to make sure federal immigration officials won't be able to freely access state records to target undocumented immigrants.

“We can't destroy Department of Motor Vehicle data, so that's the legal challenge,” Cuomo said. “I'm going to be asking the solicitor general in the Attorney General's Office, who does the legal opinions for the state of New York, to review the law and assure us that the federal government will not be able to access the information or subpoena the information.”

Legislation that would allow undocumented persons to obtain a driver's license passed the State Assembly last week, and is expected to pass the State Senate later Monday. Senate Majority Leader Andrea Stewart-Cousins, D-Westchester, called the bill “the right step forward” in a statement.

“By passing this needed legislation, we are growing our economy while at the same time making our roads safer,” Stewart-Cousins said. “This is the right step forward for New York State as we continue to advocate for comprehensive immigration reform on the federal level.”

But the legislation will have to clear another hurdle before it becomes law. Cuomo warned Monday that lawmakers could be unintentionally creating a path to deportation for thousands of undocumented immigrants if the driver's licenses bill isn't carefully written.

“We have to write a law that does not have an unintended consequence. That's what the smart people are worried about,” Cuomo said. “In other words, you could be creating a database for the feds to use to actually track down undocumented people. That's the balance, this is a legal question more than anything else.”

Cuomo did not say outright that he would veto the legislation if Underwood came back with a cautious analysis of the measure, but he said he would rely on whatever conclusion she came to on the consequences of the bill.

“She's a top-notch lawyer and I feel confident relying on her opinion and I believe the Legislature should too,” Cuomo said.

The legislation, as currently written, already sets restrictions on when any identifying information of applications could be made accessible to federal immigration authorities. They would need either a lawful court order, a warrant signed by a federal judge, or a subpoena for individual records, according to the bill.

The timing for Underwood's review was not immediately clear; Cuomo had implied he would ask her to analyze the legislation before it's approved by both houses. But then the Senate announced it would be voting on the legislation later Monday.

State Sen. Luis Sepulveda, D-Bronx, a sponsor of the bill, said Cuomo's concerns were never mentioned to him or other supporters of the bill before today.

“I don't know what the governor's motivation is. I can tell you we commenced these questions with the governor's office back in January and none of these concerns were relayed to us,” Sepulveda said. “Why now? I don't know, you'd have to ask the governor.”

Supporters of the legislation, who were in Albany to push the bill across the finish line Monday, were critical of Cuomo's plan, noting that the bill already has strong measures to protect the information of applicants. Murad Awawdeh of the New York Immigration Coalition said the bill would actually create a more secure program than in other states that have taken similar action.

“The Green Light NY bill has the strongest data protections in the bill than any other state that has given undocumented folks the right to drive,” Awawdeh said.

Officers from U.S. Immigration and Customs Enforcement would not be able to use an administrative warrant to obtain identifying information from the state Department of Motor Vehicles, for example. That warrant would have to come from a judge.

The DMV also would not retain copies of any source documents used by immigrants who apply for a license, Awawdeh said. The agency also wouldn't be allowed to ask about citizenship or immigration status of applicants, which would theoretically protect individuals from federal officials.

The potential conflict hasn't been the main obstacle to bringing the legislation over the finish line. Lawmakers elected in suburban districts, notably Long Island, have worried about the possible political implications of the legislation. That's stalled the bill from coming to the floor in the state Senate.

A recent Siena College poll found that a slim majority of New Yorkers oppose allowing undocumented immigrants to obtain driver's licenses from the state.

This year's legislative session is scheduled to end Wednesday, though lawmakers could choose to stay in town to wrap up any loose ends.

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