NY Law Allowing Driver's Licenses for Undocumented Immigrants Sees Federal Court Challenge
Erie County Clerk Michael Kearns argued in the lawsuit that the Green Light Law conflicts with federal immigration law, and therefore would make it a crime for him to approve driver's licenses for undocumented individuals.
July 09, 2019 at 12:10 PM
6 minute read
A new law in New York that allows undocumented individuals to obtain driver's licenses is being challenged in federal court by Erie County Clerk Michael Kearns, who argued in a lawsuit filed Tuesday that the statute is both unconstitutional and puts him in an impossible situation.
Kearns claimed in the complaint that the so-called Green Light Law is preempted by federal immigration law and, therefore, unenforceable at the state level.
He's represented in the litigation by the Erie County Attorney's Office. The lawsuit was filed in the U.S. District Court for the Western District of New York, which rarely sees such high-profile civil litigation.
Kearns is hardly alone in his opposition to the bill; a handful of other county clerks in the state have also voiced criticism of the measure, though Kearns is the only plaintiff in the suit to be filed Tuesday.
The litigation is targeted at Gov. Andrew Cuomo, New York Attorney General Letitia James, and Mark Schroeder, the current commissioner of the state Department of Motor Vehicles. Cuomo's office deferred comment to the state Attorney General's Office.
James vowed to defend the law in court last month in a surprise statement after Cuomo had expressed concerns over U.S. Immigration and Customs Enforcement possibly using data from the program to track and locate undocumented individuals for deportation. He ended up signing the bill after James said her office found it constitutional.
James, in a statement Tuesday, said her position on the legislation hasn't changed.
“The Green Light law is well crafted and the Office of Attorney General has concluded that it is constitutional,” James said. “As the state's attorney and chief law enforcement officer, my office will vigorously defend it.”
Now, Kearns is challenging that interpretation in a relatively straightforward way. He argued in the lawsuit that the Green Light Law conflicts with federal immigration law, and therefore would make it a crime for him to approve driver's licenses for undocumented individuals.
That argument is based on the Supremacy Clause of the U.S. Constitution, which preempts state laws that appear to regulate an area where the federal government has been determined to have exclusive jurisdiction, such as immigration.
The complaint points to a section of federal law, 8 U.S.C. §1324, that makes it a felony for someone “knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place.”
At the same time, the complaint said, Kearns could be removed from office by Cuomo if he doesn't agree to grant driver's licenses to undocumented individuals. Cuomo has the power to do so under state law.
“If [Kearns] implements the Green Light Law, he risks prosecution under a federal statute that makes it a crime to conceal, harbor, or shield from detection an individual illegally in the United States. If he fails to implement the Green Light Law, he risks retaliation by Defendants, including removal from office,” the lawsuit said. “Something must give.”
Kearns also claimed that the law conflicts with the Immigration and Reform Control Act, a federal law that essentially bars employers from knowingly hiring undocumented immigrants, unless they have an appropriate visa.
He pointed to public comments made by supporters of the bill, who have said the legislation would allow undocumented individuals to more easily travel to and from work. A sponsor of the bill said as much in a press release after it passed, for example.
“This legislation allows for undocumented immigrant New Yorkers, who contribute to our state economy in so many ways, to drive safely to and from school, work, and home,” said Assemblyman Marcos Crespo, D-Bronx, last month.
That's part of why Democrats proposed the bill in the first place. They've argued that undocumented individuals are already driving now—but without a license. The law, they've said, will allow them to go through the same process as other New York residents to become licensed drivers.
There was also an argument made during discussions on the bill that it would make roads safer by requiring undocumented individuals to register and insure the vehicles they're driving. They would also be able to use the licenses as a form of identification when needed.
There were concerns, largely from Cuomo, that the identifying information of undocumented individuals obtained by the state would be mined by the federal government for purposes of deportation. The legislation appeared to address that issue by precluding the release of that data without a court order, judicial warrant or subpoena.
But Cuomo warned during a radio interview Tuesday morning that the federal government could bring its own lawsuit against the state seeking easier access to state data on immigrants who've applied for a license.
“Can you stop the federal government from accessing the data?” Cuomo said. “I believe that's going to be a lawsuit. The solicitor general and the attorney general say we can win. I hope they're right.”
Republicans in the state Legislature had expressed different concerns, namely over their position that the law would undermine public safety. Senate Republican Leader John Flanagan, R-Suffolk, cheered the lawsuit filed by Kearns on Tuesday and echoed his arguments against the measure.
“The bill Democrats approved last month to allow illegal immigrants to obtain driver's licenses rewards lawbreakers and flouts federal law by preventing legitimate immigration enforcement, which the Senate sponsor bragged about on the very same night the bill was taken up by our chamber,” Flanagan said. The bill was sponsored by Sen. Luis Sepulveda, D-Bronx.
Kearns, through the suit, is seeking to have the federal court rule the Green Light Law unconstitutional on its merits and enforce a permanent injunction against state officials implementing the statute. It's scheduled to take effect in December, according to the bill.
READ MORE:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCourt System Names New Administrative Judges for New York City Courts in Leadership Shakeup
3 minute readRetired Judge Susan Cacace Elected Westchester DA in Win for Democrats
In Eric Adams Case and Other Corruption Matters, Prosecutors Seem Bent on Pushing Boundaries of Their Already Awesome Power
5 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250