An effort to stop New York state from enforcing its new law that will allow undocumented immigrants to obtain driver's licenses starting next week was rejected by a federal judge in Albany, who said county clerks wouldn't be harmed by the measure.

U.S. District Judge Gary Sharpe of the Northern District of New York on Friday threw out a legal challenge against the measure brought by Rensselaer County Clerk Frank Merola.

But Sharpe, in the decision, did not declare New York's law constitutional. He appeared, in fact, to be skeptical as to whether the measure would survive judicial review. He opined that, in this case, he couldn't make such an evaluation.

"It should be noted that cases like this one, where the court is constrained to dismiss without deciding the legal issues at play—here, a challenge to [the law]—does not mean in the vernacular that the 'law is legal,' despite what any politician may claim," Sharpe wrote.

"Indeed the court has not and cannot pass upon that question no matter how compelling the arguments are on one side or the other," he continued.

Sharpe wrote that he was forced to toss the lawsuit because Merola lacked the capacity as a county clerk to challenge the measure. Under state law, municipalities and their officers, including county clerks, usually can't sue to overturn legislation, he wrote.

There is at least one exception to that rule. Municipal officials can challenge state laws in court if they appear to violate a "constitutional proscription," Sharpe wrote.

Merola had alleged such a proscription, or restraint, in his lawsuit, claiming the law would cause his office to unlawfully allow undocumented immigrants the ability to register to vote in New York. Supporters of the law have rejected that argument.

The law, called the Green Light Law, will allow undocumented immigrants to obtain specialized driver's licenses from their local county clerks, starting Monday. Those licenses can be used as a form of identification and to drive a personal vehicle.

Merola had argued in recent court filings that both he, and the staff at his office, would be implicated in breaking federal law by complying with the statute because the licenses could, theoretically, be used by immigrants to register to vote in New York.

Sharpe rejected that argument, saying neither Merola nor his staff would be breaking the law by granting those licenses to undocumented immigrants. It would be the immigrants, he argued, that would be acting unlawfully if they tried to register to vote.

"Any prospective non-citizen voter licensed to drive under the [Green Light Law] would have to affirmatively lie about his or her eligibility to vote," Sharpe wrote. "Ultimately, the county board of elections is tasked with review and examination of voting applications and verification of the applicant's identity."

Merola, in a statement Friday afternoon, said he was disappointed in Sharpe's ruling but wasn't planning to stay quiet about the law. 

"I am disappointed, and hopefully, this is only a setback. We will continue to fight to be heard," Merola said. "This is a matter of conscience for me, and something I do not take lightly. I say this as a citizen whose wife is an immigrant and naturalized citizen of this country."

Merola was the second county clerk in New York to sue over the law. The first lawsuit, brought by Erie County Clerk Michael Kearns, was thrown out last month.

But even with both lawsuits now dismissed, the state's legal troubles over the measure are far from over.

Kearns has appealed the decision throwing out his lawsuit to the U.S. Court of Appeals for the Second Circuit. Any decision from the Second Circuit would also be binding for Merola's litigation since both courts involved fall under its jurisdiction.

The Green Light Law was approved by the state Legislature in New York earlier this year along party lines, with Democrats in support. It was also supported by Gov. Andrew Cuomo.

The new law will allow undocumented immigrants to obtain limited driver's licenses in New York state. The licenses may not be used to board a plane or register to vote, among other limitations. Applicants will be required to pass the same tests used for regular licensing.

Applicants will also be afforded certain protections when they seek a license under the law. Federal immigration authorities will not be allowed to seek the personal information of applicants without a warrant from a federal judge. Applicants also will not be asked if they are U.S. citizens.

The new law also requires county clerks and their staff to notify applicants within three days if their personal information is requested by federal immigration authorities. The provisions are designed to avoid exposing undocumented immigrants to federal law enforcement actions. 

The Trump administration called those provisions "legally suspect" in a court filing last week. 

New York Attorney General Letitia James defended the law's constitutionality in a statement Friday afternoon and said the state expects local officials to comply with the measure.

"The Green Light law is legal and enforceable, and two separate federal courts have now already dismissed the meritless claims of two county clerks," James said. "We expect all public officials to comply with the law, and, as the state's attorney and chief law enforcement officer, I will continue to vigorously defend it."

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