Erie County Clerk Michael "Mickey" Kearns took his first legal step to fight a new state law that allows immigrants in the country illegally to obtain a New York State driver's license.

Kearns sent a letter to the Erie County Attorney's Office on Tuesday seeking legal representation.

"As I understand it, this Act requires that, as an agent of the Department of Motor Vehicles, I will be compelled to give driver's licenses to illegal immigrants," he wrote. "I will not be granting driver's licenses to illegal immigrants."

He wants a legal determination from federal court as to what his rights are as clerk and whether he could be compelled to enforce the state law over what he views as a violation of federal law.

"I anticipate being sued in either event," Kearns wrote to County Attorney Michael Siragusa. "As a result, I intend to file a declaratory action in the United States District Court challenging the law as applied to the Erie County Clerk, and I request your representation in this lawsuit and in supporting the Constitution and the laws of the United States."

Kearns said the letter had been hand-delivered to the county attorney Tuesday morning and that he has not spoken with Siragusa about whether the county would represent him.