New York can issue driver's licenses to undocumented immigrants, judge rules

Jon Campbell | New York State Team

Show Caption Hide Caption Rochester immigrant speaks out for driver's licenses Victor Cortez, an undocumented immigrant from the Rochester area, speaks out at a rally in Albany on Tuesday, March 12, 2019.

ALBANY – A federal judge dismissed a challenge to New York's soon-to-take-effect law allowing undocumented immigrants to apply for driver's licenses, ruling Friday that the county clerk who filed the lawsuit didn't have standing to sue.

The 32-page ruling Friday from U.S. District Judge Elizabeth Wolford of Rochester allowed New York's "Green Light Law" to stand but did not rule on the merits of Erie County Clerk Michael Kearns' lawsuit, which argued that the state law approved this year conflicts with federal immigration statute.

Instead, Wolford's ruling found Kearns, the lead plaintiff, did not have legal standing to file the suit because he didn't adequately show he has been harmed by the law, a constitutional requirement.

"In other words, while (Kearns) may strenuously disagree with the Green Light Law, he is not the proper party to challenge its legitimacy because he has failed to establish an injury that is recognized under the law," Wolford wrote.

From August: Monroe County files suit over law that allows driver's licenses for undocumented immigrants

Major win for supporters

The ruling was a major victory for supporters of the law, which was approved by the Legislature and signed by Cuomo in June.

New York became the 13th state to allow undocumented immigrants to receive driver's licenses.

The law is scheduled to take effect Dec. 14, at which time immigrants will be able to use valid, foreign-issued documents — such as a passport — to prove their identity while applying for a driver's license.

But a second lawsuit filed by Rensselaer County Clerk Frank Merola, a Republican, remains pending in Albany federal court, and Kearns could choose to appeal Wolford's ruling. Either legal action could result in a court putting a pause on the law.

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Monroe County Executive Cheryl Dinolfo, a Republican who lost her bid for re-election Tuesday, also filed a challenge to the law in state Supreme Court.

Both lawsuits were filed against Gov. Andrew Cuomo, a Democrat whose administration will oversee the implementation of the law.

State Attorney General Letitia James, a Democrat whose office defended against the lawsuit, touted Wolford's decision Friday.

"Today’s decision reinforces our position all along — the Green Light law is legal and enforceable," she said in a statement. "The law aims to make our roads safer, our economy stronger, and allows immigrants to come out of the shadows to sign up as legal drivers in our state."

Kearns, a Democrat who ran on the Republican line, criticized the decision, calling it a "hollow" victory for James because the judge didn't rule on the merits of his arguments.

He said he is examining an appeal.

"If a county clerk can't bring this lawsuit, then who the hell can?" Kearns said in a statement.

The New York Immigration Coalition, which helped push for the Green Light Law, criticized Kearns for pursuing the lawsuit, calling it a "useless political stunt."

"With Judge Wolford ruling that Kearns lacked standing to even bring the case in the first place, maybe now he’ll be quiet, put his personal hatreds aside and do what he was elected to do — follow the law of the land when it goes into effect on Dec. 14 and begin issuing driver’s licenses to everyone deemed qualified," said Steven Choi, the group's executive director.

Kearns said he won't be issuing driver's licenses to immigrants in the country illegally, regardless of the ruling.

"If folks who are present in the Country illegally want to come to Erie County for a driver’s license, let me save them the trip: I will not be issuing a driver's license to illegal immigrants," he said.

JCAMPBELL1@gannett.com

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