Thread: County clerk sues Cuomo over illegal aliens driver’s license law

County clerk sues Cuomo over illegal immigrants driver’s license law

By Bernadette Hogan
July 9, 2019 | 9:45am | Updated


Michael KearnsAP

Erie County Clerk Mickey Kearns has filed a lawsuit against Gov. Andrew Cuomo for approving a controversial state law granting driver’s license privileges to illegal immigrants that would force county clerks to defy federal law.

The Green Light Bill passed the Senate 33-29 before Cuomo signed it into law June 17.

The case, which was filed in US Western District court in Buffalo, lists Cuomo, state Attorney General Letitia James and Department of Motor Vehicles Commissioner Mark Schroeder as defendants.

Kearns, a Democrat, claims he’s caught between a rock and a hard place.

He argued that the Green Light Law puts him in direct conflict with federal immigration law, but also puts his job at risk as Cuomo has the power to remove him from his position.

“As Clerk of the County of Erie, Mr. Kearns is required to carry out the Green Light Law. If he fails to do so he is at risk of enforcement or removal from office, or both by Governor Cuomo, Attorney General James, and/or Commissioner Schroeder,” the suit reads.

“But if Mr. Kearns carries out his duties under the Green Light Law, he faces the credible threat of criminal prosecution by federal authorities. Mr. Kearns, therefore, cannot carry out his duties under New York law without violating federal immigration law, and visa versa.”

Kearns argues that the law is unconstitutional and forces him to conceal records and information from federal authorities.

Even Gov. Cuomo said the legislation, which he approved, is “very questionable,” Tuesday during a WAMC ‘The Roundtable” interview.

“If the federal government sues for access to the database, or the FBI sues for access, or the Department of Justice sues for access and wins, that would be a different situation. That’s the question I posed to the Solicitor General and the Attorney General. Will we win?”

“You can’t be unwittingly subjecting yourself to federal deportation,” he added.

But Attorney General James poo-pooed the concern, insisting the law will stand in court and a warrant is needed to access the database.

“The Green Light law is well crafted and the Office of [the] Attorney General has concluded that it is constitutional. As the state’s attorney and chief law enforcement officer, my office will vigorously defend it,” she said in a statement.

Bill sponsors have argued the legislation brings immigrants “out of the shadows” and allows families to partake in everyday tasks like driving to school.

But Republicans and law enforcement critics contend the measure encourages voter fraud.

Polls show a majority of voters oppose giving driver’s licenses to illegal immigrants.

“The truth is that this misguided and dangerous law never should have been enacted in the first place. Democrats, especially those who represent the suburbs and Upstate New York, ignored the overwhelming majority of their own constituents who strongly opposed this policy,” argued state Senate GOP Leader John Flanagan (R-Suffolk).

Cuomo, James and Schroeder have 21 days to respond to the summons to appear in court.

https://nypost.com/2019/07/09/county...s-license-law/

Citing supremacy clause, NY clerk sues his governor

Tuesday, July 9, 2019
| Chad Groening, Billy Davis (OneNewsNow.com)



A county clerk in New York state is suing his governor over a new law that puts driver’s licenses in the hands of illegal aliens.

“It is a crime to conceal, harbor or shield an illegal alien,” Michael Kearns told Fox News. “And we do believe it's a violation of the supremacy law of the Constitution."

OneNewsNow reported in a June story that New York became the 13th state to authorize licenses for illegals after Gov. Andrew Cuomo signed the "Green Light Law" passed by the Democratic-controlled legislature.

Kearns represents Erie County, a western county that includes the city of Buffalo. Erie voted for Hillary Clinton over Donald Trump 50-44 in 2016.

Kearns told Fox News he is filing a federal lawsuit to challenge the new state law because it violates federal law, which means he and other county officials are breaking federal immigration law by following state law.

The supremacy clause states that federal laws supersede state laws if there is a conflict over legislation.

The county clerk's legal argument mirrors the ongoing predicament for local and state law enforcement in so-called “sanctuary” cities and even entire "sanctuary" states, where liberal officials instruct them to ignore federal immigration laws in order to protect illegal aliens from deportation.

Kearns pointed out to the cable news channel that Congress has passed the Real ID Act that requires American citizens to possess a Social Security card. But under New York’s law, he said, you don’t have to possess a Social Security card to obtain a driver’s license.

“So this is sending a terrible message, especially to senior citizens, to veterans, the people who are here legally paying taxes,” he said. “And they have a higher standard of proof to get a driver's license."

https://onenewsnow.com/legal-courts/...s-his-governor

"Kearns told Fox News he is filing a federal lawsuit to challenge the new state law because it violates federal law, which means he and other county officials are breaking federal immigration law by following state law.

The supremacy clause states that federal laws supersede state laws if there is a conflict over legislation."


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File suit against EVERY Governor and Mayor of every Sanctuary City and State and get them prosecuted, removed from office, fined and jailed!

Get those lawsuits filed now and keep the ball rolling on this! We must fight back now!

They are also embezzling our taxpayer dollars, misappropriating those funds, and using our money to harbor, aid, and abet illegal aliens!

That is their gripe about Trump using military dollars to build the wall. We are sick of this unrelenting invasion.

We are NOT paying taxes to fund illegal aliens. They are foreign citizens who have no right to be here, get them out of our schools.

We want them deported!!! Not rewarded!

No Asylum
No Refugee
No TPS
No Illegal Aliens
No Dream Act
No DACA
No Anchor Baby
No Funding Illegal Aliens
No Path to Stay


GET OUT AND GET IN LINE LIKE 2 BILLION PEOPLE ON THE PLANET WHO WANT TO COME HERE!

WE HAVE NO HOUSING FOR OURSELVES, CANNOT AFFORD OUR OWN HEALTH INSURANCE AND BILLS AND WE SURE AS HELL ARE NOT WORKING AND PAYING TAXES OUT OF OUR PAYCHECKS TO FOOT THE BILL FOR ILLEGAL ALIENS!!!

THIS IS OUTRAGES TO TAKE OVER $133 BILLION OF OUR MONEY AND FUND THIS LAWLESSNESS!!!

Should undocumented immigrants get driver's licenses in New York?
https://www.democratandchronicle.com...immigrants-get...

Jun 7, 2019 - Advocates said the bill is critical to providing rights to undocumented immigrants in the state. They estimated that 752,000 undocumented immigrants over the age of 16 in New York would be eligible to apply for driver's licenses, with 265,000 of them applying within the first three years...

Almost 1,000,000 in New York alone.

Do a sweep of that state and deport them all!!!

Their must be 8,000,000 in California!!!

N.Y. Monroe County joining fight to stop 'Green Light' bill

The ability of states to regulate who drives on their roadways dates back to the Model T with the 1916 Supreme Court decision regarding Frank J. Kane v the State of New Jersey, which found the state within its right to issue registration fees.

https://casetext.com/case/kane-v-new-jersey

States were further supported in regulating who drives in 1999 when the Ninth Circuit of the U.S. Court of Appeals, in the case of Donald S. Miller v the California Department of Motor Vehicles, ruled that there is no “fundamental right to drive.”