Suit filed over driver's licenses going to illegal immigrants


By KENNETH C. CROWE II, Staff writer
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Last updated: 12:56 p.m., Monday, October 22, 2007
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TROY -- Rensselaer County Clerk Frank J. Merola said he has sued the state Department of Motor Vehicles and Commissioner David Swarts to stop Gov. Eliot Spitzer's plan to issue driver's licenses to illegal immigrants.

Merola said he filed the lawsuit today in Albany County.

"The governor is not listening to the people; perhaps he may listen to the courts," Merola said.

"New York residents have stated loudly and clearly that we are not in favor of giving license to illegal aliens and all we get from the governor are lectures on how we are wrong, and that if we were as smart as he was, we would understand and support this policy," Merola said.

Thomas Gleason, a senior partner with the firm Gleason, Dunn, Walsh and O'Shea, will represent Merola.

The lawsuit alleges that the state DMV is in violation of the New York State Vehicle and Traffic Law Article 19 Section 502 that mandates a Social Security number for purposes of license issuance.

The suit seeks a restraining order against the state DMV's imposition of this policy as well as overturning the governor's policy change.

"I have stated from the beginning that Rensselaer County will not issue any licenses to those who cannot prove that they are in this country legally. I am filing this suit on behalf of the people of Rensselaer County to prevent this outrageous and dangerous policy change that poses a threat to the safety and security of New York residents," Merola said.