BUFFALO, N.Y. (WBEN) - Despite all the challenges about its legality, the state's controversial Green Light Law will go into effect on Monday, meaning any New Yorker age 16 and older can apply for a standard driver's license or learner permit, regardless of their citizenship or lawful status in the United States.
Clerks across the state, who were vehemently opposed to the idea of giving anyone in the country illegally the ability to get a driver's licenses, are now required to issue the licenses under the law. They will reluctantly do so but will not without extra hurdles compared to an everyday transaction under the previous system.
Erie County Clerk Mickey Kearns is among the clerks who have opposed the law and said the training has been inadequate. He said last week he will personally review applications submitted by those seeking to take advantage of the Green Light Law.
Niagara County Clerk Joe Jastrzemski said he has no choice but to comply with the law and said that any Green Light Law transaction will be processed Tuesday through Thursday from 9:30 a.m. to 11:30 a.m. at the Lockport DMV Office because that is where his "most seasoned" staff are.
"In Niagara County, we have a tremendous amount of farms and with that said, we know there are a tremendous amount of fraudulent documents out there," Jastrzemski said. "If we're not sure whether these are good, legal documents, we're going to forward them onto the state and let the state handle them."
Other clerks, such as Allegany County's Rob Christman said he will not issue licenses to those without inappropriate paperwork.
"The training hasn't been significant enough," Christman said. "The bottom line is if we have a major problem, I will send them to the state department of motor vehicles and they will handle it. In Allegany County, they will not be issued."
While clerks have made no bones about their stance on the Green Light Law, Monday will be a refreshing day for those who have pushed for the Green Light Law's passage. In Buffalo, Jennifer Connor of the activist-group Justice for Migrant Families is among those who are excited that the law will take effect.
"I was able to see the entire (DMV training presentation) myself and I thought it was thorough and understandable," Connor told WBEN. "There's written documents to accompany it. I do think with anything new, there will be some adjustments but, to me, the guidelines are pretty clear on the process for someone to go apply for a license for the new law."
She's urging clerks to follow the law that they are constitutionally required to uphold. If they don't, or if they require those seeking a license under the law to go through extra steps deemed unnecessary, Connor suggested there could be a civil rights lawsuit filed against those clerks.
"I can't say what's going to happen but I can say that we're encouraging all people...don't spend your money at DMV's where the clerks are stating they are incapable of doing their jobs and unwilling to follow the law," she said. "Spend your money where people can say 'We're doing out jobs'.
The nearest state-run DMV is located in Syracuse.