BUFFALO, N.Y. (WBEN) - Wednesday marks the first day that New York's controversial Green Light Law will be challenged in a federal courtroom.
The law would allow undocumented immigrants the ability to receive a driver's license in New York State. Advocates of the law argue that people in the country illegally are already driving and that giving them a license will allow them to receive the proper training and insurance that's needed to make the roads safer. Opponents of the law argue that illegal citizens do not have the right to receive a license that would then allow them other documents such as an enhanced licensed.
County clerks in the area have been opposed to the matter. Erie County Clerk Mickey Kearns is arguably the most outspoken opponent of the law because he said it put himself and other clerks at risk of prosecution from the federal government for helping a person in the country illegally.
"I'm happy we'll finally get our day in court," Kearns said.
The law was passed by the legislature in the final days of the 2019 session. Kearns is looking for Judge Elizabeth A Wolford to rule in favor of a preliminary injunction that would halt New York's implementation of the law that is scheduled to go into effect on December 14.
Kearns believes a win on a preliminary injunction would allow clerks a sigh of relief while the federal government intervenes on other state-related issues.
Erie County Executive Mark Poloncarz declined comment on the Green Light Law's court battle and referred us to the county attorney's office. Poloncarz reserved opining about the Green Light Law for several weeks but said in July that there are significant legal issues with the law and doesn't support it.
"My office has put a lot of work on this file," County Attorney Michael Siragusa said. "Ken Kirby in my office will be the lead arguer (Wednesday) along with Tom Navarro. My involvement has been reviewing all the papers that have been drafted, making suggestions, and making sure deadlines are met and the right arguments are being set forth. We're ready for (Wednesday)."
Kirby said the county will argue that provisions of the green light law infringe on the federal government's authority on immigration. Because of that, they believe it is legally unconstitutional.
Arguments begin at 10 a.m.
