BUFFALO, N.Y. — In a 19-page lawsuit, filed in US District Court Monday, Erie County Clerk Mickey Kearns is asking that the federal court do two things:
- Declare the green light law unconstitutional
- Issue an injunction
The injunction would order the plaintiffs in the suit; Governor Andrew Cuomo, NYS Attorney General Letitia James, and DMV Commissioner Mark Schroeder, not to implement and enforce the law.
The green light law is expected to go into effect in December, and Kearns has continually refused to issue driver licenses to undocumented immigrants through DMV offices in Erie County.
"We're caught in the middle," said Kearns when asked why he filed the suit. "Because do we violate federal law...or do we violate state law? State law...we're removed from office by the Governor or the Attorney General. Federal law...we're charged."
Although Kearns says he's confident the federal court will side with him, he did eventually admit he's willing to take this suit all the way to the Supreme Court if needs be.
Gov. Cuomo, James, and Schroeder have the next 21 days to respond to this complaint.
Related stories on WGRZ.com: