BUFFALO, N.Y. — Erie County Clerk Mickey Kearns is not giving up his fight against the Green Light Law.
The Green Light Law allows undocumented immigrants to receive driver's licenses in New York State.
Kearns filed an appellate brief January 8 with the United States Court of Appeals for the Second Circuit in New York.
In November, U.S. District Judge Elizabeth Wolford dismissed Kearn's lawsuit against the state to try to keep the law from going into effect in December.
“This advances the litigation by asking the Second Circuit to find standing and allow a ruling on the merits. The Attorney General boldly claims the courts found the law to be legal but that’s blatantly false in light of these procedural dismissals.” Kearns said in a released statement. “The fact remains that the law is unconstitutional and I remain faced with the prospect of a harboring prosecution if I follow the Green Light Law and removal from office if I refuse to enforce such a high-profile piece of the Governor’s progressive agenda.”
New York State must respond before February 12.
