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As we recently learned, New York Governor Andrew Cuomo signed a new bill into law allowing illegal aliens to obtain state drivers licenses, despite the measure being broadly unpopular among voters. Concerns over this measure holding the potential for voter fraud or access to public services by those not allowed to receive them were brushed off and the Democratic majority forced the measure through on party lines. But perhaps this isn’t the end of the story.
“As Clerk of the County of Erie, Mr. Kearns is required to carry our the Green Light Law. If he fails to do so he is at risk of enforcement or removal from office, or both by Governor Cuomo, Attorney General James, and/or Commissioner Schroeder,” the suit reads.
Mr - Kearns - Duties - Green - Light
“But if Mr. Kearns carries out his duties under the Green Light Law, he faces the credible threat of criminal prosecution by federal authorities. Mr. Kearns, therefore, cannot carry out his duties under New York law without violating federal immigration law, and visa versa.”
This is an interesting approach. A challenge to the law based solely on the argument that it’s unconstitutional has been seen as problematic because you’d have to find someone who could demonstrate damages from illegal aliens being issued licenses. But that’s not the approach that Kearns is taking.
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His argument is that he is placed in personal jeopardy by being one of the people who have to directly authorize the issuance of the documents. If he refuses to do so, the Governor could have him removed from office or potentially direct the DA to bring charges against him. But if he follows the new law and issues the...
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