The Trump Administration weighed in Thursday on a new law giving illegal immigrants driving rights in New York, calling aspects “legally suspect.”
The so-called “green light” law passed by the state Legislature in June would allow undocumented individuals to obtain driver’s licenses from the Department of Motor Vehicles. As of now, that law is set to take effect on Dec. 14.
But Rensselaer County Clerk Frank Merola filed a lawsuit challenging its merits, arguing that he and other clerks could be in direct violation of federal immigration law if they follow the state law.
Attorneys from the Department of Justice on Thursday voiced concern over certain constitutional aspects of the license law that may not stand up in court.
“The United States notes that there is a significant question whether the Act conflicts with federal law,” DOJ attorneys Joseph Hunt, Brigham Bowen and Charles Roberts wrote in the court filing submitted in an Albany federal court.
“The Act’s disclosure restrictions are wide-reaching and appear aimed at frustrating the federal government’s enforcement of the immigration laws.
“The Act specifically prohibits disclosing records or information to federal immigration authorities—singling out ICE and CBP by name—absent a court order or warrant signed by an Article III judge,” they argued in the memorandum of support of the plaintiff.
Certain aspects of the new law prohibit inquiries into immigration status, and bans the state DMV from sharing personal information including social security numbers, phone number, place of birth with the federal government and law enforcement unless ordered by a judge.
Merola insists federal immigration law usurps state and local law, but New York state attorneys contend the federal immigration laws are unconstitutional.
They also argue that Merola does not have the standing to sue, and the suit should be thrown out.
A separate, but similar lawsuit was rejected last month by another federal judge said the suit couldn’t prove how Erie County Clerk Mickey Kearns would be hurt by the new law.
“For me it’s a game changer,” Merola told The Post about the DOJ getting invovled.
“I think there’s a lot of flaws in the law and hopefully the judge sees that and we at least stop it before the 14th.”
The New York State Attorney General’s Office declined to comment.