Judge dismisses lawsuit challenging New York illegal immigrant license
'11.11.2019'
Source: nypost.com
On November 8, a federal judge dismissed a lawsuit that challenged New York's new law that would allow illegal immigrants to apply and obtain a driver’s license. This publication writes New York Post.
Democrat Erie Mickey Kearns, District Secretary Erie Mickey Kearns, filed a lawsuit against State Governor Andrew Cuomo, New York Attorney General Letitia James, and Motor Vehicles Commissioner Mark Schroeder.
In the lawsuit, Kearns claims that issuing licenses will put him and other like-minded people in direct conflict with federal law
Rejection
On Friday, November 8, the judge rejected this argument. He ruled that Cairns did not prove that the law would really harm him. All that Kearns proved, according to the judge, was his personal disagreement with the new law.
“While the plaintiff may vehemently disagree with the green light law, he cannot challenge its legality because he was unable to establish damages recognized under the law,” wrote District Judge Elizabeth Walford of the Western District of New York.
She also added that mere disagreement with state law does not give the right to anyone, even an elected official, to interfere in the process of its adoption.
James supported this decision by writing on Twitter: “The law aims to make our roads safer and strengthen our economy. We will continue to protect him. ”
Plaintiff reaction
Kearns pointed out the judge’s inability to make a decision on the merits.
“The court refused to make a decision on the merits. According to the judge, "the doors of the federal court are not always open." If they are not open to deciding on the constitutionality of this law, then when the hell are they open? " - he declared.
Kearns also stressed that it is still not clear whether the green light law is constitutional. At the same time, he called any claim to victory on the part of the governor or the prosecutor general empty.
“The judge did not tell me that I should issue driving licenses to illegal immigrants. All we know is that county clerks across the state must wait to be prosecuted or removed from office. "
“The attorney general is celebrating his goal in the first quarter, but he made a big mistake,” he told the publication.
Recall that in June 2019, one of the New York state officials criticized the law passed on June 17 allowing illegal immigrants to apply for a driver’s license. According to the clerk, he "will not issue a driver’s license to illegal immigrants."
On the subject: Official in New York refused to issue a driver's license to illegal immigrants
In a letter from Erie County clerk Michael Cairns, sent on June 18 to lawyer Michael Syragusa, he asked the lawyer to represent his interests in a federal court in a lawsuit in a lawsuit against this law.
As reported, the bill, signed on June 13, should enter into force in December this year.
