The New York law allowing undocumented immigrants to obtain driver's licenses that Gov. Andrew Cuomo signed into law last month is being challenged by the clerk of Erie County.
Michael Kearns filed a federal lawsuit on Tuesday, and told Fox News' "Fox & Friends" he intends to seek an injunction to keep the law from being implemented while the court hears his case.
"It's definitely unconstitutional and it puts the county clerks in New York state in a terrible position," he said. "We risk prosecution under federal law because it is a crime to conceal, harbor, or shield an illegal alien.
"I took an oath of office to uphold the state constitution and the constitution of the United States, so we do believe it's a violation of the federal law."
Kearns sent a letter to Erie County Attorney Michael Siragusa, informing him: "I will not be granting driver's licenses to illegal immigrants," according to The Buffalo News.
"After a review of the act, I am convinced that it is inconsistent with federal law. More importantly, however, complying with the act puts me and other county clerks in the untenable position of having to decide whether to uphold federal law or the newly enacted state law. I anticipate being sued in either event."
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