2nd Circ. Says Clerk's Green Light Suit Lacks Standing

Law360 (November 30, 2020, 5:11 PM EST) -- A Second Circuit panel ruled Monday that a county clerk lacks grounds to sue New York over a law that allows undocumented immigrants to apply for driver's licenses and shields their records from federal immigration authorities.

A trio of judges found there was no credible risk that Erie County Clerk Michael Kearns could be prosecuted under federal law for potentially issuing a license to an undocumented immigrant while adhering to New York's Green Light Law. Federal law expressly allows states to issue standard licenses without verifying whether drivers are lawful residents, the panel said.

"It is implausible — indeed inconceivable —...

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