Citing supremacy clause, NY clerk sues his governor

Tuesday, July 9, 2019
Chad Groening, Billy Davis (

Michael Kearns (NY clerk)A county clerk in New York state is suing his governor over a new law that puts driver’s licenses in the hands of illegal aliens.

“It is a crime to conceal, harbor or shield an illegal alien,” Michael Kearns told Fox News. “And we do believe it's a violation of the supremacy law of the Constitution."

OneNewsNow reported in a June story that New York became the 13th state to authorize licenses for illegals after Gov. Andrew Cuomo signed the "Green Light Law" passed by the Democratic-controlled legislature.

Kearns represents Erie County, a western county that includes the city of Buffalo. Erie voted for Hillary Clinton over Donald Trump 50-44 in 2016.

Kearns told Fox News he is filing a federal lawsuit to challenge the new state law because it violates federal law, which means he and other county officials are breaking federal immigration law by following state law.

The supremacy clause states that federal laws supersede state laws if there is a conflict over legislation.

The county clerk's legal argument mirrors the ongoing predicament for local and state law enforcement in so-called “sanctuary” cities and even entire "sanctuary" states, where liberal officials instruct them to ignore federal immigration laws in order to protect illegal aliens from deportation.

Kearns pointed out to the cable news channel that Congress has passed the Real ID Act that requires American citizens to possess a Social Security card. But under New York’s law, he said, you don’t have to possess a Social Security card to obtain a driver’s license.

“So this is sending a terrible message, especially to senior citizens, to veterans, the people who are here legally paying taxes,” he said. “And they have a higher standard of proof to get a driver's license."

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