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Niagara County clerk may not follow Green Light Law

Instead, Joseph Jastrzemski may refer any undocumented immigrant who applies for a driver's license to state-run DMV offices.

NIAGARA FALLS, N.Y. — In just two days, the controversial Green Light Law goes into effect. That law lets undocumented immigrants apply for driver's licenses.

The clock is ticking on the start of the Green Light Law.

Thursday in State Supreme Court in Niagara Falls, Niagara County officials stood toe to toe with the state Attorney General's Office, looking to get the Green Light Law halted or delayed.  

"This is not partisan on behalf of Niagara County. This resolution to go forward with this was brought by unanimous vote of the legislature, both Republicans and Democrats," Niagara County Attorney Claude Joerg said.

Their concerns with allowing undocumented immigrants to get driver's licenses? They say it's a path to possible voter fraud, and it allows them identification to access secure places. 

"I'm concerned about giving a document, a driver's license that looked just like mine, and going to be able to board a plane from now until October 1st, 2020, (to) go into a federal building," Niagara County Clerk Joseph Jastrzemski said. 

In court, lawyers with the Attorney General's office assured people the Green Light Law does not allow undocumented immigrants to vote. They're not U.S. citizens. 

2 On Your Side also learned that next week, when the law is in effect, the Niagara County clerk is considering not following it, and referring any undocumented immigrants seeking a license to a state-run DMV.

Attorneys for the county claim they had an agreement in principle with the state, that if Jastrzemski followed through with this that neither he or his employees would be penalized. 

But during the hearing, the state's assistant solicitor general said it's possible the clerk's office could suffer repercussions.

Was the notion of possibly being removed from office or his duties as clerk a concern to Jastrzemski? 

"Sure, it's a concern I have. What my main concern is, not just for me but my staff as well, that we have had such a lack of training in regards to what we have to implement," Jastrzemski said. 

2 On Your Side emailed and called the state Attorney General's Office to see if this deal was in place. We have yet to hear back. 

Judge Frank Caruso did not issue an opinion on this lawsuit, or on the state's motion to dismiss the lawsuit. 

Instead, he scheduled a follow up court date next month. 

Attorneys for Niagara County say they may ask for a temporary injunction next week.

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