In our November 2, 2018 article entitled, "Should Illegal Immigrants have Driving Privileges?," we detailed the pros and cons of New York State's push to grant driver licenses to illegal immigrants. This effort will now become law next week in New York State, thanks to a federal court decision denying a challenge to the new law. Under the new law, illegal immigrants will be allowed to use foreign unverified documentation to "prove" their identity toward obtaining a driver license.
On its surface it would appear that having the new law go into effect is fair and just, in that a federal court ruled as much. However, what is not well known about the court's decision is that the challenge to the new law was denied on the basis that the Rensselaer County Clerk who brought the law suit did not have standing or the right to do so. In other words, the challenge was denied without any decision on the merits of the new law. While the judge may well have been justified in denying the case on a technicality, having a new law go into effect without any decision on the legal merits of the law is nothing short of a travesty of justice. This is especially true in that there are currently multiple other legal challenges to the new law pending in our courts. Notwithstanding, the new law will go into effect next week.
Unfortunately, this is just another example in a long list of ways New York State is changing against the will of its law abiding residents. It appears that New York State, under its current leadership, is determined to continuously increase the rights and entitlements of those here illegally while decreasing the rights of New York State's own legal residents. If the judicial branch of New York State is not allowed to determine the validity of a new law before it goes into effect, then the requisite vital balance of powers in our state arguably no longer exists. After all, not everything in our state should be done in the proverbial New York Minute.
Wishing all a very happy and healthy holiday season filled with gratefulness.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com