County Clerk Merola to Sue DMV for License Policy

Rensselaer County clerk Frank Merola announced Monday he will be filing a lawsuit against the New York state Department of Motor Vehicles seeking to prevent the DMV from implementing the new policy allowing illegal residents to obtain a driver's license.

DMV Commissioner David Swarts will also be named in the lawsuit.

"The Governor is not listening to the people; perhaps he may listen to the courts," Merola said in a statement. "New York residents have stated loudly and clearly that we are not in favor of giving license to illegal aliens... I am filing suit to prevent this travesty of a policy from being implemented."

The lawsuit will be filed in Albany County, and alleges that the state DMV is in violation of the New York state Vehicle and Traffic Law Article 19 Section 502 which mandates a social security number for purposes of license issuance.

Last month, Governor Spitzer approved changes to the licensing process that will allow illegal immigrants who have a valid foreign passport to be able to obtain a New York State driver's license.

Since his announcement, Spitzer has faced loud opposition to his plan, particularly from local Assemblyman Jim Tedisco and county clerks like Merola who have said they would turn away illegal immigrants applying for a license.

"I have stated from the beginning that Rensselaer County will not issue any licenses to those who cannot prove they are in this country legally," Merola said.

A recent Siena poll found that 72% of New York residents are opposed to Spitzer's license plan.

Spitzer insists the policy would help track illegal immigrants in New York and make the roads safer; he said strict security measures would be implemented in the process.