Rensselaer County Clerk Frank Merola says he's undeterred by the failure of the Erie County clerk's lawsuit against the measure known as the Green Light law. He hopes his challenge will have more success.

Last week, a federal judge tossed Democratic Erie County Clerk Mickey Kearns's lawsuit challenging the Green Light law, a measure that allows undocumented immigrants to apply for driver's licenses. Rensselaer County​  Clerk Frank Merola says his lawsuit will have more success.

“51 county clerks are doing DMV business across the state,” said Merola. “We run over 100 DMV offices. I can't think of anyone who wouldn't have more standing than the county clerks.”

The county clerks who run local motor vehicle offices have pledged to not enforce the law if it is allowed to stand by the federal courts. Merola insists he won't issue driver's licenses to those he believes are in the country illegal.

“There are county clerks that are adamant they will not do it,” said Merola. “Maybe the state will do it on its own, but I know the clerks are really fighting backing.”

Supporters of the measure, including New York Attorney General Letitia James, believe the measure is constitutional and will withstand legal scrutiny. They argue the law is necessary for public safety and to allow undocumented immigrants to drive to work and take their kids to school.

Merola, meanwhile, does not want the law to take effect on December 14 if legal challenges are ongoing.

“I think that date has got to be pushed back,” said Merola. “There have been no correspondents between the state DMV and the clerks. I think that date is unrealistic right now.”

And Merola says he and his fellow county clerks have reached out to President Trump's administration to voice their concerns about the law.