ALBANY N.Y. (WRGB) — “It gets lost on some people but every person who’s in the country illegally has committed a federal crime to get here.”
The Department of Justice may have precedent in its legal action against New York State over immigration policies like the Green Light Law.
Attorney Donald Chesworth with Tully Rinckey PLLC tells CBS6 states generally recognize the federal government’s power over states; New York appears to have political motivation in this case.
“It’s clear that the federal government under the Constitution of the United States has superior power to the states, and the states generally recognize that. And for some reason… some political reason they’ve [NY] decided they’re not going to do that. And I think the states are going to be subject to federal action to cause them to be in compliance with the federal law,” says Chesworth.
Thursday afternoon, nearly a full 24 hours since announcing legal action, court filings were not available for a lawsuit against New York, Governor Kathy Hochul, Attorney General Letitia James, and DMV Commissioner Mark Schroeder; but announcing the case Wednesday, Attorney General Pam Bondi said the DOJ filed charges against all three.
“What a bizarre way to open this press conference,” CNN Senior Legal Analyst Elie Honig told Kaitlan Collins on The Source Wednesday night. “In the first ten seconds of this press conference the Attorney General of the United States said three times she had filed charges against New York, against Kathy Hochul, against Letitia James. Now, 99 out of 100 civilians understands that to mean criminal charges. One-hundred out of 100 prosecutors understands that to mean criminal charges. When she said that my phone went crazy, people saying ‘wait, has Pam Bondi indicted Letitia James?’ Now it turns out the answer is no.”