Erie County employees have been thrust in the middle of a political and legal battle over New York’s new “Green Light Law.”

County Clerk Mickey Kearns, D, has maintained the auto bureaus under his management will not process driver’s licenses for undocumented immigrants, despite the new law. A source familiar with the situation said employees are “concerned, frightened and frustrated” about their position.

The source said the county department of personnel has notified employees they will not be disciplined if they chose to ignore the clerk’s directive and follow the state law. A spokesperson for Erie County Executive Mark Poloncarz, D, said he has been “pretty clear” everyone should follow the law without exception.

“For the record, the County Executive says everyone should follow the law today, this weekend, Monday and every day after that, regardless of if they like it or not,” Press Secretary Peter Anderson said.

However, the source said employee concerns are not about whether or not they agree with the law, but whether or not their jobs are at stake or if they could potentially face prosecution. Last week, Kearns announced he would post the Immigration and Customs Enforcement tipline number at all customer service windows and staff worries if anyone at the auto bureaus reports private information they obtained from an official form or conversation, it could fall back on individual county workers.

Kearns called the story “fake news” and said he has not issued any directive to county employees regarding how to proceed yet. He said he is meeting with the County Attorney’s Office on Wednesday to discuss the pending implementation and “ensure we proceed in a manner which will protect employees.”

“I’m disappointed that the County Executive’s Office or the Erie County Department of Personnel failed to reach out to me to obtain a full understanding of the facts,” he continued. “Apparently a political statement to the press was more important than ascertaining the truth and working together to deliver a consistent message to employees.”

Last month, a federal judge dismissed Kearns’s challenge of the Green Light Law, ruling he did not have standing. Erie County attorneys are in the process of appealing that decision while a judge is expected to make, at least, a preliminary decision this week on a separate lawsuit from the Rensselaer County Clerk.

The Green Light Law technically goes into effect on Saturday, December 14, but few auto bureaus are actually open that day. Kearns said state software to help process the licenses won’t be ready until Monday, December 16.

The Civil Service Employees Association of New York represents auto bureau staff across the state. The union was reluctant Tuesday but said this in a statement:

“CSEA is aware that our members working in some county DMV offices are being given directions that may be contrary to the new law, but this issue will be decided in the courts. In the meantime, we will continue working to make sure the rights of our members are protected,” said CSEA Spokesperson Mark Kotzin.