Earlier this summer, Erie County Clerk Mickey Kearns filed a federal lawsuit challenging New York's new Green Light law granting driver's licenses to undocumented immigrants. He believes the state law is in conflict with federal statute.

"I don't know what side of this issue is ultimately right or wrong but I think that Mr. Kearns is wise to get judicial clarification of this clear conflict. It needs to be resolved,” said attorney Steve Cohen, HoganWillig Attorneys at Law.

Cohen says the ultimate question for the judge is simple: Do states have the right to give a driver's license to whomever they see fit or does that potentially constitute helping undocumented immigrants break federal law?

"Federal law 8 U.S. C-1324 says that no one can take an undocumented alien and bring them into the country or help give them documentation or shield them from the system," said Cohen.

Eight states and the District of Columbia support of New York's position there is no conflict. Last week, they submitted a joint amicus brief to the presiding judge.

Cohen says he's not surprised states like California, Connecticut and Washington have taken an interest.

"One of the hottest issues is what do we do with undocumented aliens. So this has been politicized so I think what's prompting these amicus briefs is politics. It's the politics of it,” said Cohen.

In the document, the states also point out they have a vested interest. If the judge rules against New York it could put their similar laws in jeopardy.

"If a judge says that, that could cause, start a domino effect and could affect a lot of state legislation,” said Cohen.

However, Cohen points out a ruling in favor of New York could have the opposite effect, freeing more states to pass their versions of the Green Light law.

"It's going to cause the entire country to react. The legislatures of every single state are going to react to the decision that's made in this court,” said Cohen.

The attorney says the proceeding is U.S. District Court in Buffalo are likely just the beginning. He believes the case could go all the way to the Supreme Court.