Immigration Law

Recent Posts

Students, Legal Scholars Push California Universities to Hire Undocumented Students
Posted on 19 Oct 2022 by Daniel M. Kowalski

Miriam Jordan, New York Times, Oct. 19, 2022 "[A] coalition of undocumented student leaders and some of the nation’s top legal scholars is proposing that California, a state that has served as an incubator for progressive policies on immigration... Read More

Tags: IRCA , UCLA

IRCA Penalties Increase
Posted on 9 May 2022 by Daniel M. Kowalski

See pp. 5-6 of today's DOJ Final Rule : " The Department of Justice is adjusting for inflation the civil monetary penalties assessed or enforced by components of the Department, in accordance with the provisions of the Bipartisan Budget Act of... Read More

Tags: IRCA

DOJ Increases Immigration-Related Penalties
Posted on 14 Dec 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 "The Department of Justice is adjusting for inflation the civil monetary penalties assessed or enforced by components of the Department, in accordance with the provisions of the Bipartisan... Read More

Supreme Court on Preemption, IRCA: Kansas v. Garcia (5-4)
Posted on 3 Mar 2020 by Daniel M. Kowalski

Kansas v. Garcia (5-4) Majority - "Kansas law makes it a crime to commit “identity theft” or engage in fraud to obtain a benefit. Respondents—three aliens who are not authorized to work in this country—were convicted under... Read More

Expert: Kansas Immigration Case at Supreme Court Could Affect ID Theft Prosecutions
Posted on 18 Mar 2019 by Daniel M. Kowalski

Ariane de Vogue, CNN, Mar. 18, 2019 "The Supreme Court agreed on Monday to hear a case [ Kansas v. Garcia, No. 17-834 ] next term concerning Kansas' prosecution of three undocumented immigrants for using stolen Social Security numbers in an... Read More

Minn. Ct. App. on IRCA, preemption, I-9s, perjury: Reynua
Posted on 6 Dec 2011 by Daniel M. Kowalski

"The federal Immigration Reform and Control Act (IRCA), 8 U.S.C. § 1324a (2006), preempts state prosecution of a job applicant for perjury or forgery involving the I-9 federal form for employment-eligibility verification." - State v. Reynua... Read More

IRCA Penalties Bumped Up for Inflation (IFR)
Posted on 30 Jun 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 - "In accordance with the provisions of the Bipartisan Budget Act of 2015, the Department of Justice is adjusting for inflation civil monetary penalties assessed or enforced by components... Read More

CA9 Limits Hernandez-Arias (Admission; IRCA)
Posted on 5 Aug 2014 by Daniel M. Kowalski

"The opinion filed on March 21, 2014 is hereby amended as follows: Following page 12, first full paragraph, the following footnote is appended: 3 Our review in this case is confined to the operation of IRCA and its unique implementing regulations... Read More

Kansas Sup. Ct. on IRCA, Preemption, Identity Theft (Sept. 8, 2017)
Posted on 11 Sep 2017 by Daniel M. Kowalski

Kansas v. Morales Kansas v. Ochoa-Lara Kansas v. Garcia In all three: "Defendant's prosecution for identity theft for using another person's Social Security number to obtain employment is expressly preempted by the federal Immigration... Read More

Wisc. FMLA Protects Undocumented Worker: Burlington Graphic Systems
Posted on 24 Dec 2014 by Daniel M. Kowalski

"Burlington argues that an employer cannot violate the Wisconsin FMLA by discharging an undocumented worker as that worker has no right to employment in the first instance and federal immigration law mandates the discharge. We disagree. Federal immigration... Read More

IRCA in Retrospect: Guideposts for Today’s Immigration Reform
Posted on 29 Jan 2014 by Daniel M. Kowalski

"The Immigration Reform and Control Act of 1986 (IRCA) was an important milestone in U.S. immigration history, representing the first and most comprehensive legislation to take on the issue of illegal immigration to the United States. Like all major... Read More

At Its 25th Anniversary, IRCA's Legacy Lives On
Posted on 19 Nov 2011 by Daniel M. Kowalski

"On November 6, 1986, President Ronald Reagan signed into law the Immigration Reform and Control Act (IRCA). The law, which is best known for connecting strengthened immigration enforcement with legalization provisions for unauthorized immigrants... Read More

Tags: IRCA

Immigration Magnetized, Privatized and Depersonalized
Posted on 28 Nov 2011 by Daniel M. Kowalski

"By privatizing immigration enforcement as a date-of-hire requirement foisted on employers, but not making identity verification essentially foolproof through the creation and distribution of a national ID card, Congress doomed IRCA to fail... Read More