Immigration Law

Recent Posts

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

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

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

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

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

OSC Update Newsletter: IRCA 25th Anniversary Commemorative Issue
Posted on 22 Nov 2011 by Daniel M. Kowalski

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigates and prosecutes allegations of national origin and citizenship status discrimination in hiring, firing, and recruitment or referral for a fee,... Read More

Tags: IRCA , osc , Newsletter

GOP Did Not Complain When Bush Sr. Legalized 1.5 Million in 1990 by Executive Action
Posted on 17 Nov 2014 by Daniel M. Kowalski

"Deferred deportation of unauthorized spouses and children of individuals legalized under 1986 Immigration Reform and Control Act (IRCA) ... Bush INS Commissioner issued blanket “ Family Fairness ” policy, and dropped “compelling... Read More

Drywall Installer Given Probation For Immigration Violations - Law360
Posted on 8 Jun 2016 by Daniel M. Kowalski

Law360, June 6, 2016 - "The first individual in western Washington convicted of repeatedly and knowingly hiring workers who were in the U.S. without permission has been sentenced to a fine and probation in a Washington federal court. David Jones... Read More

Tags: IRCA , drywall , I-9 , ketchikan

Amnesty Americans: Six Immigrants' Stories
Posted on 5 Feb 2013 by Daniel M. Kowalski

Reporter Liz Goodwin profiles six people who benefited from the 1986 Reagan amnesty, IRCA: - Introduction - From 'Dreamer' to Teacher: Maria Hernandez Read More

Tags: IRCA , Amnesty