Immigration Law

Recent Posts

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

Kansas v. Garcia Oral Argument Transcript
Posted on 17 Oct 2019 by Daniel M. Kowalski

Supreme Court, Oct. 16, 2019, Kansas v. Garcia, transcript of oral argument Argument preview: Preemption of state identity-theft prosecutions of noncitizens Read More

Expert: A Supreme Court Ruling Could Cut Both Ways on Immigration
Posted on 17 Oct 2019 by Daniel M. Kowalski

Ariane de Vogue, CNN, Oct. 16, 2019 "Wednesday's case concerns whether immigrants who stole Social Security numbers in an attempt to gain employment could be prosecuted under state identity theft law. In general, when it comes to immigration... 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

Colorado Supreme Court on Preemption, Smuggling: Fuentes-Espinoza v. People
Posted on 12 Oct 2017 by Daniel M. Kowalski

Fuentes-Espinoza v. People, Oct. 10, 2017 - "This case requires the supreme court to determine whether Colorado’s human smuggling statute, section 18-13-128, C.R.S. (2017), is preempted by the federal Immigration and Nationality Act, 8 U.S... Read More

Montana Supreme Court Strikes Down Anti-Immigrant Law: MIJA v. Bullock (May 10, 2016)
Posted on 11 May 2016 by Daniel M. Kowalski

MIJA writes: " The Montana Supreme Court has just issued a unanimous decision striking down the entirety of Montana's anti-immigrant law, which was placed on the 2012 ballot by the Montana legislature and approved by 80% of voters. The law, known... Read More

Supreme Court on Preemption: Arizona v. United States
Posted on 25 Jun 2012 by Daniel M. Kowalski

"The question before the Court is whether federal law preempts and renders invalid four separate provisions of the state law. ... The issue is whether, under pre­emption principles, federal law permits Arizona to imple­ment the state-law... Read More

Louisiana Supreme Court on Preemption: State v. Sarrabea
Posted on 17 Oct 2013 by Daniel M. Kowalski

"After review of the relevant law, both statutory and jurisprudential, and despite its laudable goal aimed at preventing acts of terrorism, we are constrained to find, based on the Supreme Court case of Arizona v. United States, 132 S.Ct. 2492 (2012... Read More

Two Iowa Supreme Court Victories
Posted on 10 Jun 2017 by Daniel M. Kowalski

Prof. Stella Burch Elias writes: "These two great Iowa Supreme Court cases involved a lot of hard work by our clinical colleagues and their students at Iowa Law. In Martinez (the decision holding that part of Iowa's forgery law was preempted... Read More

Supreme Court Declines to Wade Into Preemption Question of Immigration Versus Workers' Compensation Benefits
Posted on 9 Mar 2011 by LexisNexis Immigration Law Community Staff

Last week the U.S. Supreme Court declined to review a case from Louisiana concerning workers' compensation benefits for an injured worker who was an illegal alien, and whether the Immigration Reform and Control Act of 1986 preempts state law awards... Read More