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

Arizona Smuggling Statute Preempted By Federal Law
Posted on 9 Nov 2014 by Daniel M. Kowalski

"A federal judge has voided one of the last remaining sections of the controversial package of anti-immigration laws approved by Arizona lawmakers in 2010. The provision struck down Friday by U.S. District Court Judge Susan Bolton made it a state... Read More

CA9 on Arizona ID Theft Laws, Preemption: Puente Arizona v. Arpaio
Posted on 2 May 2016 by Daniel M. Kowalski

Puente Arizona v. Arpaio, May 2, 2016 - "An immigrant advocacy organization, Puente Arizona, along with individual unauthorized aliens and taxpayers of Maricopa County (collectively “Puente”), challenge provisions of Arizona’s identity... Read More

Cyrus Mehta: Cross Currents In Federal Preemption of State and Local Immigration Law Under Trump
Posted on 8 May 2017 by Daniel M. Kowalski

Cyrus Mehta, May 8, 2017 - "Preemption of federal immigration law over punitive state immigration laws was a hot topic until very recently, especially when Arizona enacted a tough enforcement law known as SB1070. The Obama administration fiercely... Read More

Federal Judge Blocks Key Sections of South Carolina Immigration Law
Posted on 22 Dec 2011 by Daniel M. Kowalski

"A federal judge Thursday blocked enforcement of South Carolina's Arizona -style anti-immigration law, siding with the Obama administration's argument that three of the law's provisions unlawfully enter the federal government's... Read More

Arizona Case Will Have Ripple Effect in Texas
Posted on 21 Jun 2012 by Daniel M. Kowalski

" A decision by the U.S. Supreme Court on Arizona’s anti-illegal immigration law could have ramifications for Farmers Branch’s rehearing request on the city’s ordinance that bans [unauthorized] immigrants from rental properties... 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

Split Decision on Nebraska Immigration Law
Posted on 21 Feb 2012 by Daniel M. Kowalski

"Though a federal judge struck down a portion of the controversial Fremont, Neb., immigration ordinance Monday, the wrangling is not over. Both sides claimed victory. Though U.S. District Court Judge Laurie Smith Camp threw out portions of... Read More

Immigration Preemption after United States v. Arizona
Posted on 25 Jan 2013 by Daniel M. Kowalski

"In the last several years, state and local governments have passed laws that attempt to “get tough on undocumented migrants.” The Supreme Court recently addressed one of these measures in United States v. Arizona , and the Court may... Read More

David Martin: Reading Arizona
Posted on 17 Jul 2012 by Daniel M. Kowalski

"[T]he majority warmly reaffirmed a constitutional doctrine, known as obstacle preemption, that will favor the federal government’s interests in a wide swath of future cases. It also strongly endorsed the primacy of the federal government in... Read More