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, federal...
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 effort to...
"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 provisions in dispute...
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 these provisions for fraudulently...
Supreme Court, Oct. 16, 2019, Kansas v. Garcia, transcript of oral argument Argument preview: Preemption of state identity-theft prosecutions of noncitizens
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 on its...
"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), that...