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...
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 challenged...
"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 soon be considering another...
"[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 immigration control...
"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...
" 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. The Arizona and Farmers Branch...
"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 the ordinance...
"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 turf....
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
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 Reform...
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...
"Plaintiff sued his former employer under the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.), alleging that defendant employer failed to reasonably accommodate his physical disability and refused to rehire him in retaliation...
"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...