Minn. Ct. App. on 8 U.S.C. Sec. 1324a(b)(5) - State v. Reynua II

Minn. Ct. App. on 8 U.S.C. Sec. 1324a(b)(5) - State v. Reynua II

Bruce D. Nestor writes: "In a 2011 decision, the Minn. Court of Appeals reversed a state perjury conviction based on a false statement on an I-9 form, concluding that 8 USC 1324a(b)(5) and federal law in general preempts a state prosecution relying upon the I-9 form.  However, that 2011 decision in a muddled and confusing way, seemed to carve out an exception to allow a state prosecution for forgery, based on presentation of a false State ID to complete the I-9, to preserve the state's interest in preserving the integrity of its own identification documents.  After a Petition for Review to the MN Supreme Court, and remand back to the COA, the Court of Appeals (in an unpublished decision) has now reversed the forgery conviction, finding that admission of the I-9 form and appended documents (copy of SSA card and MN ID card) was erroneous and was not harmless error.  Taken together these decisions find that 8 USC 1324a(b)(5) means what it says -- that other than specified federal prosecutions, the I-9 form and appended documents may not be used to establish a state crime." - State v. Reynua II, July 23, 2012.

Bruce D. Nestor

3547 Cedar Avenue South

Minneapolis, MN  55407

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