Results 1 to 2 of 2
Like Tree4Likes

Thread: States Can Prosecute Illegal Aliens For Identity Theft, Supreme Court Rules

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

  1. #1
    Senior Member Scott-in-FL's Avatar
    Join Date
    Aug 2014
    Posts
    9,018

    States Can Prosecute Illegal Aliens For Identity Theft, Supreme Court Rules

    States Can Prosecute Illegal Aliens For Identity Theft, Supreme Court Rules

    Jason Hopkins March 03, 2020

    The Supreme Court ruled on Tuesday that state governments can prosecute illegal aliens of identity theft, including aliens who use false Social Security numbers to unlawfully gain employment.

    In a tight 5-4 decision, a majority of justices on the nation’s highest court ruled that there is nothing in federal immigration law that forbids state prosecutors from going after undocumented aliens who used false or stolen identification.

    The case revolved around interpretation of the Immigration Reform and Control Act (IRCA), which makes it a federal crime to lie on employment authorization forms.

    While liberal justices on the Supreme Court argued that immigration-related employment fraud is a federal matter, conservatives found that aliens can also be subject to criminal prosecution by states if they use someone else’s information.

    “Although IRCA expressly regulates the use of I–9’s and documents appended to that form, no provision of IRCA directly addresses the use of other documents, such as federal and state tax-withholding forms, that an employee may complete upon beginning a new job,” wrote Justice Samuel Alito on behalf of the court’s majority.

    Alito was joined by Justices John Roberts, Clarence Thomas, Brett Kavanaugh, and Neil Gorsuch.

    Tuesday’s Supreme Court decision overturns a 2017 ruling by the Kansas Supreme Court that voided the convictions of three restaurant workers who used false identities to gain employment.

    The individuals — Guadalupe Ochoa Lara, Ramiro Garcia, and Donald Morales — were not authorized to work in the U.S., so they gave their employers false Social Security numbers.

    The state Supreme Court found that the Immigration Control and Reform (ICRA) prohibited states from prosecuting such cases as they were solely federal matters.

    Kansas, however, countered that the prosecutions were not related to immigration, and that such an interpretation would undermine its capability to fight identity theft.

    The Supreme Court’s conservative majority ultimately sided with Kansas. Immigration hardliners heralded the decision on Tuesday.

    “This ruling provides much-needed clarification on how preemption works in immigration law,” said Dale Wilcox, the executive director and general counsel of the Immigration Reform Law Institute, a group that promotes tighter restrictions on immigration.

    “While sanctuary laws violate the Supremacy Clause because they block federal enforcement, there is no violation when state actions advance federal purposes,” Wilcox continued. “The Court was correct to recognize that though states may not hinder, they are free to help.”

    The court’s liberal bloc — Justices Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor, and Elana Kagan — filed an opinion concurring in part and dissenting in part of the decision.

    https://dailycaller.com/2020/03/03/s...dentity-crime/
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  2. #2
    Super Moderator GeorgiaPeach's Avatar
    Join Date
    Aug 2006
    Posts
    21,835
    Related:
    Supreme Court takes up case of illegal immigrants charged with identity theft


    https://www.alipac.us/f12/supreme-co...-theft-370560/
    Matthew 19:26
    But Jesus beheld them, and said unto them, With men this is impossible; but with God all things are possible.
    ____________________

    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)


Similar Threads

  1. Supreme Court takes up case of illegal immigrants charged with identity theft
    By lorrie in forum illegal immigration News Stories & Reports
    Replies: 3
    Last Post: 03-04-2020, 12:14 AM
  2. Supreme Court rules states can legalize sports betting (AND TAX IT)
    By JohnDoe2 in forum Other Topics News and Issues
    Replies: 2
    Last Post: 06-01-2018, 05:12 PM
  3. Illegal Aliens, Identity Theft, and Claire McCaskill
    By Jean in forum General Discussion
    Replies: 5
    Last Post: 02-28-2018, 10:17 AM
  4. Upheld: ID Theft Laws Used by Sheriff Arpaio to Prosecute Illegal Aliens
    By Jean in forum illegal immigration News Stories & Reports
    Replies: 3
    Last Post: 11-29-2016, 04:31 PM
  5. CA Supreme Court Rules States Have Right To Enforce Immigrat
    By SusanSmithNAG in forum illegal immigration News Stories & Reports
    Replies: 3
    Last Post: 04-21-2009, 10:31 AM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •