Thread: Iowa Court: State Cannot Prosecute Illegal Alien Using Fake ID

Iowa Court: State Cannot Prosecute Immigrant Using Fake ID

The Iowa Supreme Court says immigrants living in Iowa without legal permission and who use a stolen identity to get a job cannot be prosecuted by the state for identity theft or forgery.

June 9, 2017, at 4:20 p.m.


Iowa Court: State Cannot Prosecute Immigrant Using Fake ID


By DAVID PITT, Associated Press

DES MOINES, Iowa (AP) — The Iowa Supreme Court says immigrants living in Iowa without legal permission and who use a stolen identity to get a job cannot be prosecuted by the state for identity theft or forgery.

The court, in ruling Friday on the case of 31-year-old Martha Martinez, says such immigration-related prosecutions are up to federal authorities not county prosecutors.

Martinez, who lives in Muscatine, was charged after she obtained a driver's license and Social Security number under the Obama administration's Deferred Action for Childhood Arrivals, or DACA program, in 2014. State authorities found she'd obtained a license at age 17 using a fake ID and used it to get a job. They charged her with the two felonies.

The court dismissed the charges saying only federal authorities can enforce immigration laws.

https://www.usnews.com/news/best-sta...-using-fake-id

This has nothing to do with immigration, it has to do with stealing someone's ID.

I guess Identity Theft is now legal in Iowa!

Disgusting. I'm telling you, these people are the destruction of our nation. We have to get them out of here. They are con artists supreme, thieves at heart. How an Iowa State Supreme Court can fall for whatever mixed bag of apples and oranges arguments their lawyers presented is beyond me. I'd say they've been bought, there's no other explanation for such a truly stupid and irresponsible ruling.

Does the person whose identity she stole even know they've been robbed of their own life by an illegal alien con artist?

Muscatine County Attorney: appeal immigration case to US Supreme Court

JUNE 9, 2017 BY O. KAY HENDERSON

The Muscatine County Attorney is urging Iowa’s attorney general to ask the nation’s highest court to review today’s Iowa Supreme Court’s ruling on an immigration-related case.

Muscatine County Attorney Alan Ostergren filed the identity theft and forgery charges against Martha Martinez for using a fake ID to get a job. He said the state supreme court’s dismissal of the case creates “unusual protections” for undocumented immigrants.

“The fact that a person has a separate legal problem, in effect they’re here illegally, gives them an immunity from prosecution that a US citizen would not have,” Ostergren told Radio Iowa. “That’s a very unusual situation to have in the law.”

While Ostergren initially filed the charges, it’s the state’s attorney general who represents the State of Iowa in federal court if an Iowa Supreme Court ruling is appealed.

“I certainly hope that the attorney general’s office would strongly consider filing that petition. I think that would be appropriate,” Ostergren said. “What we have is a state court decision interpreting federal law, which finds State of Iowa statutes to be unconstitutional in their application in this case, that they’re preempted by federal immigration laws.”

A spokesman for Iowa Attorney General Miller was not immediately available for comment.

https://www.radioiowa.com/2017/06/09...supreme-court/