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03-03-2020, 12:05 PM #1
Justices OK state charges for immigrants who use fake IDs
Justices OK state charges for immigrants who use fake IDs
Associated Press March 3, 2020, 10:40 AM EST
FILE - In this June 20, 2019 file photo, the Supreme Court is seen under stormy skies in Washington. (AP Photo/J. Scott Applewhite)
WASHINGTON (AP) — The Supreme Court made it easier Tuesday for states to prosecute immigrants who use fake Social Security numbers to get a job.
The issue for the court was whether states could pursue the immigrants in court or had to leave those choices to the federal government, which typically has authority over immigration.
The court ruled 5-4, with conservatives in the majority, that nothing in federal immigration law prevents states from going after immigrants who use phony documents and numbers.
The Kansas Supreme Court had ruled that the federal government has exclusive authority to determine whether an immigrant may work in the United States. It threw out state convictions for three immigrants, but the high court reversed the state ruling, in an opinion written by Justice Samuel Alito. “The mere fact that state laws like the Kansas provisions at issue overlap to some degree with federal criminal provisions does not even begin to make a case for" the state having to forgo prosecution, Alito wrote.
Kansas prosecuted the cases at issue by relying on information that is on a required federal work authorization form, the I-9. Kansas was backed by the Trump administration and 12 states in arguing that it can prosecute because the same information also appears on state work forms.
In 2012, the court ruled that portions of an Arizona law targeting immigrants without proper legal documents could not be enforced because federal law trumps state measures in the area of immigration. The three immigrants in the Kansas case contended that the high court's Arizona decision should have determined the outcome in their situation.
In a dissent for the four liberal members of the court, Justice Stephen Breyer wrote that federal law “makes clear that only the federal government may prosecute people for misrepresenting their federal work-authorization status.”
The case is Kansas v. Garcia, 17-834.
https://www.yahoo.com/news/justices-...154010234.html
Last edited by Beezer; 03-03-2020 at 12:07 PM.
ILLEGAL ALIENS HAVE "BROKEN" OUR IMMIGRATION SYSTEM
DO NOT REWARD THEM - DEPORT THEM ALL
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03-03-2020, 12:09 PM #2
Illegal aliens should not be in our country. Should not be using fake ID's or stealing our identities.
They should not be working anywhere in the USA.
They should not be in our housing, opening bank accounts, receiving healthcare, or in our schools.
Now end birthright citizenship immediately!
Start "charging" the Governors of states who are harboring, aiding and abetting illegal aliens and ALL government employees who are awarding them our taxpayers funded benefits.
A.G. Barr needs to FILE CHARGES against these Governors and Mayors. Get them in Court!
Send the MEMO to all agencies to do the audits and get them off our benefits and cut off the IRS Child Tax Credit refunds to the illegal parents.Last edited by Beezer; 03-03-2020 at 12:13 PM.
ILLEGAL ALIENS HAVE "BROKEN" OUR IMMIGRATION SYSTEM
DO NOT REWARD THEM - DEPORT THEM ALL
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03-03-2020, 12:15 PM #3
U.S. Supreme Court lets states prosecute immigrants for identity theft
By Andrew Chung Reuters March 3, 2020, 10:28 AM EST
WASHINGTON, March 3 (Reuters) - The U.S. Supreme Court on Tuesday widened the ability of states to use criminal laws against illegal immigrants and other people who do not have work authorization in the United States in a ruling involving identity theft prosecutions in Kansas.
In the decision, the justices upheld the authority of states to prosecute immigrants for identity theft when applying for a job. The court found that Kansas did not unlawfully encroach on federal authority over immigration policy in charging three men accused of using other people's Social Security numbers.
President Donald Trump's administration backed Kansas in the case. Trump has made his hardline policies toward immigration a centerpiece of his presidency and 2020 re-election campaign. Kansas is one of several conservative states that have sought to crack down on illegal immigrants.
The justices overturned a 2017 Kansas Supreme Court decision that had voided the convictions of the three restaurant workers, finding that a 1986 federal law called the Immigration Reform and Control Act did not prevent states from pursuing such prosecutions.
Though immigration-related employment fraud is a federal matter, Kansas contended that its prosecutions were not immigration-related and did not conflict with federal immigration law.
Kansas had argued that a ruling in favor of the immigrants would undermine its ability to combat the growing problem of identity theft.
Immigrant rights groups have said that giving states power to prosecute employment fraud would let them take immigration policy into their own hands.
The three men - Ramiro Garcia, Donaldo Morales and Guadalupe Ochoa-Lara - were not authorized to work in the United States and provided their employers Social Security numbers that were not their own.
A Social Security number is used to identify people for employment and tax purposes.
People who enter the country illegally do not get assigned Social Security numbers, which are given by the U.S. government to all legal residents.
The case focused on the employment verification process under federal immigration law requiring employers, on a form known as the I-9, to attest that an employee is authorized to work. The law also states that the form "may not be used for purposes other than for enforcement of this act."
While the federal government has the sole authority to prosecute individuals for providing fraudulent information during the I-9 employment verification process, the state prosecuted the three men for using the same false information on different forms used to withhold wages for tax purposes.
https://www.yahoo.com/news/u-supreme...152838001.html
Last edited by Beezer; 03-03-2020 at 12:17 PM.
ILLEGAL ALIENS HAVE "BROKEN" OUR IMMIGRATION SYSTEM
DO NOT REWARD THEM - DEPORT THEM ALL
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03-03-2020, 12:19 PM #4
These ILLEGAL ALIENS have multiple stolen social security numbers and stolen identities.
Go after the employers who are hiring them!
No IRS tax refunds to illegal aliens...no child tax credits to the illegal parents. Deport them WITH their minor children.ILLEGAL ALIENS HAVE "BROKEN" OUR IMMIGRATION SYSTEM
DO NOT REWARD THEM - DEPORT THEM ALL
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03-04-2020, 12:28 AM #5NO AMNESTY
Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.
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