Justia Immigration Law Opinion Summaries

Articles Posted in Kansas Supreme Court
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The Supreme Court vacated its decision reversing the lower courts' conclusions that the Immigration Reform and Control Act of 1986 (IRCA) did not preempt Defendant's prosecution for identity theft, holding that, in accordance with the decision of the United States Supreme Court on certiorari in this case, Defendant's prosecution was not preempted by the IRCA. A district court judge found Defendant guilty after denying his motion to dismiss charges based on representations in his W-4 employment form and I-9 form. On appeal, Defendant argued that the IRCA preempted identify theft prosecutions. The court of appeals affirmed. The Supreme Court reversed, concluding that IRCA preempted Defendant's prosecution. The United States Supreme Court granted certiorari and held that state law prosecutions for identity theft were not preempted by the IRCA. The Kansas Supreme Court affirmed in accordance with the decision of the United States Supreme Court. View "State v. Garcia" on Justia Law

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The Supreme Court vacated its decision reversing the judgment of both the court of appeals and district court concluding that the Immigration Reform and Control Act of 1986 (IRCA) did not preempt Defendant's prosecution for identity theft and making false information, holding that, in accordance with the decision of the United States Supreme Court on certiorari in this case, Defendant's prosecution was not preempted by the IRCA. A district court judge found Defendant guilty after denying his motion to dismiss charges based on representations in his W-4 employment form. On appeal, Defendant argued that the IRCA preempted identify theft and making false information prosecutions. The court of appeals affirmed. The Supreme Court reversed, concluding that IRCA preempted Defendant's prosecutions. The United State Supreme Court granted certiorari and held that state law prosecutions for identity theft and making false information were not preempted by the IRCA. The Kansas Supreme Court affirmed in accordance with the decision of the United States Supreme Court. View "State v. Morales" on Justia Law

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The Supreme Court reversed Defendant’s convictions on one count of identity theft and two counts of making a false information for using another person’s Social Security number to obtain restaurant employment, holding that Defendant’s prosecution based on his use of a Social Security number belonging to another person for employment was expressly preempted by the federal Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. 1324a(b)(5). In reversing Defendant's convictions, the court relied on State v. Garcia, __ P.3d __ (this day decided), which held that state prosecutions such as the one in this case are expressly preempted by IRCA. View "State v. Morales" on Justia Law