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More winning! SCOTUS: States Can Prosecute Illegal Aliens for Stealing American IDs
DJDuck
Member Posts: 5,970
States have the authority to prosecute illegal aliens for using stolen identities of American citizens to work illegally in the United States, the U.S. Supreme Court ruled on Tuesday.
In a 5-4 decision — with liberal Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissenting — the Supreme Court ruled against three illegal aliens who were prosecuted for stealing the identities of American citizens to work illegally in the state of Kansas.
https://www.breitbart.com/politics/2020/03/03/scotus-states-can-prosecute-illegal-aliens-for-stealing-american-ids/
“ The Justices wrote:
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 conflict preemption. From the beginning of our country, criminal law enforcement has been primarily a responsibility of the States, and that remains true today. In recent times, the reach of federal criminal law has expanded, and there are now many instances in which a prosecution for a particular course of conduct could be brought by either federal or state prosecutors. Our federal system would be turned upside down if we were to hold that federal criminal law preempts state law whenever they overlap, and there is no basis for inferring that federal criminal statutes preempt state laws whenever they overlap. Indeed, in the vast majority of cases where federal and state laws overlap, allowing the States to prosecute is entirely consistent with federal interests. [Emphasis added]”
“ The ruling overturns a Kansas Supreme Court decision where justices claimed that because state and federal law overlap on the issue of federal immigration law and identity theft, states do not have the authority to prosecute such cases.
At hand were the prosecutions of three illegal aliens — Ramiro Garcia, Donaldo Morales, and Guadalupe Ochoa-Lara — who stole the identities of American citizens by taking their Social Security Numbers in order to illegally work in the state of Kansas against federal law.
A 2018 investigation by the Immigration and Reform Law Institute (IRLI) discovered that there have been potentially 39 million cases between 2012 to 2016 wherein American citizens have had their identities stolen by illegal aliens.
The discovery was made after IRLI investigators reviewed W-2 tax forms where names on the financial records did not match their corresponding Social Security records.
The case is Kansas v. Ramiro Garcia Docket No. 17-834 in the U.S. Supreme Court.”
In a 5-4 decision — with liberal Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissenting — the Supreme Court ruled against three illegal aliens who were prosecuted for stealing the identities of American citizens to work illegally in the state of Kansas.
https://www.breitbart.com/politics/2020/03/03/scotus-states-can-prosecute-illegal-aliens-for-stealing-american-ids/
“ The Justices wrote:
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 conflict preemption. From the beginning of our country, criminal law enforcement has been primarily a responsibility of the States, and that remains true today. In recent times, the reach of federal criminal law has expanded, and there are now many instances in which a prosecution for a particular course of conduct could be brought by either federal or state prosecutors. Our federal system would be turned upside down if we were to hold that federal criminal law preempts state law whenever they overlap, and there is no basis for inferring that federal criminal statutes preempt state laws whenever they overlap. Indeed, in the vast majority of cases where federal and state laws overlap, allowing the States to prosecute is entirely consistent with federal interests. [Emphasis added]”
“ The ruling overturns a Kansas Supreme Court decision where justices claimed that because state and federal law overlap on the issue of federal immigration law and identity theft, states do not have the authority to prosecute such cases.
At hand were the prosecutions of three illegal aliens — Ramiro Garcia, Donaldo Morales, and Guadalupe Ochoa-Lara — who stole the identities of American citizens by taking their Social Security Numbers in order to illegally work in the state of Kansas against federal law.
A 2018 investigation by the Immigration and Reform Law Institute (IRLI) discovered that there have been potentially 39 million cases between 2012 to 2016 wherein American citizens have had their identities stolen by illegal aliens.
The discovery was made after IRLI investigators reviewed W-2 tax forms where names on the financial records did not match their corresponding Social Security records.
The case is Kansas v. Ramiro Garcia Docket No. 17-834 in the U.S. Supreme Court.”
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An Obscure Supreme Court Case Has Big Implications for Undocumented Immigrants
https://prospect.org/justice/supreme-court-case-has-big-implications-for-undocumented-immigrants-kansas-v-garcia/
“ In short, Garcia’s side argues that, because the I-9 is a federal form specifically prohibited from being used for anything except immigration, using information from the I-9 in a state identity-theft case is preempted by federal law. Because the three forms are submitted at the same time to obtain employment, Garcia’s counsel Paul Hughes contends that the same preemption that applies to the I-9 applies to the other forms as well.
It may sound convoluted, but the case has significance not just for undocumented immigrants seeking employment in the U.S. but for states’—in this cases Kansas’s—ability to enforce their own immigration policy. Under federal immigration policy, this is generally not permitted, according to a case preview by John Marshall Law School professor Steven Schwinn. According to Schwinn’s analysis, Kansas isn’t just trying to navigate the federal-state authority over employment authorization and strictly attempting to prosecute identity theft. Instead, Kansas is trying “to side-step federal preemption by cunningly avoiding prosecutions based on the defendants’ I-9 forms.” Indeed, Schwinn makes the point that Kansas is in effect trying to make its own immigration policy.”
Well, the leftards on the Supreme Court didn’t win. Kansas had state laws to protect its citizens against ID theft. They had the facts, the law and the opportunity to prosecute. They did and won. Leftards made a fallacious argument that since the feds had ID theft law that only the feds could prosecute. The Justices who can read and think reached the common sense conclusion that Congress had intended no preemption. Keep rooting for the away team.