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The Constitution & The Judicial Branch Discuss Supreme Court wrestles with immigration-related case as Sotomayor breaks the new 2-mi at the Political Forums; State and local governments are allowed to openly defy Federal law by declaring themselves sanctuaries where local police don't cooperate ...

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Old 10-17-2019, 08:19 AM
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Default Supreme Court wrestles with immigration-related case as Sotomayor breaks the new 2-mi

State and local governments are allowed to openly defy Federal law by declaring themselves sanctuaries where local police don't cooperate with ICE and even actively subvert their enforcement activities. On Wednesday the SCOTUS heard oral arguments in a case involving states ability to enforce identity theft laws when the suspect is an illegal alien.

Quote:
Wednesday's case concerns whether immigrants who stole Social Security numbers in an attempt to gain employment could be prosecuted under state identity theft law.
Identity theft is rampant in the illegal alien community including stealing SSN necessary for employment but to the "no borders, no wall, no USA at all" crowd running the Democrat party granting so-called law abiding illegal aliens effective immunity from identity theft laws makes perfect sense. The Wise Latina couldn't even listen for the required opening 2 minutes of the lawyers statement before she interrupted with a question. Open minded? Yeah sure.

Quote:
In the challenge at hand, Ramos Garcia used the Social Security number of someone else in order to get a job in a restaurant. After it was discovered, Garcia was convicted under state identity theft law.

But lawyers for Garcia told the justices that he could not be convicted under state law because it is preempted by the Immigration Reform and Control Act of 1986 that establishes a framework for the regulation of unauthorized employment. Under the law, an employee must submit documents establishing work authorization and an employer must attest to their employee's status.

The Kansas Supreme Court ruled in Garcia's favor, holding that the state prosecution, relying in part on information culled from federal forms was invalid. The court held the regulation of unauthorized employment is governed by the federal law.
Of course the Federal government is not adequately enforcing immigration laws. It is a virtual certainty adding identity theft enforcement to their workload is the same as granting immunity.

Of course the mean old state of Kansas supported by the Trump administration argues against creating yet another exemption from the laws local citizens must obey for illegal aliens.

Quote:
Kansas argues it was not trying to act as an immigration enforcer, but was simply trying to enforce its own identity theft law that applies to everyone in the state.

Lawyers for the state argued that the lower court opinion swept too broadly, infringing upon states' right to enforce its laws and that the opinion could lead to "serious constitutional questions about the scope of congressional power to override the States' traditionally broad police power to enact criminal laws" including, in this instance, those to punish identity theft.

Significantly, the Trump administration sides with Kansas in the case arguing that the federal and state law at issue are not in conflict and that the lower court ignored the fact that the state prosecution could have gone forward without ever relying upon information culled from federal forms. In briefs, Solicitor General Noel Francisco said that the lower court opinion "produces untenable results" by blocking a state from enforcing identity threat prosecutions.

"Kansas' prosecutions," Francisco argued, "neither invade a federally occupied field not conflict with Congress' purposes" in passing the federal law.
It seems cut and dried that states ought to have the power to uniformly apply their identity theft laws to anyone in their jurisdiction regardless of immigration status rather than turning it over to a Federal government to ignore.

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Old 10-17-2019, 11:41 AM
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Default Re: Supreme Court wrestles with immigration-related case as Sotomayor breaks the new

So let me get this straight...

If I as a citizen steal someone's identity and use it to get a job in Kansas, I can be arrested, tried, and convicted for identity theft by the State of Kansas.


However, if someone who has illegally immigrated here does the same thing, it's hands off leave them alone because...

they're special?

Last edited by Zenock; 10-17-2019 at 11:53 AM.. Reason: "they're" not "their" ... wow that's embarrassing
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Old 10-17-2019, 11:50 AM
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Default Re: Supreme Court wrestles with immigration-related case as Sotomayor breaks the new

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Originally Posted by Zenock View Post
So let me get this straight...

If I as a citizen steal someone's identity and use it to get a job in Kansas, I can be arrested, tried, and convicted for identity theft by the State of Kansas.


However, if someone who has illegally immigrated here does the same thing, it's hands off leave them alone because...

their special?
Welcome to the Progressive States of America. This is what progressive policies will do to this country.
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Old 10-17-2019, 03:24 PM
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Default Re: Supreme Court wrestles with immigration-related case as Sotomayor breaks the new

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Originally Posted by Zenock View Post
So let me get this straight...

If I as a citizen steal someone's identity and use it to get a job in Kansas, I can be arrested, tried, and convicted for identity theft by the State of Kansas.


However, if someone who has illegally immigrated here does the same thing, it's hands off leave them alone because...

they're special?
Bingo. But there is more, you would have a criminal record but the illegal alien would be considered law abiding.
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