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The intersection of criminal law and immigration law

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After regularly updating crimmigration.com from January 2009 until November 2022, I have stopped doing so. I hope you continue to benefit from the blog as an archive. For up-to-date information about my work, visit ccgarciahernandez.com. – César

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Supreme Court again tackles immigration preemption

By Kim Langona Today, the U.S. Supreme Court will hear arguments to decide whether federal immigration law bars states from using certain work-related information in a criminal prosecution. In Kansas v. Garcia, No. 17-834, the Court will decide two questions. First, whether the Immigration Reform and Control Act of 1986 (IRCA) expressly preempts states from prosecuting individuals using any information entered on or appended to the federal Form I-9 even though that information also appears in documents unrelated to verification of work authorization (state tax forms, leases, and credit [...]

Posted by César on October 16, 2019 on 4:00 am Leave a Comment
Filed Under: guest blogger, preemption, Supremacy Clause

5th Circuit: SB4 can go into force in Texas

When the Texas legislature passed Senate Bill 4 on party-line votes, it marked the most extreme immigration measure to make it through a state house since Arizona’s infamous Senate Bill 1070, the so-called “show me your papers” law. Within moments, all eyes turned to the courts. Yesterday, the U.S. Court of Appeals for the Fifth Circuit announced that most of the Texas law does not violate the U.S. Constitution. City of El Cenizo v. Texas, No. 17-50762, slip op. (5th Cir. March 13, 2018). As a result, Texas law enforcement agencies and local governments are now blocked from choosing to limit [...]

Posted by César on March 14, 2018 on 6:42 am 2 Comments
Filed Under: 10th Amendment, 14th Amendment, 1st Amendment, 4th Amendment, 5th Circuit Court of Appeals, Due Process Clause, local immigration policing, preemption, sanctuary

Justice Department takes swipe at California

On Tuesday, the Justice Department sued California claiming parts of three new state laws intended to protect immigrants violate the United States Constitution. This next step in the Trump administration’s hardline immigration enforcement practices isn’t a surprise. On the contrary, the ongoing dispute between federal officials and the country’s most populous and economically productive state has been leading in this direction for at least fourteen months. Now that the complaint has been filed, the irony of the Trump administration’s main legal claim is remarkable. The thrust of the Justice [...]

Posted by César on March 7, 2018 on 3:34 am Leave a Comment
Filed Under: 10th Amendment, local immigration policing, preemption, sanctuary, Supremacy Clause, U.S. District Courts, Uncategorized

Colorado Supreme Court nixes anti-smuggling crime

In a long due decision, a divided Colorado Supreme Court held the state’s human smuggling crime unconstitutional. The court’s decision in Fuentes-Espinoza v. People, No. 13SC128 (Colo. October 10, 2017), returns public attention to 2006 when the state legislature enacted a host of anti-migrant legislation. In Fuentes-Espinoza, the court concluded that the state legislator overstepped its authority that year when it criminalized conduct already regulated by federal immigration law. The U.S. Constitution’s Supremacy Clause commands that state law must give way anytime it affects the same [...]

Posted by César on October 24, 2017 on 4:00 am Leave a Comment
Filed Under: Colorado state court, local immigration policing, preemption, state court, Supremacy Clause

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