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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

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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