Giuseppe Sandro Mela.
2019-04-20.
Quanto segue non è una barzelletta.
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«The Supreme Court agreed on Monday to hear a case next term concerning Kansas’ prosecution of three undocumented immigrants for using stolen Social Security numbers in an effort to gain employment»
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«Those convictions were overturned when the Kansas Supreme Court ruled that the federal immigration law at issue preempts a state from prosecuting undocumented immigrants, when the basis of the claim comes from information that has been culled from federal immigration forms.»
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«The case raises the question about the extent to which federal immigration law preempts states from also trying to enforce immigration law.»
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«Now that the court has taken up the case, if it “overturns the Kansas court’s decision, all states could prosecute non-citizens for identity theft more easily»
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«The Immigration Reform and Control Act preempts the state from using information to prosecute individuals if the information is on the federal I-9 form, even though the state did not use the I-9 form to gather the information for the criminal prosecutions»
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«In Kansas, however, three immigrants were caught using other individuals’ Social Security numbers in order to obtain employment. »
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Il cuore del ragionamento è riassumibile in una frase:
«federal immigration law pre-empts the state from enforcing state criminal law»
