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Iowa court: State cannot prosecute immigrant using fake ID
kcci.com ^ | June 9, 2017

Posted on 06/10/2017 4:11:56 AM PDT by lowbridge

The Iowa Supreme Court says immigrants living in Iowa without legal permission and who use a stolen identity to get a job cannot be prosecuted by the state for identity theft or forgery.

The court, in ruling Friday on the case of 31-year-old Martha Martinez, says such immigration-related prosecutions are up to federal authorities not county prosecutors.

Martinez, who lives in Muscatine, was charged after she obtained a driver's license and Social Security number under the Obama administration's Deferred Action for Childhood Arrivals

(Excerpt) Read more at kcci.com ...


TOPICS: Crime/Corruption; News/Current Events; US: Iowa
KEYWORDS: aliens; illegalimmigration; immigration; iowa
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1 posted on 06/10/2017 4:11:56 AM PDT by lowbridge
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To: lowbridge

Law is in the court, justice in the alley.


2 posted on 06/10/2017 4:14:57 AM PDT by mrmeyer (You can't conquer a free man; the most you can do is kill him. Robert Heinlein)
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To: lowbridge

I wonder if she voted?


3 posted on 06/10/2017 4:14:59 AM PDT by RC one (The 2nd Amendment is a doomsday provision, one designed for those exceptionally rare circumstances)
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To: lowbridge

Are they saying there no laws Iowa against using someone else’s id?


4 posted on 06/10/2017 4:15:03 AM PDT by raybbr (That progressive bumper sticker on your car might just as well say, "Yes, I'm THAT stupid!")
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To: lowbridge

SESSIONS should disbar these judges. This ruling was made to ensure cheap farm labor remains in IOWA.


5 posted on 06/10/2017 4:17:25 AM PDT by stars & stripes forever (Blessed is the nation whose God is the Lord. Psalm 33:12)
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To: Liz; AuntB; La Lydia; sickoflibs; stephenjohnbanker; Tolerance Sucks Rocks; 2ndDivisionVet; ...

PING


6 posted on 06/10/2017 4:17:53 AM PDT by Tennessee Nana
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To: lowbridge

Impeach them.


7 posted on 06/10/2017 4:18:06 AM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: lowbridge
Judges are nutty, agenda-driven people.

But, given a choice between deportation and paying the cost of prosecution (and a judge is going to let them off on that anyway), better to deport them.

The state enforcement mechanism is on notice to this fact. If the identity thief is an alien, skip state law, go directly to ICE. Thank you judge!

8 posted on 06/10/2017 4:21:13 AM PDT by Cboldt
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To: lowbridge

It’s getting about time to start forming up onto well regulated militias. This is absolute LAWLESSNESS.


9 posted on 06/10/2017 4:21:51 AM PDT by TalBlack
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To: lowbridge
The Iowa Supreme Court says immigrants living in Iowa without legal permission and who use a stolen identity to get a job cannot be prosecuted by the state for identity theft or forgery.

Can a legal citizen be prosecuted for the same offense?

Equal Protection... I rest my case.

10 posted on 06/10/2017 4:23:12 AM PDT by Pearls Before Swine
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To: raybbr
-- Are they saying there no laws Iowa against using someone else's id? --

That law can not be enforced against aliens, says the Iowa Supreme Court. It does apply to US citizens. Equal protection, doncha know. "Equal" of course being legal code for "discriminatory depending on class."

11 posted on 06/10/2017 4:23:22 AM PDT by Cboldt
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To: lowbridge; All
Somebody help me with this historical question. Has there ever before been a country in which a runaway Judicial Branch took over all aspects of the government?

It's probably too late. What is needed is an amendment to the Constitution that nothing can be overturned without a panel of at least three impartial judges making that decision. Another nice restriction would be if any decision by judges only apply to their jurisdiction. The more I think about it, the worse I realize it is. One federal judge in Hawaii can overturn an order by the President of the US. That's chilling.

12 posted on 06/10/2017 4:25:57 AM PDT by grania (Deplarable and Proud of It!)
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To: lowbridge

So if a resident of a state other than
Iowa uses a fake id in Iowa, the state courts have
no jurisdiction?


13 posted on 06/10/2017 4:38:29 AM PDT by Maine Mariner
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To: lowbridge
"The court dismissed the charges saying only federal authorities can enforce immigration laws."

THIS is the judge's reason?? Is this person even sane?? The crime is the fraudulent use of documents and the commission of perjury in obtaining them, not "immigration laws". I also note that the article does not give the judges name. Anyone closer to the scene know who it is, as they should hear about it.

14 posted on 06/10/2017 4:47:33 AM PDT by Wonder Warthog (The Hog of Steel and NRA Life Member)
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To: lowbridge

Would this have meant David Banner would have gotten away with this when he was David Baxter or David Blackwell or David Blair, etc, etc?


15 posted on 06/10/2017 4:49:08 AM PDT by OttawaFreeper ("If I had to go to war again, I'd bring lacrosse players" Conn Smythe)
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To: lowbridge

Gee, I guess under the 14th amendment no one can be charged in Iowa!


16 posted on 06/10/2017 4:51:20 AM PDT by Lockbox
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To: OttawaFreeper

Don’t forget Richard Kimball.

He did the multiple identities first.


17 posted on 06/10/2017 4:52:19 AM PDT by wally_bert (I didn't get where I am today by selling ice cream tasting of bookends, pumice stone & West Germany)
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To: lowbridge

Before everyone goes off on the judge.....

There may be a solid legal basis for the jurisdictional ruling.....

The credentials were obtained by the defendant via a Federal “Law”, an Obama executive order.

The state court just punted the case to the federal court....didn’t rule on merit or make political comment...


18 posted on 06/10/2017 4:53:07 AM PDT by nevergore (I have a terrible rash on my covfefe....)
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To: Cboldt

How does this help the person whose identity was stolen? Once again American citizens get no justice when it comes to illegals.


19 posted on 06/10/2017 4:58:24 AM PDT by raybbr (That progressive bumper sticker on your car might just as well say, "Yes, I'm THAT stupid!")
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To: raybbr
-- How does this help the person whose identity was stolen? --

Neither criminal conviction nor deportation helps the victim.

-- Once again American citizens get no justice when it comes to illegals. --

"Justice" in the US is a for-profit industry to the benefit of lawyers, judges, and jailers.

20 posted on 06/10/2017 5:02:33 AM PDT by Cboldt
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