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Kansas V. Garcia
''Kansas v. Garcia'', 589 U.S. ___ (2020), was a case of the United States Supreme Court that was decided, by a 5–4 majority, in 2020. The case concerned whether it was lawful for a State to enforce laws criminalizing the making of fraudulent representations by aliens who were not authorized to work in connection with obtaining a job; the Court held that it was. Background In the United States, federal law makes it unlawful to employ an immigrant who lacks authorization to work. In order to ensure compliance with this law, employers must verify that their employees are authorized to work by having them complete Form I-9, which contains certain personal information. The form requires the prospective employee to attest under penalty of perjury to their authorization to work. Federal law prohibits the use of the I-9 for law enforcement purposes, with limited exceptions for certain federal crimes (for example, making a fraudulent representation on an I-9); for this reason, the State ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immigration Reform And Control Act Of 1986
The Immigration Reform and Control Act (IRCA or the Simpson–Mazzoli Act) was passed by the 99th United States Congress and signed into law by U.S. President Ronald Reagan on November 6, 1986. The Immigration Reform and Control Act altered U.S. immigration law by making it illegal to hire illegal immigrants knowingly and establishing financial and other penalties for companies that employed illegal immigrants. The act also legalized most undocumented immigrants who had arrived in the country prior to January 1, 1982. Legislative background and description Romano L. Mazzoli was a Democratic Representative from Kentucky and Alan K. Simpson was a Republican Senator from Wyoming who chaired their respective immigration subcommittees in Congress. Their effort was assisted by the recommendations of the bipartisan Commission on Immigration Reform, chaired by Rev. Theodore Hesburgh, then President of the University of Notre Dame. These sanctions would apply only to employers who ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US State
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders (such as paroled convicts and children of divorced spouses who share child custody). State governments in the U.S. are allocated power by the people (of each respective state) through their individual state constitutions. All are grounded in republican principles (this being required by the federal constitution), and each provides for a government, consisting of three branches, each with separate and indepen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Illegal Immigrant
Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upward, from poorer to richer countries. Illegal residence in another country creates the risk of detention, deportation, and/or other sanctions. Asylum seekers who are denied asylum may face impediment to expulsion if the home country refuses to receive the person or if new asylum evidence emerges after the decision. In some cases, these people are considered illegal aliens, and in others, they may receive a temporary residence permit, for example with reference to the principle of non-refoulement in the international Refugee Convention. The European Court of Human Rights, referring to the European Convention on Human Rights, has shown in a number of indicative judgments that there are enforcement barriers to expulsion to certain countries, f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Form I-9
Form I-9, officially the Employment Eligibility Verification, is a United States Citizenship and Immigration Services form. Mandated by the Immigration Reform and Control Act of 1986, it is used to verify the identity and legal authorization to work of all paid employees in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. Requirements The Immigration Reform and Control Act of 1986 (IRCA) required employers to verify that all newly hired employees presented facially valid documentation verifying the employee's identity and legal authorization to accept employment in the United States. The I-9 form, or more properly the Employment Eligibility Verification Form, is provided by the federal government for that purpose. Every employee hired after November 6, 1986 must complete an I-9 form at the time of hire. Employees must complete Section 1 of the form upon commencing employment. The emp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an instance of a person’s deliberately making material false or misleading statements while under oath. – Also termed false swearing; false oath; (archaically forswearing." Like most other crimes in the common law system, to be convicted of perjury one must have had the ''intention'' (''mens rea'') to commit the act and to have ''actually committed'' the act (''actus reus''). Further, statements that ''are facts'' cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an ''interpretation'' of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Preemption
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. Constitutional basis According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. As the Supreme Court stated in '' Altria Group v. Good'', 555 U.S. 70 (2008), a federal law that conflicts with a state law will overtake, or "preempt", that state law: Consistent with that command, we have long recognized that state laws that conflict with federal law are "without effect". '' Maryland v. Louisiana'', 451 U. S. 725, 746 (1981) Although many concurrent powers are subject t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Overland Park, Kansas
Overland Park ( ) is the second-most populous city in the U.S. state of Kansas. Located in Johnson County, Kansas, it is one of four principal cities in the Kansas City metropolitan area and the most populous suburb of Kansas City, Missouri. As of the 2020 census, the population of the city was 197,238. History In 1905, William B. Strang Jr. arrived and began to plot subdivisions along an old military roadway, which later became the city's principal thoroughfare. He developed large portions of what would later become downtown Overland Park. On May 20, 1960, Overland Park was officially incorporated as a "city of first class", with a population of 28,085. Less than thirty years later, the population had nearly quadrupled to 111,790 in 1990, increasing to 173,250 as of the 2010 census. Overland Park officially became the second largest city in the state, following Wichita, Kansas, after passing Kansas City, Kansas in the early 2000s. Population growth in the city can mainly be a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Security Number
In the United States, a Social Security number (SSN) is a nine-digit number issued to U.S. citizens, permanent residents, and temporary (working) residents under section 205(c)(2) of the Social Security Act, codified as . The number is issued to an individual by the Social Security Administration, an independent agency of the United States government. Although the original purpose for the number was for the Social Security Administration to track individuals, the Social Security number has become a ''de facto'' national identification number for taxation and other purposes. A Social Security number may be obtained by applying on Form SS-5, Application for a Social Security Number Card. History Social Security numbers were first issued by the Social Security Administration in November 1936 as part of the New Deal Social Security program. Within three months, 25 million numbers were issued. On November 24, 1936, 1,074 of the nation's 45,000 post offices were designated "typing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Form W-4
Form W-4 (otherwise known as the "Employee's Withholding Allowance Certificate") is an Internal Revenue Service (IRS) tax form completed by an employee in the United States to indicate his or her tax situation ( exemptions, status, etc.) to the employer. The W-4 form tells the employer the correct amount of federal tax to withhold from an employee's paycheck. Motivation The W-4 is based on the idea of "allowances"; the more allowances claimed, the less money the employer withholds for tax purposes. The W-4 Form is usually not sent to the IRS; rather, the employer uses the form in order to calculate how much of an employee's salary is withheld. An employee may claim allowances for oneself, one's spouse, and any dependents, along with other miscellaneous reasons, such as being single with only one job. In the latter case, this creates an oddity in that the employee will have one more exemption on the W-4 than on the 1040 tax return. This is not a tax deduction in itself, but a proc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immigration Reform And Control Act
The Immigration Reform and Control Act (IRCA or the Simpson–Mazzoli Act) was passed by the 99th United States Congress and signed into law by U.S. President Ronald Reagan on November 6, 1986. The Immigration Reform and Control Act altered U.S. immigration law by making it illegal to hire illegal immigrants knowingly and establishing financial and other penalties for companies that employed illegal immigrants. The act also legalized most undocumented immigrants who had arrived in the country prior to January 1, 1982. Legislative background and description Romano L. Mazzoli was a Democratic Representative from Kentucky and Alan K. Simpson was a Republican Senator from Wyoming who chaired their respective immigration subcommittees in Congress. Their effort was assisted by the recommendations of the bipartisan Commission on Immigration Reform, chaired by Rev. Theodore Hesburgh, then President of the University of Notre Dame. These sanctions would apply only to employers who had ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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