Thursday, February 9th, 2017

Minn. Ct. App. on 8 U.S.C. Sec. 1324a(b)(5) – State v. Reynua II

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Bruce D. Nestor writes: "In a 2011 decision, the Minn. Court of Appeals reversed a state perjury conviction based on a false statement on an I-9 form, concluding that 8 USC 1324a(b)(5) and federal law in general preempts a state prosecution relying upon the I-9 form.  However, that 2011 decision in a muddled and confusing way, seemed to carve out an exception to allow a state prosecution for forgery, based on presentation of a false State ID to complete the I-9, to preserve the state's interest in preserving the integrity of its own identification documents.  After a Petition for Review to the MN Supreme Court, and remand back to the