Iowa Supreme Court: Muscatine undocumented immigrant can't be prosecuted for ID theft

Case against Martha Aracely Martinez was reversed and remanded

The Iowa Supreme Court has ruled that an undocumented immigrant from Muscatine cannot be prosecuted for identity theft and fraud by the state, but should be handled by federal immigration authorities instead.

The case against Martha Aracely Martinez was reversed and remanded. Martinez, who was brought to the U.S. illegally as a child, is accused of presenting another person's documents to obtain employment at Packer Sanitation.

She was charged with identity theft and forgery after she stepped forward to admit to the matter.   Justices said federal authorities need to retain the flexibility to deal with matters like this as they deem appropriate, and that prosecuting the case criminally could harm immigration enforcement efforts.

 


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