AZMEX I3 POLICY 18-6-18

AZMEX I3 POLICY 18 JUN 2018

Note: Not in this story, of course, she was a illegal immigrant in AZ
Thx


Mesa mom Guadalupe Garcia de Rayos trying to return after being deported

BY GRISELDA ZETINO
JUNE 18, 2018 AT 4:45 AM

http://ktar.com/story/2108796/mesa-mom-guadalupe-garcia-de-rayos-trying-return-deported/

Angel Rayos-Garcia and Jackie Rayos-Garcia, whose mother Guadalupe Garcia de Rayos was deported earlier this month, accompanied by Rep. Raul Grijalva, D-Aria., right, and Rep. Ruben Gallego, D-Ariz., second from right, speaks during a news conference on Capitol Hill in Washington, Tuesday, Feb. 28, 2017. (AP Photo/Luis Alonso Lugo)


PHOENIX — A deported mother from Mesa is trying to return to the United States.

Guadalupe Garcia de Rayos, a mother of two, was deported last year after she was convicted of a felony for using someone's Social Security number to work.
Now, her attorney Ray Ybarra Maldonado is trying to get the felony conviction dismissed so he can work on getting her back to the U.S.

"Having a felony conviction on your record the type that she has makes it nearly impossible to come back to the country," Maldonado said.

He filed a petition with the Maricopa County Superior Court to appeal her conviction.

At a three-hour-long hearing last week, he argued Garcia de Rayos' felony conviction should be thrown out due to changes in the law that prevent state government officials from using information in federal documents submitted for purposes of obtaining work.


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In the case of Garcia de Rayos, she was arrested during a 2008 workplace raid ordered by then-Maricopa County Sheriff Joe Arpaio.

She was later convicted of a felony for using someone's Social Security number to work.


In 2016, U.S. District Court Judge David Campbell ruled that the laws used to back Arpaio's workplace raids served a legitimate law-enforcement tool to go after identity theft. However, Campbell also said state attorneys can't use I-9 employment eligibility forms to investigate or prosecute state identity-theft or forgery violations because that preempts federal law.

Maldonado noted a case out of Kansas went even further than Campbell. The Kansas Supreme Court ruled in that case that prosecuting someone for identity theft for using another person's Social Security number to get a job "is expressly preempted by the federal Immigration Reform and Control Act of 1986."

"Because of those significant changes in the past decade, individual with these convictions should have their convictions overturned," Maldonado said.

He said having Garcia de Rayo's felony conviction dismissed would increase her chances of being able to come back to the U.S.

"Someone with an overturned felony conviction would certainly have a stronger argument to be let back into the country than someone that has a felony on their record," he said.

The Maricopa County Superior Court could issue a decision in a few weeks or months.

END