Scotuscast

On Oct. 16, 2019, the U.S. Supreme Court heard argument in Kansas v. Garcia, a case involving a dispute over whether the federal Immigration Reform and Control Act (IRCA) precludes states from using any information contained in a federal Form I-9, (which includes common information such as name, date of birth, and social security number) to prosecute the person with a state crime.Respondents Ramiro Garcia, Donaldo Morales, and Guadalupe Ochoa-Lara were convicted of identity theft (and/or making a false information) by the state of Kansas, for using social security numbers that were not theirs on federally required employment or housing-related paperwork. Respondents argued that their convictions were invalid on the grounds that IRCA preempts the use of such information in a state prosecution. The Kansas Supreme Court agreed and reversed the convictions, holding that IRCA expressly preempted state prosecutions that use information contained in a federal I-9 form. That decision conflicted with those of variou