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No. 17-834October Term 2019Decided Mar 3, 2020

Docket 17-834October Term 2019 (2019–2020)

Kansas v. Garcia

Kansas prosecuted several unauthorized workers for identity theft and related state crimes after they used other people’s Social Security numbers on job and tax forms.

Case status

Current stage
Decided
Latest event
Decision released Mar 3, 2020
Case Accepted
Arguments
Decision ReleasedMar 3, 2020
What it's about

Kansas prosecuted several unauthorized workers for identity theft and related state crimes after they used other people’s Social Security numbers on job and tax forms. The case is about whether federal immigration law blocks states from bringing those prosecutions because the conduct overlaps with the federal employment-verification system.

Question presented

1. Whether IRCA expressly preempts the States from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any person (citizen or alien) when that same, commonly used information also appears in non-IRCA documents, such as state tax forms, leases, and credit applications. 2. Whether the Immigration Reform and Control Act impliedly preempts Kansas's prosecution of Respondents?

Case path

Supreme Court of Kansas / Decision released Mar 3, 2020

Area

Immigration, Business and Regulation

Timing

Decided March 3, 2020

The Court released its decision on March 3, 2020 without hearing oral argument.

Grounding