Law360: Supreme Court Appears Split On Kansas’ Use Of I-9 Info

IRLI In The News

October 16, 2019

By Jimmy Hoover

The Supreme Court justices appeared split Wednesday over whether federal immigration law prevented Kansas from using information on I-9 forms to prosecute three unauthorized immigrants for identity theft, with one justice perplexed by the argument that states can’t use the information and another suggesting the court should have never taken the case.

Kansas is appealing a ruling from its state high court vacating the convictions of Ramiro Garcia, Donaldo Morales and Guadalupe Ochoa-Lara, who used stolen social security numbers to gain employment. The state justices said that the 1986 Immigration Reform and Control Act (IRCA) preempted the prosecution because of a provision in the law that says “any information contained in or appended to” the I-9 form “may not be used for purposes other than for enforcement of” the federal immigration laws. Read the full story at Law360.

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