Justices Urged To Bar States' Use Of I-9s In Prosecutions

Law360 (August 7, 2019, 8:57 PM EDT) -- Three unauthorized immigrants who used stolen Social Security numbers to gain employment urged the U.S. Supreme Court on Tuesday not to reinstate their state identity theft convictions, arguing that federal immigration law preempts using I-9 documents to prosecute such crimes.

Ramiro Garcia, Donaldo Morales and Guadalupe Ochoa-Lara said in a brief that the Immigration Reform and Control Act specifically prohibits states from using any information on I-9 forms to prosecute identity theft.

The state of Kansas is challenging a Kansas Supreme Court ruling that the immigrants' state convictions were preempted by the IRCA, which requires employers to verify their employees' immigration...

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