Analysis

High Court ID Theft Ruling Raises Stakes For I-9 Compliance

Law360 (March 6, 2020, 10:16 PM EST) -- A recent U.S. Supreme Court decision making it easier for states to prosecute unauthorized immigrants for identity theft puts more heat on businesses to ensure their employment verification practices square with federal immigration law.

Attorneys say the high court's Tuesday ruling in Kansas v. Garcia, which held that information contained in federal I-9 forms used to verify employees' work authorization is fair game in state criminal prosecutions, will give states another tool to prosecute immigrants for falsifying documents needed to rent apartments or hold jobs.

The ruling will likely spur more criminal prosecutions of unauthorized immigrants and, in turn, force employers to...

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