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Kansas High Court Bars Immigrants' Identity Theft Verdicts

Law360, New York (September 12, 2017, 4:30 PM EDT) -- The Kansas Supreme Court reversed identity theft convictions for three immigrants who used other people’s Social Security numbers to gain employment at various restaurants, finding that their prosecution was preempted by federal immigration law.

In three 5-2 decisions, the high court reasoned Friday that the state could not use information from Ramiro Garcia, Donaldo Morales and Guadalupe Ochoa-Lara’s I-9 employment forms based on federal statute regarding the employment of unauthorized immigrants. Congress communicated its intent that I-9 forms may not be used in prosecution outside of...
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