Law360: Feds, Conservatives Weigh States’ Use Of I-9s In Prosecutions

IRLI In The News

June 3, 2019

By Tiffany Hu

The federal government and several others have urged the U.S. Supreme Court to reinstate the state convictions of three unauthorized immigrants who used stolen Social Security numbers to gain employment, saying the Immigration Reform and Control Act does not preempt the use of information on I-9 documents for state identity theft prosecutions.

The solicitor general, a state coalition led by Indiana, and conservative groups the Eagle Forum Education & Legal Defense Fund and the Immigration Reform Law Institute each penned amicus briefs Friday backing the state of Kansas’ challenge of a Kansas Supreme Court ruling that the state convictions of Ramiro Garcia, Donaldo Morales and Guadalupe Ochoa-Lara were preempted by the IRCA, which requires employers to verify their employees’ immigration status through the use of the I-9 form. The justices agreed to take up the case in March. Read the full story at Law360.

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