Immigration Reform and Control Act

In a 5-4 decision in Kansas v. Garcia the Supreme Court held that the Immigration Reform and Control Act (IRCA) does not preempt state statutes that provide a basis for identity theft prosecutions when someone uses another person’s Social Security Number on their state and federal tax-withholding forms.

The IRCA requires employers to verify, using a federal work-authorization form, that an employee is authorized to work in the United States....

The Immigration Reform and Control Act (IRCA) states that any information contained in the Form I-9, which is used to verify a person’s eligibility to work in the United States, may only be used for limited federal enforcement. The question the Supreme Court will decide in Kansas v. Garcia is whether the IRCA preempts states from using information contained in the I-9 to prosecute a person under state law (in this case for identity theft).

Most of the Trump administration’s disagreements over protecting undocumented immigrants have been with local governments. But on March 6 the Trump administration filed a complaint against the State of California. The administration claims three California statutes aimed at protecting undocumented immigrants are preempted by federal immigration law. The administration asks the court to issue a preliminary injunction disallowing California from enforcing the statutes.