Identity Theft

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).

CSG Midwest

As the U.S. Congress considers legislation to better protect consumers from the threats posed by data breaches and identity theft, the nation’s state attorneys general have delivered a unified message: Don’t pre-empt state laws. Forty-four attorneys general (including 10 from the Midwest) signed the July letter to lawmakers. “Additional protections afforded consumers by a federal law must not diminish the important role states already play,” they wrote.

Suggested State Legislation: This Act limits how long companies that process credit card and related electronic transactions can retain sensitive information such as card security code data and PINs after a transaction is made.