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STATE POLICE POWER

Kansas v. Garcia

Issues

Does the Immigration Reform and Control Act either expressly or impliedly prevent states from using any identifying information included on an I-9 form, such as name, birth date and social security number, to prosecute individuals for state law crimes when that same information also appears on forms other than the I-9?

Court below

The Immigration Reform and Control Act (“IRCA”) limits the use of the I-9 and “any information contained in or appended to such form” to the enforcement of specific federal immigration and criminal laws. In this case, the Supreme Court will determine whether this limitation contained in IRCA prevents states from using information contained on the I-9 form to prosecute individuals where that same identifying information is found on documents other than the I-9. Kansas argues that the language of IRCA does not preempt Kansas from prosecuting respondents, including Ramiro Garcia, for false information provided on his K-2 and W-4 forms, even if that same information was also found on his I-9 form. Kansas asserts that such prohibitions would limit the traditional police power of the state. Garcia argues that the language of IRCA prevents states from prosecuting individuals for identity theft in work authorization based on false information contained on both the I-9 and other forms. Garcia asserts that such state prosecutions would interfere with the federal enforcement scheme and strong federal interest in employment verification. The Court’s decision in this case will determine whether state or federal law applies to the prosecution of undocumented individuals in similar cases and will affect the employment of unauthorized workers from the perspective of both employers and employees.

Questions as Framed for the Court by the Parties

(1) Whether the Immigration Reform and Control Act expressly preempts the states from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any person (citizen or alien) when that same, commonly used information also appears in non-IRCA documents, such as state tax forms, leases, and credit applications; and (2) whether the Immigration Reform and Control Act impliedly preempts Kansas’ prosecution of respondents.

On August 26, 2012, police pulled over Respondent Ramiro Garcia for speeding as he drove to work at a restaurant. State v. Garcia at 1114. The officer ran a routine records check on Garcia during the stop, and the results led the officer to contact a detective in the financial crimes department to come to speak with Garcia.

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Acknowledgments

The authors would like to thank Professor Jacklyn Kelley-Widmer for her guidance and insights into this case.

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