Kansas v. Garcia

Kansas v. Garcia, 589 U.S. ___ (2020), is a case of the United States Supreme Court that was decided, by a 5–4 majority, in 2020.

Kansas v. Garcia
Argued October 16, 2019
Decided March 4, 2020
Full case nameKansas v. Ramiro Garcia, et al.
Docket no.17-834
Citations589 U.S. ___ (more)
140 S. Ct. 791; 206 L. Ed. 2d 146
ArgumentOral argument
Case history
PriorConviction affirmed, State v. Garcia, No. 112,502, 2016 WL 368054 (Kan. App. 2016); reversed, 306 Kan. 1113, 401 P.3d 588 (2017); cert. granted, 139 S. Ct. 1317 (2019).
Holding
The Immigration Reform and Control Act of 1986 neither expressly nor impliedly preempts Kansas’s application of its state identity-theft and fraud statutes to the noncitizens in this case.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
Neil Gorsuch · Brett Kavanaugh
Case opinions
MajorityAlito, joined by Roberts, Kavanaugh
ConcurrenceThomas, joined by Gorsuch
Concur/dissentBreyer, joined by Ginsburg, Sotomayor, Kagan
Laws applied
Immigration Reform and Control Act of 1986

Background

Ramiro Garcia was stopped for speeding in Overland Park, Kansas. After questioning, the officers discovered that Garcia was already the target of an active investigation. Police requested a records check from his employer; among the documents provided was his Form I-9, which listed the social security number of another person. Garcia had used this false number for other documentation, and so was arrested for identity fraud. The case was bundled with two other similar instances of purported identity fraud, involving Donaldo Morales and Guadalupe Ochoa-Lara, each involving Form I-9s and Form W-4s.[1]

Issue

Does the IRCA expressly or impliedly preempt states from using information provided on a federal Form I-9 in a prosecution of any person when the same information also appears in non-IRCA documents?

Supreme Court opinion

The 5–4 majority led by Justice Alito determined that the IRCA does not prohibit Kansas or another state from applying identity theft/fraud statutes to non-citizens under these circumstances.[2]

References
  1. https://www.oyez.org/cases/2019/17-834 Oyez
  2. https://www.scotusblog.com/2020/03/opinion-analysis-divided-court-permits-state-identity-theft-prosecution-of-noncitizens-in-the-employment-process/
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