Law360 (August 13, 2019, 9:43 PM EDT) — Labor unions and workplace rights advocates urged the U.S. Supreme Court on Tuesday to find that federal immigration law preempts the use of I-9 documents in prosecuting state identity theft crimes.
The groups asserted in amicus briefs that the federal government has sole authority to enforce the Immigration Reform and Control Act’s provisions prohibiting employees from making fraudulent misrepresentations when verifying their employment authorization through an I-9 form. The state of Kansas, therefore, cannot use I-9 forms to reinstate the state identity theft convictions of three unauthorized immigrants who used stolen Social Security numbers to gain employment, they said.
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