The Supreme Court agrees to hear a case next term concerning Kansas' prosecution of three undocumented immigrants for using stolen Social Security numbers
Those convictions were overturned when the Kansas Supreme Court ruled that the federal immigration law at issue preempts a state from prosecuting undocumented immigrants, when the basis of the claim comes from information that has been culled from federal immigration forms.The case raises the question about the extent to which federal immigration law preempts states from also trying to enforce immigration law.
The Immigration Reform and Control Act preempts the state from using information to prosecute individuals if the information is on the federal I-9 form, even though the state did not use the I-9 form to gather the information for the criminal prosecutions.Read MoreAt issue is a federal law, the Immigration Reform and Control Act, which makes it illegal to employ unauthorized immigrants and establishes an employment verification system for employers.
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