It’s hard to believe we needed a court case, that had to go to the Supreme Court, to allow state prosecution of illegal aliens who steal identities. But, we did.
The Supreme Court ruled on Tuesday that state governments can prosecute illegal aliens of identity theft, including aliens who use false Social Security numbers to unlawfully gain employment.
The 5-4 decision determined that there is nothing in federal immigration law that forbids state prosecutors from going after undocumented aliens who used false or stolen identification.
The leftist justices on the Court argued that immigration-related employment fraud is a federal matter. That would leave states without any power to deal with illegal alien fraud.
“Although IRCA expressly regulates the use of I–9’s and documents appended to that form, no provision of IRCA directly addresses the use of other documents, such as federal and state tax withholding forms, that an employee may complete upon beginning a new job,” wrote Justice Samuel Alito on behalf of the court’s majority.
Alito was joined by Justices John Roberts, Clarence Thomas, Brett Kavanaugh, and Neil Gorsuch.
This overturns a 2017 court case in Kansas which voided the convictions of three restaurant workers who used false identities to gain employment.
The Kansas Supreme Court ruled it is not a state matter and they could not be prosecuted by the state. But Kansas argued it was not an immigration matter, and it would prevent them from fighting identity theft.