Big! States can prosecute illegal aliens for identity theft


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.


Supreme Court decision on state prosecution of identity theft by illegal immigrants by Johannah Winter on Scribd



  1. It seems there are illegals who think this identity theft is inconsequential. Many have openly admitted to committing the crime for employment purposes. There is no concern by them for those whose identity has been manipulated. It can have serious consequences for the victims, either now or far down the road. If a person uses that identity for employment, than what else are they willing to do with those documents.

    This gives a serious felony record against those illegals, which in turn will make processing for deportation much easier, and some, at least, are those on the DACA rolls. And Obama actually laid the groundwork for deportation of those illegals. Maybe they should have realized his “promises” aren’t worth the paper printed on.

  2. There were thirteen people using my identity. It wasn’t news to me until a legal case regarding the SSA was opened.
    And this is a Red State that comes off nothing but if you have a license then you can vote in any state.

  3. Seems like a win but Democrats will fight it and drag their feet and lie and cheat and destroy evidence and warn/assist the illegal aliens…so it won’t matter anyway.

  4. Fake green cards, fake state id’s, fake social security cards, and so on down the line should be prosecuted at both the State and Federal level. If the feds drop the ball, the States should have the power to prosecute.

    • Judy, in my mind and I’m sure your mind, entering our country as you describe is against the law. Why is it those doing it are not called the criminals they are? That is why I call them, criminal trespassers.

  5. I remember a case once where an illegal alien was being prosecuted for identity theft for using a somebody else’s SSN. The case was thrown out because the judge decided the illegal didn’t know the SSN he was using belonged to somebody else.

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