U.S. Supreme Court sides with Kansas in identity theft case

(AP) The Supreme Court is making it easier for states to prosecute immigrants who use fake Social Security numbers to get a job. The issue for the court was whether states could pursue the immigrants in court or had to leave those choices to the federal government, which typically has authority over immigration. The court ruled 5-4 Tuesday, with conservatives in the majority, that nothing in federal immigration law prevents states from going after immigrants who use phony identification. It reversed a ruling by the Kansas Supreme Court that the federal government has exclusive authority to determine whether an immigrant may work in the United States.

“Taken at face value, [the Kansas Supreme Court’s] theory would mean that no information placed on an I-9 — including an employee’s name, residence address, date of birth, telephone number, and e-mail address — could ever be used by any entity or person for any reason,” Justice Samuel Alito wrote in the majority opinion. “This interpretation is flatly contrary to standard English usage.”

Kansas Attorney General Derek Schmidt said today’s decision makes clear Kansas may continue to enforce its identity theft laws without regard to the offender’s employment status or immigration status.

“Congress never intended to block Kansas from prosecuting people who falsify tax forms or private legal documents merely because the defendant also falsified federal employment verification forms,” Schmidt said. “Today’s ruling makes clear that state identity theft laws apply to everybody, including offenders who are in the country unlawfully and apply for a job.