Kansas Finds a Way to Go After Working Illegal Immigrants: Supreme Court Considers If It’s Legal

The Supreme Court

You can’t call it what it is, so you call it what it isn’t.

The State of Kansas made it illegal to use someone else’s Social Security number.  Kansas calls it identity theft, but it looks a lot like an attempt to enforce immigration laws, since most of the people caught up in the law are illegal immigrants who use fake Social Security numbers when applying for work.

But that’s a problem.  A 1986 law, the Immigration Reform and Control Act, puts immigration issues in federal jurisdiction, not state.

The U.S. Supreme Court on Wednesday appeared divided over the legality of Kansas prosecuting three immigrants for violating identity theft laws by using other people’s Social Security numbers.

The Kansas Supreme Court voided the convictions of the three restaurant workers, but state prosecutors appealed.

The case tests how state criminal laws can be used against illegal immigrants and other people who do not have work authorization in the United States.

Conservative Justice Brett Kavanaugh joined the court’s four liberal justices in asking questions that voiced concern that the state’s pursuit of these cases effectively gave it a way to go after unauthorized workers, a role reserved for the federal government.

Other conservative justices appeared inclined to accept that the state’s prosecutions were not immigration-related (wink, wink).

Kansas has said the lower court’s ruling would undermine the state’s ability to combat identity theft. But immigrant rights groups said giving states power to prosecute employment fraud would let them take immigration policy into their own hands. Kansas is one of several conservative-leaning states that have sought to crack down on illegal immigrants.

Lawyers for the three men said that the federal government has the sole authority to prosecute individuals for providing fraudulent information during the I-9 employment verification process. The state said the men were prosecuted for the same false information that was placed on different forms used to withhold wages for tax purposes.

The state said in court papers that if the Kansas Supreme Court ruling is allowed to stand, “unauthorized aliens would enjoy a favored status, with immunity from state prosecution for violating criminal statutes that apply to everyone else.”

5 Comments

  1. what would happen to a LEGAL AMERICAN if they were caught using someone else SS number? isn’t that against the law? why aren’t these 3 men being DEPORTED instead of having the “balls” to “steal” someone’s SS number? America is going to hell in a hand basket as the old ones used to say! what have we become? we’re letting whole world run over us & take what our ancestors worked & died for! open our eyes & ears please Lord JESUS!

    • We need to get control back of our country. We need more conservatives not moderates in Congress and the Supreme Court.

  2. I do not understand why the general public in the United States of America does not consider people coming into the country illegally as stealing. Hence the label illegal. My parents, sister and myself came into this country in 1951. In order for us to get in we had to have all health and dental issues addressed. My father had to have a sponsor and guaranteed job. My parents both became citizens as did my sister, and I was nationalized when I turned 16.
    I feel all should be accountable to these standards. I have no statistics, but would be willing to bet, there are no more oppressed people in the world today than there were back then (based on percentage increased world population).
    I am a 70 year old caucasian male that believes ALL people should be treated equally. I also believe if you are not here legally you should receive no benefits.
    My father was Polish and my mother was Scottish and all of us were and are Proud Americans.

  3. “Other conservative justices appeared inclined to accept that the state’s prosecutions were not immigration-related (wink, wink).” Does the law apply to all people in Utah? Is the law applied to an illegal activity (identity theft/filing a false state tax return)? Yes to both. Good law.
    I find it ironic that American citizens are the sovereigns of our nation, yet the federal government says only IT can enforce the laws of the American people. So, the question becomes: are the federal laws made for the bureaucrats in DC, or for the American People?

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