Supreme Court Rules 5-4 That States Can Charge Illegal Immigrants For I.D. Theft
In the case of Kansas v. Garcia, three immigrants who are in the U.S. illegally used someone else’s Social Security number on their I-9 forms, as well as on tax-withholding forms. They argued that state prosecutors improperly used information from their I-9 forms.
The state dropped charges that relied on those forms and agreed not to use them during their trials while claiming that the law does not prevent them from using their use of false Social Security numbers on tax documents.
All three were convicted, and all three convictions were upheld by the Kansas Court of Appeals before the Kansas Supreme Court reversed the decisions. The Kansas Supreme Court ruled that charges were improper because “[t]he fact that this information was included in the W–4 and K–4 did not alter the fact that it was also part of the I–9.”