Kansas v. Garcia recaps employer hiring obligations

The U.S. Supreme Court recently reinstated the convictions of three unauthorized workers for identity theft in the workplace. This case reminds of us the importance of solid hiring procedures and training, as well as the penalties employers may face if they hire unauthorized workers.

Supreme Court allows state prosecution of identity theft

On March 3, the U.S. Supreme Court ruled Kansas prosecutors can try individuals for fraud when they use false Social Security numbers (SSNs) to obtain employment. In Kansas v. Garcia, three restaurant workers were charged and convicted for identity theft because they used other people's SSNs on their I-9 forms and state and federal tax-withholding forms during the hiring process.

Originally, the Kansas Supreme Court overturned the convictions, ruling the federal government had exclusive authority to determine whether an immigrant may work in the United States. In a 5-4 opinion authored by Justice Samuel Alito, however, the Supreme Court overruled the Kansas court, finding federal immigration law doesn't prohibit state prosecution for identity theft committed for employment purposes. The Court reasoned the Immigration Reform and Control Act of 1986 (IRCA) doesn't prohibit such state prosecution, even if the Kansas state law at issue “overlap[s] to some degree with federal criminal provisions.”

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