Reuters by Andrew Chung 10/16/2019
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 in a dispute over whether the state impermissibly encroached on federal control over immigration policy.
The justices heard arguments in the state’s appeal of a 2017 Kansas Supreme Court ruling that voided the convictions of the three restaurant workers and found that a 1986 federal law called the Immigration Reform and Control Act prevents states from pursuing such prosecutions.
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. President Donald Trump’s administration backed Kansas in the case. Trump has made his hardline policies toward immigration a centerpiece of his presidency and 2020 re-election campaign.
The court’s four liberal justices as well as conservative Justice Brett Kavanaugh, a Trump appointee, asked 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. The court has a 5-4 conservative majority.
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https://www.reuters.com/article/us-usa-court-identitytheft/u-s-supreme-court-divided-over-kansas-immigrant-identity-theft-case-idUSKBN1WV27K