When federal authorities elected not prosecute a Guatemalan man for using a fake social security card to work, the state of Kansas obtained a conviction for identity theft and putting false information on employment forms. The Kansas Supreme Court overturned the conviction, saying that only the federal government has the authority to decide if an immigrant is authorized to work in the U.S. On Wednesday, the Supreme Court heard oral arguments on the issue. The Trump administration has filed a brief supporting Kansas, arguing that states have authority to prosecute fraud and identity theft. The attorney for the immigrants argued that giving states authority in this case will force small businesses to hand over employee documents, harm families, and cause a chilling effect on reporting crimes. Viewers of the hearings noted that the court appeared divided.

– Weekly Immigration Briefing by Olivia Hester, Immigration Law Analyst at Docketwise

Posted in: Immigration