Opinion analysis: Divided court permits state identity-theft prosecution of noncitizens in the employment process
Yesterday, in Kansas v. Garcia, a five-justice majority of the Supreme Court upheld Kansas’ prosecution of noncitizens who used stolen social security numbers to gain employment. Justice Samuel Alito’s majority opinion held that Kansas’ application of its state identity-theft and fraud statutes to the noncitizen respondents was neither expressly nor impliedly preempted by federal immigration …