Kansas v. Garcia

This case will be argued Wednesday, October 16 and is the final case that I am previewing for the October sitting. I skipped a couple of cases which involve rather dry and uninteresting matters of procedure.

Docket for 17-834 (Supreme Court docket #17-834)

Issues : (1) Whether the Immigration Reform and Control Act expressly pre-empts the states from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any person (citizen or alien) when that same, commonly used information also appears in non-IRCA documents, such as state tax forms, leases, and credit applications; and (2) whether the Immigration Reform and Control Act impliedly preempts Kansas’ prosecution of respondents. CVSG: 12/04/2018.

A fairly straightforward preemption case, notable mostly as it deals with immigration enforcement. I have not read the statute, but just given the fact that this information is commonly and abundantly available, preemption does not seem a plausible outcome, unless there is very specific preemption language in the statute.

Absent that language in the statute, it would seem proper to rule for Petitioner Kansas.

I’m having a real hard time here figuring out why this is even an issue, it’s not as though there’s anything classified about the info on the I-9 form and some states require employers to provide that information.