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States Can Use Information Contained in I-9s to Prosecute Identity Theft

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March 3, 2020

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In Kansas v. Garcia, the U.S. Supreme Court stated that the federal Immigration Reform and Control Act of 1986 (ICRA) does not prohibit use of information contained in the federal Form I-9 from Kansas’s identity theft and false-information statutes.  This decision reversed a prior Kansas Supreme Court decision, and further determined that identifying information entered on Form I-9 was not covered by the provisions of ICRA.

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