State v. Garcia
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The Supreme Court vacated its decision reversing the lower courts' conclusions that the Immigration Reform and Control Act of 1986 (IRCA) did not preempt Defendant's prosecution for identity theft, holding that, in accordance with the decision of the United States Supreme Court on certiorari in this case, Defendant's prosecution was not preempted by the IRCA.
A district court judge found Defendant guilty after denying his motion to dismiss charges based on representations in his W-4 employment form and I-9 form. On appeal, Defendant argued that the IRCA preempted identify theft prosecutions. The court of appeals affirmed. The Supreme Court reversed, concluding that IRCA preempted Defendant's prosecution. The United States Supreme Court granted certiorari and held that state law prosecutions for identity theft were not preempted by the IRCA. The Kansas Supreme Court affirmed in accordance with the decision of the United States Supreme Court.
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