Why would they do that? A human face on document fraud

As the Supreme Court hears oral argument in consolidated cases captioned under Kansas v Garcia on October 16, 2019, these stories in Slate,The Washington Post, and on lawandcrime.com highlight the human face of immigrants trying to navigating daily life and feeling pressure to engage in the common practice of providing a false social security to an employer for work.

The cases all present the issue of express/implied preemption in a state prosecution of state identity theft crimes using information from federal I-9 forms. The question is whether the  Immigration Reform and Control Act (IRCA) expressly or impliedly preempt states from using information provided on a federal Form I-9 in a prosecution of any person when the same information also appears in non-IRCA documents? For academic analysis of the preemption issue in the law suit from the administrative law perspective, see Bernard Bell‘s post in Yale JREG Notice and CommentPratheepan Gulasekaram‘s previously covered post in Scotusblog. 

MHC