State v. Garcia

The Supreme Court reversed Defendant’s convictions on one count of identity theft, holding that Defendant’s prosecution was preempted by the federal Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. 1324a(b)(5). The convictions arose from Defendant’s act of using another person’s Social Security number to obtain employment. On appeal, Defendant argued that this identity theft prosecution against him was preempted by IRCA. The Supreme Court agreed and held that the State’s identity theft prosecution of Defendant based on the use of another person’s Social Security number to establish Defendant’s employment eligibility was expressly preempted by IRCA. View "State v. Garcia" on Justia Law