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The US Supreme Court began assessing whether states can prosecute immigrants who use fake Social Security numbers.

In the week that just ended, the Magistrates of the highest Court of Justice began to evaluate the arguments in the appeal of a ruling of the Kansas State Court. The court rejected three sentences of undocumented immigrants after concluding that the State of Kansas was attempting to punish them for possessing a false identification when it came to employment. In this regard, the highest State Court had determined that only the Federal Government has the authority of who may or may not work in the country.

It is no secret to anyone that there are countless undocumented workers who are using Social Security numbers that do not belong to them. The question that needs to be asked is whether states can accuse these immigrants of identity theft, and whether states can enforce Federal laws.

Background:

It all started when 3 Johnson County immigrants in Kansas used Social Security numbers of other people on the I-9 form that companies use to verify the immigration status of employees as well as other documents for paying taxes. In this sense, the undocumented immigrants were accused of using stolen Social Security cards to obtain employment ,and by September 2017, the Kansas Supreme Court annulled the sentences and the State of Kansas decided to appeal to the Supreme Court of Justice.

The judges of the highest State Court explained that the “Immigration Control and Reform Act of 1986” prevents the State prosecution of immigrants, because one of the clauses states that the information contained in Form I-9 only serves to comply with Federal Migration Laws.

It is up to the US Supreme Court to establish whether Social Security as identification is the jurisdiction of the Federal Government, and if it allows states like Kansas to accuse those who use fake Social Security numbers.

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