Supreme Court of the United States

Kansas, Petitioner v. Ramiro Garcia; Kansas, Petitioner v. Donaldo Morales; Kansas, Petitioner v. Guadalupe Ochoa-Lara

March 3, 2020589 U.S. 191

Summary

The Court held that federal immigration law neither expressly nor impliedly preempts Kansas prosecutions for using another person's Social Security number on tax-withholding forms, even when the same number also appears on an I-9 employment-verification form. It reversed the Kansas Supreme Court's judgments and remanded. Justice Thomas, joined by Justice Gorsuch, concurred, joining the Court's opinion in full while urging abandonment of purposes-and-objectives preemption and expressing skepticism about field preemption. Justice Breyer, joined by Justices Ginsburg, Sotomayor, and Kagan, agreed that express preemption did not apply but dissented from the implied-preemption holding, reasoning that Congress exclusively occupied the field of policing fraud committed to demonstrate federal work authorization.

Holding

  • Express preemption of prosecutions based on tax-withholding forms.. Federal law does not expressly preempt the Kansas prosecutions based on respondents' fraudulent use of Social Security numbers on W-4 and K-4 forms.
  • Field preemption of the Kansas prosecutions.. Federal immigration law does not occupy a field encompassing these prosecutions for fraudulent information supplied on tax-withholding forms.
  • Conflict preemption and interference with federal enforcement priorities.. The Kansas prosecutions do not conflict with federal law, and the possibility of disturbing federal enforcement priorities does not establish preemption.

Docket 17-834

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