Supreme Court Narrowly Rules that Illegals Can be Prosecuted for Identity Theft

In a 5-4 decision, the United States Supreme Court ruled that illegal aliens are not shielded from prosecution for the crime of identity theft solely because of their illegal status, according to Fox.

The controversy surrounded the Immigration Control and Reform Act, which says that information put down on an I-9 work authorization form cannot be used by law enforcement, for such purposes as evidence in a criminal case, unless otherwise specified on a case-by-case basis. Ultimately, the court ruled that such information can be used by law enforcement if the illegal alien in question puts down someone else’s information in the act of identity theft.

The court’s five conservative justices decided the outcome of the case, Kansas v. Garcia, with the court’s four liberal justices dissenting. In the case, three illegal aliens used someone else’s Social Security number on their I-9 forms, and tried to claim that state prosecutors were not permitted to use those I-9 forms as evidence in the criminal charges against them. Although the three were convicted and that ruling was upheld by the Kansas Court of Appeals, it was overturned by the Kansas Supreme Court.

Justice Samuel Alito, writing for the majority, pointed out that, by this logic, “no information placed on an I-9…could ever be used by any entity or person for any reason.”

About Eric Lendrum

Eric Lendrum graduated from the University of California, Santa Barbara, where he was the Secretary of the College Republicans and the founding chairman of the school’s Young Americans for Freedom chapter. He has interned for Young America’s Foundation, the Heritage Foundation, and the White House, and has worked for numerous campaigns including the 2018 re-election of Congressman Devin Nunes (CA-22).

Photo: Getty Images

Content created by the Center for American Greatness, Inc. is available without charge to any eligible news publisher that can provide a significant audience. For licensing opportunities for our original content, please contact

Want news updates?

Sign up for our newsletter to stay up to date.