By Dave Gibson, March 4, 2020
On Tuesday, in a 5-4 decision, the U.S. Supreme Court ruled that illegal aliens who use someone else’s identity, fake or stolen Social Security numbers (SSNs), on pre-employment tax forms,are eligible for criminal prosecution. Well, yeah.
The 1986, Immigration Control and Reform Act (IRCA) made using false information on an I-9 work authorization form a federal crime.
However, the left has been arguing that only the federal government can prosecute for such crimes, while the states cannot prosecute illegal aliens for using someone else’s (presumably a citizen or someone here with a work permit) identity on tax forms.
The issue came to the high court’s attention due to the case of Kansas v. Garcia. In this case, three illegal aliens were prosecuted by the state of Kansas for using stolen (SSNs) on their I-9 and tax-withholding forms.
All three were found guilty, and the convictions were upheld by the Kansas Court of Appeals. But the Kansas Supreme Court threw out the convictions, claiming states have no jurisdiction in these matters.
Of course, Tuesday’s decision changed all of that, and cleared the way for states to prosecute for the crime as well. The decision was a victory for the Trump Administration and 12 states who all argued that illegal aliens can be prosecuted, because they are also filing false information on state work and tax forms.
Justices Samuel Alito, Clarence Thomas, John Roberts, Neil Gorsuch, and Brett Kavanaugh voted in the majority.
In the dissenting opinion, Justice Stephen Breyer wrote that federal law “makes clear that only the federal government may prosecute people for misinterpreting their federal work-authorization status.”
Not surprisingly, Breyer was joined in his opinion by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan.
So, let’s get this straight…
Every legal authority clearly agrees that it is a crime to lie on their tax forms, and using a stolen SSN is also a prosecutable offense. However, there are four Supreme Court justices who just attempted to protect those here illegally from prosecution for such crimes.
The real story here is not the Supreme Court’s decision. But that Justices Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan, all attempted on Tuesday, to create a two-tiered justice system, one in which, citizens and legal immigrants would be the losers.
Only in America!