In a 5-4 decision, the Supreme Court ruled that states can prosecute illegal aliens who steal IDs from American citizens in order to work in the U.S. An investigation by the Immigration and reform Law Institute (IRLI) two years ago found that there may have been as many as 39 million cases of this kind of identity theft between 2012 and 2016.
The Court’s ruling overturned a ruling by the Kansas Supreme Court which held that a state law against ID theft overlaps federal law so therefore it is invalid. The Supreme Court decided that “The mere fact that state laws like the Kansas provisions at issue overlap to some degree with federal criminal provisions does not even begin to make a case for conflict preemption. . . . [I]n the vast majority of cases where federal and state laws overlap, allowing the States to prosecute is entirely consistent with federal interests.”
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