Kansas v. Garcia: Restoring Historic State Police Powers In Traditional Areas Of Criminal Law Enforcement

Chantae N. Simms

In Kansas v. Garcia, the United States Supreme Court addressed whether the Immigration Reform and Control Act (“IRCA”) preempts states from prosecuting unauthorized aliens for identity theft based on false information found in federal and state tax-withholding forms, when the same information is also contained on a federal work-authorization form (“I-9 form”). The Court held that the IRCA does not preempt such state prosecutions. Ultimately, the Court correctly decided the case, as federalism favors deference to the historic police powers of the states in a traditional area of criminal law. Further, the Court interpreted the relevant provisions of the IRCA to prevent a construction that would produce absurd results, and the Court avoided inappropriate “judicial guesswork” into legislative intentions.