U.S. Supreme Court

Case Status


Docket Number


2019 Term

Lower Court Opinion


Questions Presented

1. Whether the Immigration Reform and Control Act (IRCA) expressly preempts the States from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any person (citizen or alien) when that same, commonly used information also appears in non-IRCA documents, such as state tax forms, leases, and credit applications.

2. If IRCA bars the States from using all such information for any purpose, whether Congress has the constitutional power to so broadly preempt the States from exercising their traditional police powers to prosecute state law crimes.

Case Updates

U.S. Supreme Court holds that federal immigration laws do not bar Kansas from pursuing state identity-theft prosecutions, but the Court does not apply any presumption against preemption

March 03, 2020

Click here to view the opinion. The U.S. Chamber filed an amicus brief urging the Court to reject such an anti-preemption presumption.

U.S. Chamber files merits-stage amicus brief urging U.S. Supreme Court to hold that any presumption against preemption should not be applied to the interpretation of express preemption provisions

May 31, 2019

Click here to view the Chamber’s brief.

Kathleen M. Sullivan of Quinn Emanuel Urquhart & Sullivan, LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents