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Kansas v. Ramiro Garcia

Paid petition · Supreme Court of Kansas, No. 112,502

Decided · March 3, 2020
Pre-decision estimate: 7% cert probability (95% interval 4%–12%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a dissent in the court below (flagged in the petition).

Questions presented

In 1986, Congress enacted the Immigration Reform and Control Act CIRCA (IRCA). IRCA made it illegal to employ unauthorized aliens, established an employment eligibility verification system, and created various civil and criminal penalties against employers who violate the law. 8 U.S.C. § 1324a. Regulations implementing IRCA created a "Form I-9" that employers are required to have all prospective employees complete-citizens and aliens alike. IRCA contains an "express preemption provision, which in most instances bars States from imposing penalties on employers of unauthorized aliens," Arizona v. United States, 567 U.S. 387, 406 (2012), but IRCA "is silent about whether additional penalties may be imposed against the employees themselves." Id. IRCA also provides that "[the Form I-9] and any information contained in or appended to such form, may not be used for purposes other than enforcement of [chapter 12 of Title 8] and sections 1001, 1028, 1546, and 1621 of Title 18." 8 U.S.C. § 1324a(b)(5). Here, Respondents used other peoples' social security numbers to complete documents, including a Form I-9, a federal W-4 tax form, a state K-4 tax form, and an apartment lease. Kansas prosecuted Respondents for identity theft and making false writings without using the Form I-9, but the Kansas Supreme Court held that IRCA expressly barred these state prosecutions. This petition presents two questions, depending on the answer to the first question:

  1. Whether 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. LIMITED TO QUESTION 1 AND THE FOLLOWING QUESTION: WHETHER THE IMMIGRATION REFORM AND CONTROL ACT IMPLIEDLY PREEMPTS KANSAS'S PROSECUTION OF RESPONDENTS.

Counsel of record

For petitioner
Toby Crouse
Office of Attorney General Derek Schmidt

For respondent
Paul Whitfield Hughes
McDermott Will & Emery

Case

Conference history
Distributed for 8 conferences

Amicus briefs
3 cert-stage · 10 merits
(5 supporting pet./neither, 5 respondent)

Argument & decision

Argued October 16, 2019 — Derek Schmidt · Paul Hughes. Audio and transcript

Decided March 3, 2020. Opinion by Alito.

Proceedings

  1. Aug 17 2020
    Record returned to the Supreme Court of Kansas.
  2. Apr 06 2020
    JUDGMENT ISSUED.
  3. Apr 06 2020
    MANDATE ISSUED.
  4. Mar 03 2020
    Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
  5. Nov 12 2019
    Records received from the Appellate Courts of Kansas, companion cases State v. Donaldo Morales, and State v. Guadalupe Ochoa-Lara. (1 envelope). A thumb drive is also included with the record, that I have filed electronically.
  6. Oct 16 2019
    Argued. For petitioner: Derek Schmidt, Attorney General, Topeka, Kan.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C (for United States, as amicus curiae.) For respondent: Paul Hughes, Washington, D. C.
  7. Sep 11 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  8. Sep 05 2019
    Reply of petitioner State of Kansas filed. (Distributed)
  9. Aug 26 2019
    Record received from the Supreme Court of Kansas. (1 Box)
  10. Aug 16 2019
    Record requested from the Supreme Court of Kansas.
  11. Aug 13 2019
    Brief amici curiae of Puente Arizona et al. filed. (Distributed)
  12. Aug 13 2019
    Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
  13. Aug 13 2019
    Brief amici curiae of Immigration, Labor and Employment Law Scholars filed. (Distributed)
  14. Aug 13 2019
    Brief amicus curiae of Law Office of David J. Grummon, P.A. filed. (Distributed)
  15. Aug 13 2019
    Brief amici curiae of The National Immigration Law Center, et al. filed. (Distributed)
  16. Aug 12 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  17. Aug 06 2019
    Brief of respondents Ramiro Garcia, et al. filed. (Distributed)
  18. Aug 01 2019
    CIRCULATED
  19. Jul 12 2019
    Motion for a further extension of time to file respondent's brief on the merits granted and the time is extended to and including August 6, 2019.
  20. Jul 11 2019
    Motion for a further extension of time to file respondent's brief on the merits filed.
  21. Jul 01 2019
    SET FOR ARGUMENT on Wednesday, October 16, 2019.
  22. May 31 2019
    Brief amici curiae of State of Indiana and Eleven Other States filed.
  23. May 31 2019
    Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed.
  24. May 31 2019
    Brief amicus curiae of United States filed.
  25. May 31 2019
    Brief amicus curiae of Immigration Reform Law Institute filed.
  26. May 31 2019
    Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
  27. May 24 2019
    Brief of petitioner State of Kansas filed.
  28. May 24 2019
    Joint appendix filed. (Statement of costs filed)
  29. Apr 29 2019
    Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 24, 2019. The time to file respondent's brief on the merits is extended to and including July 23, 2019.
  30. Apr 16 2019
    Blanket Consent filed by Petitioner, State of Kansas
  31. Apr 09 2019
    Joint motion for an extension of time to file the briefs on the merits filed.
  32. Mar 18 2019
    Petition GRANTED limited to Question 1 presented by the petition and the following question: Whether the Immigration Reform and Control Act impliedly preempts Kansas’s prosecution of respondents.
  33. Mar 11 2019
    DISTRIBUTED for Conference of 3/15/2019.
  34. Feb 25 2019
    DISTRIBUTED for Conference of 3/1/2019.
  35. Feb 19 2019
    DISTRIBUTED for Conference of 2/22/2019.
  36. Feb 04 2019
    DISTRIBUTED for Conference of 2/15/2019.
  37. Jan 17 2019
    Rescheduled.
  38. Jan 14 2019
    DISTRIBUTED for Conference of 1/18/2019.
  39. Jan 10 2019
    Rescheduled.
  40. Jan 07 2019
    DISTRIBUTED for Conference of 1/11/2019.
  41. Dec 26 2018
    Rescheduled.
  42. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  43. Dec 19 2018
    Supplemental brief of respondents Ramiro Garcia, et al. filed. (Distributed)
  44. Dec 04 2018
    Brief amicus curiae of United States filed.
  45. Apr 16 2018
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  46. Mar 28 2018
    DISTRIBUTED for Conference of 4/13/2018.
  47. Mar 23 2018
    Reply of petitioner State of Kansas filed.
  48. Mar 12 2018
    Brief of respondents Ramiro Garcia, et al. in opposition filed.
  49. Feb 02 2018
    Motion to extend the time to file a response is granted and the time is extended to and including March 12, 2018.
  50. Feb 01 2018
    Motion to extend the time to file a response from February 9, 2018 to March 12, 2018, submitted to The Clerk.
  51. Jan 10 2018
    Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
  52. Jan 10 2018
    Brief amici curiae of Michigan, et al. filed.
  53. Jan 08 2018
    Motion to extend the time to file a response is granted and the time is extended to and including February 9, 2018.
  54. Jan 05 2018
    Motion to extend the time to file a response from January 10, 2018 to February 9, 2018, submitted to The Clerk.
  55. Jan 02 2018
    Blanket Consent filed by Petitioner, State of Kansas
  56. Dec 07 2017
    Petition for a writ of certiorari filed. (Response due January 10, 2018)