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In Kansas v. Garcia, SCOTUS ruled Tuesday that Kansas can prosecute illegals who use fake social security numbers when filling out tax forms at the time of employment. The decision was a 5-4 split with the four liberal justices arguing that federal immigration law pre-empts Kansas from doing anything having to do with falsifying federally-mandated forms.
You would think that treating this as a criminal offense would be a no-brainer. Immigration enforcement, however, has been weirdly irrational since the ruling in Plyer v. Doe (1981) in which the Supremes told Texas they could not withhold funding for non-citizens from public education.
From that decision came the universal practice of forbidding state, county, and municipal employees from even asking about citizenship status. The resulting weirdness is a limbo in which millions of illegals reside among us while state and local authorities pretend not to notice, even going so far as to give them preferential treatment.
The four liberal justices in Garcia argued, in essence, that if the federal government does not care if people make fraudulent use of social security numbers and federal employment forms then the states must accept known frauds in their midst as a matter of de facto federal immigration policy (and presumably not tell the feds they know). Oddly enough, this deference to federal pre-emption does not apply when liberal judges object to ICE defying sanctuary cities to enforce deportation orders. Also odd, similar protection against state action would not be extended to actual US citizens who used fake social security numbers when taking a new job because there is no federal immigration law pre-emption exemption for them.
Trump’s re-election is vital if for no other reason than the fact it will take a lot of judicial battles to bring some clarity and common sense back to immigration policy. A SCOTUS decision two decades ago established the compulsory idiocy of not noticing express violation of immigration law. This is mostly what put us in this mess, and means that SCOTUS (and Congress) are making us pull out of it one case at a time. That will not happen if the left retakes full control.Published in