State v. Morales
111904
| Kan. | Sep 8, 2017Background
- In 2010 Donaldo Morales applied for employment at Jose Pepper's, provided a Social Security number (SSN), a permanent resident card, and a Social Security card; he completed I-9, W-4, and K-4 forms using that SSN.
- A 2012 Social Security Office of Inspector General investigation revealed the SSN Morales used belonged to another person.
- The State charged Morales with identity theft and making a false information (initially four counts tied to the application and the three forms); the I-9 count was dismissed at the district court.
- Morales argued preemption under the federal Immigration Reform and Control Act of 1986 (IRCA); the district court convicted him after a bench trial and sentenced him to concurrent terms and probation.
- On appeal the Kansas Supreme Court, relying on its decision in State v. Garcia, held that 8 U.S.C. § 1324a(b)(5) preempts state prosecution based on information from employment verification (I-9 and related SSN use); all convictions were reversed and the case dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IRCA preempts state prosecution based on use of another's SSN to obtain employment | State: Kansas may prosecute under state identity-theft and false-information statutes for use of another's SSN on employment forms | Morales: Federal law (IRCA §1324a(b)(5)) bars use of I-9 and information contained in it (including SSN for employment verification) for state enforcement | Court: Express preemption under 8 U.S.C. §1324a(b)(5) bars prosecution; convictions reversed |
| Whether preemption was preserved for review | State: Challenge not preserved for all counts because motions targeted specific counts (W-4) | Morales: Raised preemption in pretrial motion and new-trial motion; issue supports reversal of related convictions | Court: Preemption is a legal question; court may decide despite limited preservation; relief warranted for all convictions tied to SSN use |
Key Cases Cited
- Geier v. American Honda Motor Co., 529 U.S. 861 (2000) (discusses role of express preemption clause and implied preemption principles)
- Gade v. National Solid Wastes Management Association, 505 U.S. 88 (1992) (plurality and concurrence on state-law preemption and occupational-safety federal scheme)
- Hughes v. Talen Energy Marketing, LLC, 136 S. Ct. 1288 (2016) (addressing scope of federal preemption principles)
- United States v. Supreme Court of New Mexico, 839 F.3d 888 (10th Cir. 2016) (addresses facial and as-applied preemption and related procedural considerations)