State v. Ochoa-Lara

The Supreme Court reversed Defendant’s convictions on two count of identity theft, holding that Defendant’s prosecution was preempted by the federal Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. 1324a(b)(5). The convictions arose from Defendant’s act of using another person’s Social Security number to obtain employment. In reversing Defendant’s convictions, the Supreme Court relied on State v. Garcia, __ P.3d __ (this day decided), which held that prosecutions such as the one in this case are expressly preempted by IRCA, and held that Defendant’s prosecution based on use of a Social Security number belonging to another person to obtain employment was expressly preempted by IRCA. View "State v. Ochoa-Lara" on Justia Law