In Kansas v. Garcia, 140 S. Ct. 791, 797 (2020), Justice Sam Alito for the U.S. Supreme Court held against the open borders side by ruling as follows:
| “ | Kansas law makes it a crime to commit “identity theft” or engage in fraud to obtain a benefit. Respondents—three aliens who are not authorized to work in this country—were convicted under these provisions for fraudulently using another person’s Social Security number on state and federal tax-withholding forms that they submitted when they obtained employment. The Supreme Court of Kansas held that a provision of the Immigration Reform and Control Act of 1986 (IRCA), 100 Stat. 3359, expressly preempts the Kansas statutes at issue insofar as they provide a basis for these prosecutions. We reject this reading of the provision in question, as well as respondents’ alternative arguments based on implied preemption. We therefore reverse. | ” |
Id. at 797.
While open borders advocates like to cite their victory with a more liberal Supreme Court in Arizona v. United States, 567 U.S. 387 (2012), the 5-4 Kansas v. Garcia decision trimmed some of that pro-immigration precedent back.