Missouri Forgery Statute Not Preempted By Federal Immigration Law

On behalf of The Marks Law Firm, L.L.C. posted in Criminal Law on Friday, April 5, 2013

This week, in State v. Diaz-Rey, the Eastern District of the Missouri Court of Appeals ruled that Missouri’s forgery statute (Section 570.090) is not preempted by the federal Immigration Reform and Control Act (IRCA), thereby allowing the State to prosecute any undocumented worker who lies in his employment application about his resident status.

The defendant was charged with using false information in an employment application at a Chick-Fil-A restaurant by providing a false social security number. The IRCA makes it a civil and criminal violation for an employer to hire an employee without first verifying his status as a resident alien …