WASHINGTON, Oct. 20, 2008
Court Eyes Illegal Aliens And ID Theft
Supreme Court To Decide Whether Aliens Using SS Docs Should Be Prosecuted For ID Theft
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Federal appeals courts have split over whether the defendant must know that the phony ID numbers belong to a real person and the court said it will resolve the question.
Federal prosecutors have increasingly been bringing the more serious identity theft charges against undocumented immigrants, including many who were arrested in raids on meatpacking plants.
Defense lawyers have argued that their clients should not be charged with stealing someone else's identity because the immigrants only were seeking documentation that would allow them to work. They didn't know if the numbers were fictitious or belonged to someone else, their lawyers say.
The Bush administration, however, has said that it doesn't matter under federal law.
CBS News legal analyst Andrew Cohen says no matter what the Justices decide, this trend toward charging undocumented immigrants with identity theft is here to stay.
"And if the Court says that current law restricts what prosecutors can do, then Congress can simply change the law to make such charges easier to prove.
This issue is not going to go away no matter what the Justices decide. And if this weren't an election year it's likely that Congress would be voting on how to give prosecutors more leeway to go after undocumented immigrants for identity theft charges,'' said Cohen.
The 8th U.S. Circuit Court of Appeals, based in St. Louis, agreed with the administration and upheld the conviction of Ignacio Carlos Flores-Figueroa.
Flores-Figueroa, a Mexican national, worked at a steel plant in East Moline, Ill., since 2000. Originally, he worked there under an assumed name, and false Social Security and alien registration numbers. In 2006, he told his employer he wanted to be known by his real name and submitted new identification documents.
This time, though, the Social Security number belonged to someone else, and his green card number was that of yet another person. Suspicious, the employer contacted immigration authorities, who arrested Flores-Figueroa.
The five-count indictment against him included two counts of aggravated identity theft.
Federal appeals courts based in Atlanta and Richmond also have ruled in the government's favor in similar cases, while the appeals court in Washington, D.C., has sided with defendants.
The case, which will be argued next year, is Flores-Figueroa v. U.S., 08-108.
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See all 61 CommentsAbsoulutely-It''s time to say "NO!" to illegal immigrants-NO Jobs, anchor babies, housing, utilities, licenses for driving and businesses, automobile ownership, free healthcare, clinics, non-emergency hospital visits, or in-state residence
college tuition in any US state.
It should be a felony to enter and remain in this country illegally, and deportation should be automatic, because there is no such a person as a
"Law-Abiding Illegal Immigrant." These people are breaking laws, making a mockery of this country and taking advantage of it, and it''s time to end their lawbreaking and drain on the taxpayers here.
If there is compassion to be shown, let the home governments and countries of where most illegal immigrants come from (Such as Mexico) show it. These countries and their governments need to be responsible for their own populations, and not take the easy way out by dumping the problems and costs of these people on the legal US citizens and taxpayers.
Illegal immigration to the US needs to be ended for good.
get back on your meds, you''re blithering.
The second point is that those employers who hire these people are knowingly aiding and abetting a crime and need charged also.
"They didn''t know" isn''t a defense.
Of course they should face ID theft, why wouldn''t they? They know THEY don''t have SS numbers so any number they have either belongs to a real person or is meant to defraud the government--the "ID" they took is not theirs so it is theft. This is a no brainer. If they can''t be charged then they are getting preferential treatment which is more than is afforded citizens who use other people''s SS number.
Even if you don''t know whether someone else may claim it, the burden is on the non-owner who took it if a rightful owner is found.
Unfortunately, as a poem, this sucks. But, you should try putting it to ''music'' and spitting it out as a rap piece. It''ll probably go platinum.
Sorry Oakishpines,,,,
This poem is unacceptable,,
try again,,,,
Posted by slim1h2o at 07:44 PM : Oct 20, 2008
And the Latino population that is here, the ones that are 2nd, and 3rd generations that have been raised here thinks it''s a good thing that the illegals are here. And these people are the ones helping the illegals.
And doing everything to get SS to help with food stamps, and other welfare benefits.
And when that''s failed, they have gotten their Embassy involved.
The question I would like to ask people who have had to ask for help,, Americans that is,,,
Did your Embassy help secure your benefits?
I doubt it...
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See all 61 Comments