Immigrant's benefits inquiry brings arrest
BY ROXANA HEGEMAN
Associated Press

For five years Olivia Avila worked under a false name and bogus Social Security number at the National Beef meatpacking plant in Liberal to support her family. She kept working there after obtaining legal residency two years ago.

But it was not until she went into the Social Security Administration to get credit for her earlier wages as an illegal worker that her legal problems began -- even though a loophole in federal law allows lawful immigrants to claim both legally and illegally earned wages in determining Social Security benefit eligibility.

Avila, 51, was arrested at her job in June on six immigration-related counts after her visit to the Social Security Administration office in Wichita. Avila is now out on bond while awaiting her Oct. 16 trial on charges of using false documents to work in the United States and aggravated identity theft.

"A crime is no longer being committed -- that was the past. It does not exist," Avila said in Spanish during a brief phone interview from her Liberal home.

At least two such recent immigration cases involving legal residents are being prosecuted by the U.S. attorney's office in Wichita, although such prosecutions remain relatively rare.

Avila told the Associated Press she had been assured -- although she couldn't remember exactly by whom -- that she could transfer credit from her illegal wages to her new Social Security number after she gained legal residency.

But while the current Social Security law does indeed allow her to get those earnings credited, it does not shield her from prosecution for alleged immigration-related crimes.

Jonathan Lasher, spokesman for the Social Security Administration's Office of Inspector General, said such crimes are a "separate issue" from benefit eligibility.

A controversial issue

Social Security benefits for illegal immigrants have long been one of the most volatile issues in the nation's immigration debate. A proposal by Sen. John Ensign, R-Nev., to deny immigrants Social Security benefits accrued while they were in the country unlawfully died earlier this summer along with the failed immigration reform package.

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