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05-04-2009, 12:43 PM #1
Sup Court rules against gov in immigration I.D. theft case
Supreme Court rules against government in immigration identity-theft case
In a 9-0 decision, the justices say the crime is limited to those who knew they had stolen another person's Social Security number. The decision limits efforts to prosecute illegal workers.
By David G. Savage
9:20 AM PDT, May 4, 2009
Reporting Form Washington -- The Supreme Court today took away one tool for prosecuting and deporting workers who are in this country illegally, ruling that the crime of identity theft is limited to those who knew they had stolen another person's Social Security number.
The 9-0 decision overturns part of an Illinois man's conviction for using false documents.
The court agreed he could be imprisoned for using an ID card he knew was false, but it also said he could not be charged with a felony of "aggravated identity theft" because he did not know he was using someone's Social Security number.
Last year, immigration officials in the Bush administration had rounded up hundreds of illegal workers at several plants and charged them with "aggravated identity theft."
Facing such a serious charge, many agreed to plead guilty and be deported.
The lesser charge of using false documents is not a felony and does not trigger an automatic deportation.
In today's opinion in Flores-Figueroa vs. United States, the court cited the words of the identity theft law. It refers to a person who "knowingly" uses the means of identification "of another person."
During the oral argument in the case, the justices were told that about half of all the possible combinations of nine-digit Social Security numbers have been used at some time.
Ignacio Flores-Figueroa, a citizen of Mexico, said he had bought a set of false documents in Chicago and used them to work at a steel plant in East Moline, Ill. His employer later reported him to immigration authorities. He was charged with entering the country illegally, using false documents and aggravated identity theft. Only the latter charge was at issue in the Supreme Court.
Justice Stephen G. Breyer said that in most cases of identity theft, the defendant sets out to steal someone's identity so to take money from their accounts. In this case, the illegal immigrant wanted to use a false Social Security number as though it was his, but he did not know or care whether it was a real person's number.
david.savage@latimes.com
http://www.latimes.com/news/nationworld ... 2350.story
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05-04-2009, 12:54 PM #2The court agreed he could be imprisoned for using an ID card he knew was false, but it also said he could not be charged with a felony of "aggravated identity theft" because he did not know he was using someone's Social Security number.
Ignacio Flores-Figueroa, a citizen of Mexico, said he had bought a set of false documents in Chicago and used them to work at a steel plant in East Moline, Ill. His employer later reported him to immigration authorities. He was charged with entering the country illegally, using false documents and aggravated identity theft. Only the latter charge was at issue in the Supreme Court.Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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05-04-2009, 01:05 PM #3
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E VERIFY WOULD SOLVE ALL OF THESE PROBLEMS!
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05-04-2009, 01:20 PM #4The lesser charge of using false documents is not a felony and does not trigger an automatic deportation.
In today's opinion in Flores-Figueroa vs. United States, the court cited the words of the identity theft law. It refers to a person who "knowingly" uses the means of identification "of another person."
Just want to remind everyone that voted for Obama about his promise of transparency in government. Here it is... can you see it behind the closed doors?
Obama the campaign liar, and one term highly destructive president.
DixieJoin our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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05-04-2009, 01:33 PM #5
I don't know how anyone can begin to reform immigration when we have the Supreme Court ripping the guts out of enforcement.
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05-04-2009, 01:40 PM #6
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"Must prove they KNEW the SS number was that of a REAL Person"?
Ladies and Gentlemen... OUR GOVERMENT IS OUT OF CONTROL!<div>MY eyes HAVE seen the GLORY... And that GLORY BELONGS to US... We the PEOPLE!</div>
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05-04-2009, 02:33 PM #7
If he did not get the number at the social security office and is using it, it should be a felony...period
9-0 decision
And just being here illegally should be a deportable offence...no less using a made up or stolen number.
What a load of crap, the supreme court is out of hand!! what the hell happen to the rule of damn law in this country?
It is going to get worse folks, wait until Obama picks a few JudgesPlease support ALIPAC's fight to save American Jobs & Lives from illegal immigration by joining our free Activists E-Mail Alerts (CLICK HERE)
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05-04-2009, 02:50 PM #8
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sorry people this has to do with a defendant's mental state concerning the theft. If he did not know it was a person's actual number, he should not be found guilty of that charge. There is plenty of other laws he can be charged and convicted of. If you are going to demand that laws be followed, they must be followed even when they are not favorable to the cause.
If it makes you feel better, the chances of this person ever getting citizenship are slim to none as a result of the convictions. Likely he will get a deportation order which may or may not be followed. If he follows and deports, mission accomplished. If he does not, he will be caught eventually and found guilty of not following a deportation order, a felony. That will eliminate him from ever becoming a citizen.
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05-04-2009, 02:55 PM #9
Re: Sup Court rules against gov in immigration I.D. theft ca
In a 9-0 decision, the justices say the crime is limited to those who knew they had stolen another person's Social Security number.
HOW IN THE HELL CAN THEY NOT KNOW ???!!!
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05-04-2009, 03:03 PM #10
So it makes no difference if this is doing harm to a citizen? I know a couple of people who have played hell with the SS office for not reporting income they did not even earn.
It also gives anyone using a number not assigned to them the excuse they did not know..
As Americans we know you are committing a crime if you go on the street and buy a SS card...so I guess we need to make it a felony if you acquire a number from any other source than a designated office of the United States government (SS office) as it should be.Please support ALIPAC's fight to save American Jobs & Lives from illegal immigration by joining our free Activists E-Mail Alerts (CLICK HERE)
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