Thread: TX- Hospital chided for reporting illegal applicant

Hospital chided for reporting illegal applicant
By ANABELLE GARAY – 2 hours ago

CARROLLTON, Texas (AP) — Maria Martinez' attempt to land a cafeteria job at a suburban Dallas hospital got her arrested, jailed and deported.

She did use a counterfeit social security on her application to Trinity Medical Center, but her relatives and supporters wonder whether the hospital overreacted by calling the police.

During yet another year marked by several high profile immigration raids targeting both undocumented workers and the companies who hire them, the Martinez case raises questions about what employers can or should do if they discover an applicant is not authorized to work legally in the U.S.

A spokeswoman for the medical center here contends the hospital was simply following policy and has a responsibility to report criminal activity, including possible identity theft.

It may be hospital policy, but employers aren't required to report a worker or applicant suspected of being in the U.S. illegally, say immigration attorneys and enforcement officials.

"For an employer to go ahead and take it upon themselves ... to report that is unusual," said immigration attorney Kathleen Walker. "There's no obligation on my part to go call law enforcement."

U.S. Immigration and Customs Enforcement spokesman Carl Rusnok agreed, saying employers and local police typically don't have the training needed to determine whether someone is in the country illegally.

Carrollton's mayor has emphasized that one of his priorities is to rid the city of illegal immigrants. The neighboring suburb of Farmers Branch has unsuccessfully tried to prohibit landlords from renting houses and apartments to tenants who cannot prove they are in the U.S. legally.

But hospital spokeswoman Susan Watson said the decision to report Martinez had nothing to do with the immigration debate in suburban Dallas. The hospital reported what it considered a crime, she said.

"Regardless of whether they were an illegal alien, legal immigrant or an American citizen, it still wouldn't have mattered. They still would have been reported," she said.

Watson said it was the first time in at least two years that the hospital reported a possible crime involving a worker or applicant to police. But officials are always on alert because many employees have access to patients' medical records and other private information, she said.

Immigration attorneys and advocates are concerned that many employers have become overly cautious, to the point that they might be bending or breaking the law.

"When people are being prescreened before a decision to hire is being made, then you could have exposure to discrimination charges," said Walker, an El Paso lawyer and former president of the American Immigration Lawyers Association.

Recent workplace raids around the country have increasingly led to prosecuting unauthorized workers for identity theft and use of someone else's social security number. But those prosecutions have stemmed from federal investigations into workers at specific companies, not calls from an employer to local police.

Still, such raids have left employers edgy, said Muzaffar Chishti, director of the Migration Policy Institute at New York University School of Law.

"I think employers are beginning to feel the pinch and in many cases I think they are trying not only to be sort of extra cautious but ... to be pre-emptive," said Chishti. "What's troubling is that employers have taken it upon themselves the job of ascertaining whether a crime has been committed."

Martinez, a single mother of a 3-year-old son and a teenage daughter, acknowledged buying the social security card for $110 at a Wal-Mart., according to police records. She also had a second social security card and two counterfeit cards stating she was a legal permanent resident.

She had planned to fight the state charge, but after being held in jail for nearly three weeks, she agreed to be deported to Mexico. Her son joined her there.

"She told me to please forgive her," said Martinez' 19-year-old daughter, who spoke on condition of anonymity because she also is in the U.S. illegally. "She told me she wasn't strong enough to fight."




http://ap.google.com/article/ALeqM5gIhj ... AD92TQCD80

IF A CRIME IS BEING COMMITTED AND YOU IGNORE IT; IS THIS OK?

NO, YOU BECOME AND AIDER AND ABETTOR.

"For an employer to go ahead and take it upon themselves ... to report that is unusual," said immigration attorney Kathleen Walker. "There's no obligation on my part to go call law enforcement."

That comment said EVERYTHING I needed to know about this woman
a) she supports invaders
b) of course she wouldn't report them! SHE'S making $$$ off of them!

Self serving witch proposing to tell us what is "right". Not in my book!

pinched, nabbed,hooked...LOL

I only wish there were more ethical employers such as this one.

She did use a counterfeit social security on her application to Trinity Medical Center, but her relatives and supporters wonder whether the hospital overreacted by calling the police.

Someone chose to stand up for fellow Americans. It's a real good thing!

FOXNEWS.COM HOME > U.S.

Illegal Immigrant Jailed, Deported for Applying for Cafeteria Job
Monday, September 01, 2008

CARROLLTON, Texas — Maria Martinez' attempt to land a cafeteria job at a suburban Dallas hospital got her arrested, jailed and deported.

Martinez used a counterfeit social security on her application to Trinity Medical Center, but her relatives and supporters wonder whether the hospital overreacted by calling the police.

During yet another year marked by several high-profile immigration raids targeting both undocumented workers and the companies who hire them, the Martinez case raises questions about what employers can or should do if they discover an applicant is not authorized to work legally in the U.S.

A spokeswoman for the medical center contends the hospital was simply following policy and has a responsibility to report criminal activity, including possible identity theft.

http://www.foxnews.com/story/0,2933,414383,00.html

Employers not required to report illegal workers

03:48 PM CDT on Sunday, August 31, 2008

Associated Press

CARROLLTON, Texas -- Did a suburban Dallas employer go too far when it told police about a job applicant who presented what turned out to be a counterfeit Social Security card?

Relatives and advocates for Maria Martinez say that’s what happened when she was arrested, jailed and deported as an illegal immigrant after applying for a hospital cafeteria job.

But a spokeswoman for Trinity Medical Center in Carrollton contends the hospital was simply following policy. Susan Watson says the hospital has a responsibility to report criminal activity to the roper authorities, including possible identity theft.

Martinez is a single mother of a 3-year-old son and a teenage daughter. Carrollton police say she showed the hospital’s cafeteria director a Social Security card when applying for a job there in July, and also included the card’s number on her application.

About a week later, a background check revealed the number had been issued to a person who had since died. The hospital’s personnel director notified Carrollton police, and said Martinez had an appointment the next day at the hospital.

Police were waiting at the hospital and arrested Martinez on a charge of tampering with a government record.

Attorneys say that what makes Martinez’ case stand out is that employers aren’t required to report someone suspected of a crime. They also aren’t mandated to report a worker or applicant suspected of being in the United States illegally.

http://www.khou.com/news/state/stories/ ... 96edf.html

How many here have taken the time to call, write or email the Med center to compliment then for taking a patriotic position and reporting this violation of our laws????

Originally Posted by misterbill

How many here have taken the time to call, write or email the Med center to compliment then for taking a patriotic position and reporting this violation of our laws????

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Trinity Medical Center
4343 N. Josey Ln.
Carrollton, TX 75010
Ph: 972-492-1010
Fax: 972-394-4783
Email: Tri-suggestions@hospitalpartners.com