Thread: Prosecutions of job-related ID theft laws expected to resume

Prosecutions of job-related ID theft laws expected to resume

By: The Associated Press June 16, 2016 , 2:59 pm



The top prosecutor in metro Phoenix said he wants to resume enforcement of two state laws that were used to convict hundreds of immigrant workers on charges that they relied on fraudulent IDs to get jobs.

The laws, which served as the legal foundation for dozens of business raids by Sheriff Joe Arpaio’s immigration squad, were used in Arizona for seven years until a judge barred their enforcement in early 2015. But an appeals court reversed that decision in early May, creating an opening for authorities to enforce the laws again.

Maricopa County Attorney Bill Montgomery said Wednesday his office will resume such prosecutions once the courts issue an order that formally lets the laws take effect. He said his office will try to salvage some of the 250 cases it was forced to dismiss in 2015 after authorities were barred from enforcing the laws.

“We’ll take a look at those to hold offenders accountable and protect victims,” the prosecutor said.

The six-term sheriff, whose office arrested more than 700 immigrants in 83 business raids, declined an interview request on the prospect of enforcing the laws again. His office said in an email that he hasn’t yet made up his mind on the subject.

The raids were the sheriff’s last major foothold in immigration enforcement after the courts and federal government reined in his powers in recent years. He voluntarily disbanded his squad that focused on immigrants who used fraudulent IDs to get jobs.

While the prosecutor said the majority of the work-related ID theft cases in metro Phoenix came from other law enforcement agencies, Arpaio’s office was the only one in the state to raid businesses in the enforcement of the statutes.

The 2007 and 2008 laws were revamped versions of Arizona’s identity theft statutes that made it a new crime to use fake or stolen IDs for the purpose of getting or keeping jobs. They were part of a package of legislation that sought to confront employers who hire immigrants who are in the country illegally — and are blamed for fueling the nation’s border woes.

Critics say the enforcement of the laws focused too much on workers and not enough on their employers. Prosecutors say the laws were effective in holding people accountable for causing hassles for victims of identity theft.

Most of the work-related ID theft cases have been brought against workers who are in the country illegally. But prosecutors say U.S. citizens also have been prosecuted under the laws in cases unrelated to immigration status, such as wanting to conceal a worker’s criminal record from an employer.

Six weeks ago, the 9th Circuit Court of Appeals reversed a lower-court decision that concluded the statutes were likely trumped by federal immigration laws.

The appeals court concluded that some uses of the laws may conflict with federal immigration law, but those concerns aren’t an issue when the statutes are enforced against U.S. citizens and lawful permanent residents.

Carlos Garcia, director of Puente, the Latino civil rights group that’s challenging the laws, said he doesn’t think Arpaio will likely launch raids again.

“We are going to fight and we are not going to allow these raids to continue,” Garcia said, predicting that his organization will ultimately prevail in its legal challenge.

If Arpaio were to launch future raids, a 2015 settlement in a separate lawsuit requires his office to set up policies ensuring such enforcement actions are constitutional and let U.S. Justice Department review those operations.

http://azcapitoltimes.com/news/2016/...#ixzz4Bo0ZTbVU

Now file charges against the IRS for allowing illegals to file tax returns and get OUR money through false identities! BILLIONS of dollars in the fraud, waste and abuse of taxpayer money.