Thread: 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

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.

I AM SICKENED, TOTALLY

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.

GET ID STOLEN SUE THE GOVERNMENT FOR ALLOWING THESE PEOPLE TO STAY IN AMERICA AGAINST OUR SAFETY AND LIBERTIES.

E VERIFY WOULD SOLVE ALL OF THESE PROBLEMS!

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."

Ha, do you think this is going to be on the to do list for Obama's comprehensive immigration reform legislation that he's working up in a back room with some old buddies. Yes, he calls it a "working group", which is really hidden and out of site screw over that will be thousands of pages and impossible to read before it is voted on.

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.

Dixie

I don't know how anyone can begin to reform immigration when we have the Supreme Court ripping the guts out of enforcement.

"Must prove they KNEW the SS number was that of a REAL Person"?
Ladies and Gentlemen... OUR GOVERMENT IS OUT OF CONTROL!

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 Judges

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.

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 ???!!!

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.