New Jersey Appellate Division rules identity theft victim can't sue under Immigration Act

Lawyers USA
July 6, 2009
By Nora Tooher

A victim can't sue a company for hiring an illegal alien who obtained employment by using the plaintiff's name and Social Security number, the New Jersey Appellate Division has ruled.

The plaintiff learned that someone working for Hyatt as a maid was using her name and Social Security number. The illegal alien who was using her information was arrested and deported.

The plaintiff sued Hyatt for compensatory and punitive damages arising out of its hiring of the illegal alien.

But the court held that the plaintiff did not have a private right of action to sue Hyatt under the Immigration Reform and Control Act.

"A review of [the Act] ... makes it clear that the United States Attorney General is vested with authority to file civil and criminal complaints pertaining to violations of the Act. There is, therefore, no explicit private right of action established by [the statute]. ...

"There is no evidence that Congress was in any way addressing the issue of identity theft in 1986 when it passed [the Act]. Nor is there any evidence to suggest Congress intended to create a private right of action under the statute. To the contrary, the legislative history makes it apparent that Congress was concerned with stemming the flow of illegal immigration and was enlisting employers to do so," the court said.

New Jersey Appellate Division. Piscitelli v. Classic Residence by Hyatt, No. A-5027-07T25027-07T2. June 26, 2009. Lawyers USA No. 993-944.

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