Thread: NJ-New Jersey Appellate Division rules identity theft victim

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.

http://www6.lexisnexis.com/publisher/En ... 53&start=5

An Absurd ruling and law. Hyatt should KNOW who is working for them and E-verify should be in EVERY workplace as it would even help stem IDENTITY THEFT....Jacka$$ government fail

SIMPLY INCREDIBLE!
Don't even have the right to take legal action against these people or the company that hires them.

The Appellate seems to be in the pocket of big business and the US Chamber of Commerce.

The only thing Americans can do is to stop financially supporting any business large or small the hires illegals. I just don't understand how anyone that loves America could hire illegals knowing that they are contributing to the demise of our country. In the short run, their profit margin maybe larger, but in the long run, our country is being destroyed by this populations greedy use of our tax dollars to accomodate their social services, education, health care, incarceration and anchor brats costs. Employers don't hire illegals for anything. Only Americans deserve and need jobs and opportunities.

WWSD

What Would Sotomayor Do?

Dixie

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.

If she can't sue Hyatt under the IRCA, she should be able to sue them under something else? How about RICO? Aiding and abetting? Party to fraud?