Posted on 10/20/2008 12:15:43 PM PDT by engrpat
WASHINGTON— The Supreme Court agreed Monday to decide whether people picked up on immigration violations also can face charges of identity theft if they use Social Security and other identification numbers that belong to others.
Federal appeals courts have split over whether the defendant must know that the phony ID numbers belong to a real person and the court said it will resolve the question.
Federal prosecutors have increasingly been bringing the more serious identity theft charges against undocumented immigrants, including many who were arrested in raids on meatpacking plants.
Defense lawyers have argued that their clients should not be charged with stealing someone else’s identity because the immigrants only were seeking documentation that would allow them to work. They didn’t know if the numbers were fictitious or belonged to someone else, their lawyers say.
The Bush administration, however, has said that it doesn’t matter under federal law.
The 8th U.S. Circuit Court of Appeals, based in St. Louis, agreed with the administration and upheld the conviction of Ignacio Carlos Flores-Figueroa.
Flores-Figueroa, a Mexican national, worked at a steel plant in East Moline, Ill., since 2000. Originally, he worked there under an assumed name, and false Social Security and alien registration numbers. In 2006, he told his employer he wanted to be known by his real name and submitted new identification documents.
This time, though, the Social Security number belonged to someone else, and his green card number was that of yet another person. Suspicious, the employer contacted immigration authorities, who arrested Flores-Figueroa. The five-count indictment against him included two counts of aggravated identity theft.
Federal appeals courts based in Atlanta and Richmond also have ruled in the government’s favor in similar cases, while the appeals court in Washington, D.C., has sided with defendants.
The case, which will be argued next year, is Flores-Figueroa v. U.S., 08-108.
C’mon, they’re just stealing the identities Americans won’t steal. I propose a guest identity thief program.
Fraud is fraud, whether it's just the intended employer or the employer and the person to whom the SSN belongs or will belong.
He’s busy researching international so he can formulate his position.
No one ever heard of “Equal protection under the law”?
Haven’t all the elites already decided that it earns them citizenship?
Federal appeals courts have split over whether the defendant must know that the phony ID numbers belong to a real person and the court said it will resolve the question.
Good Lord...After bringing this country to it's knees, they are now trying to figure out how to kill it.
Why in God’s name is this NOT a crime?
What kind of weasels are spinning this otherwise?
This is why I always get taken in by Scrappleface. It is hard to tell fiction from reality these days.
I geess its obvious I’ve never been to law school but this seems like a no-brainer to me. Just goes to show you most judges are simply educated idiots.
If the SCOTUS rules in the perp’s favor, will it make that much of a difference who gets appointed in the future?
Seems like it would be a lost cause after a decision like that.
They will end up stating that if the illegal states that he did not know that it was fake he is off the hook.
The Supreme court needs to keep the word “knowlingly” out of this.
“If the court rules that ID Fraud by an Illegal Alien is OK, maybe it is time to push the “Reset” button A.K.A 2nd Amendment.”
Some may wish to wait until the Executive Order that deputizes those in the Youth Squad 18 years of age and older, and allows them to carry sidearms “for his or her protection”.
ping
This should be a no brainer. But some of those on the Supreme Court don't seem to have any brains.
Will the court visit the old version "This card is not for identification puposes"?
Just let a CITIZEN steal and use another’s SS# and see if the same court system doesn’t order the offender incarcerated on ID theft.
I’ll tell you, America has bent over backwards and gone that direction just to make US laws accomodate the illegal alien, all to our own detriment.
For identification purposes, the person presenting the card cannot be securely identified with the card alone. That doesn’t negate the truth that the Social Security number represents you to the government. It is your sole number, not assigned to another person on the planet.
If someone uses it, they are in effect saying they are you. They have stolen you identity at that point. They are passing themselves off as you, even if they don’t use your name in the process (IMO). That number stands on it’s own.
for the AFIRE ping list
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.