Posted on 10/21/2014 6:10:29 AM PDT by dennisw
Supreme Court Overturns Illegal Immigrants ID Theft Conviction
MAY 04, 2009
The Supreme Court has unanimously ruled that an illegal immigrant who used stolen documents to work is not guilty of identity theft because he didnt know the information belonged to another person.
The ruling eliminates an important tool for prosecuting and deporting illegal aliens who victimize Americans by stealing their identities to get jobs in this country. In its 18-page decision the court says that the crime of identity theft is limited to those who actually know they stole someone elses information.
Prosecutors must therefore prove that illegal immigrants who use false identification papers know they belong to another person to be convicted of identity theft. The Supreme Court ruling, which resolves conflicting appeals court decisions on the issue, overturns the aggravated identity theft conviction of a Mexican illegal immigrant (Ignacio Flores-Figueroa).
Flores-Figueroa had pleaded guilty to two counts of misuse of immigration documents and one count of illegally entering the United States. He was subsequently convicted on two counts of aggravated identity theft which added two years to the 51-month sentence for the previous crimes.
In 2000 the illegal alien used a fake name and Social Security number to get a job at an Illinois steal plant. In 2006, he told his employers that he wanted to use his real name and submitted new documents, including a Social Security number he bought in Chicago that belonged to someone else.
But in the High Courts opinion, Justice Stephen Breyer writes that the law requires prosecutors to show that the defendant knew the counterfeit identification belonged to another person. The court agreed that the illegal immigrant could be charged with a misdemeanor for using an identification he knew was false, but he could not be charged with a felony of aggravated identity theft because he did not know he was using someone elses Social Security number.
So any illegal can just say, “I didn’t know”? And of course, we can count on them to be honest...after they slithered across our border like thieves in the night. What happened to “ignorance of the law is no excuse”? I guess that only applies to Americans.
Jose and Pedro know what they are doing is illegal. That is all anyone needs to know to convict.
Highly likely that this guy knew the number was fraudulent. Maybe the DA should have charged* him appropriately.
*For the record I have no idea, maybe he was charged with multiple counts and it was just the theft charge the Court rightly tossed.
Must be in Chicago...
Thinking logically, if one knows the identification data they are using is NOT THEIRS, then why is it not identity theft when it happens to be someone else’s (as opposed to fictitious)?
The law is an ass.
He could argue that, for all he knew, the number he bought was simply made up and belonged to nobody. Therefore, no theft. The burden of proving otherwise is on the prosecution.
Employers are supposed to receive "no-match" letters from the Social Security Administration informing them of any employees they may have whose SSN's do not match with their names. However, as you can see from the link, the 'Rats made sure the process of resolving do-not-matches is complex and subjects the employer to legal risk. We wouldn't want employers actually catching illegals, would we?
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