The Supreme Court has decided to rule on a case about identity theft among illegal immigrants. The case involves Ignacio Flores-Figueroa, a Mexican immigrant who illegally worked at an Illinois steel plant (L&M Steel). Flores-Figueroa was given work because he used another person’s identity to obtain it.
The central controversy at hand is whether or not immigrants illegally working in the U.S., such as Flores-Figueroa, can be convicted of identity theft if they:
Following his 2006 arrest, Flores-Figueroa was convicted of aggravated identity theft, among other charges, and sentenced to 6.5 years in jail. Two and a half years of this sentence were due to the identity theft conviction.
To date, the defense team has appealed the case six times, with results equally split between both sides.
According to the defense, Flores-Figueroa didn’t know that he was using an actual person’s identity. Instead, the defendant thought the ID papers he had were counterfeit.
Consequently, his lawyers argue that he (or immigrants in similar circumstances) should not be charged with identity theft unless prosecutors can prove that the use of “fake” ID was intended to victimize a real individual.
Alternately, prosecutors contend that any use of another person’s identification papers (such as social security cards, birth certificates, etc.) is grounds for a conviction on identity theft charges.
Here are some statistics on illegal immigrants that can elucidate their presence and role in the U.S.:
Since 2001, the cost of these incarcerations has soared to nearly $1.5 billion.
It’s important to note that the Supreme Court’s eventual ruling on this case will not affect identity theft charges against Americans. However, it may dramatically change the way illegal immigrant cases are handled in the U.S.
For instance, if the Supreme Court rules in favor of prosecutors in the coming year, experts claim that immigration agents will use this ruling to conduct large-scale raids of job sites that employ illegal immigrants. In one sense, some see a ruling for the government as an open mandate to crack down on illegal immigration.
However, if the Supreme Court rules in favor of Flores-Figueroa, prosecutors fear that this will open up a large loophole for defendants who are illegal immigrants. According to these critics, any defendant illegally working in the U.S. can claim that he “didn’t know” his paperwork belonged to an actual person.
With homeland security and identity theft ever-present concerns in modern-day American, the Supreme Court’s ultimate decision on this case is expected to generate further controversy and a series of similar cases that will further define this initial ruling.
(Source: Washington Post)
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Tags: identify theft, illegal immigrants