Archives : illegal immigrants

Supreme Court to Decide on Identity Theft Case

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:

• had no intention of injuring an individual
• believed their fake ID documents to be counterfeit, rather than stolen

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.

Arguments from Each Side

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.

Statistics on Illegal Immigrants

Here are some statistics on illegal immigrants that can elucidate their presence and role in the U.S.:

• Nearly 22 million people currently living in America are illegal immigrants.
• Since 1996, nearly $4 billion has been spent on paying for social services for illegal immigrants.
• Currently, over 377,000 illegal immigrants are imprisoned in American jails.

Since 2001, the cost of these incarcerations has soared to nearly $1.5 billion.

Possible Outcomes

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)

Have you been charged with identity theft or another crime? If so, contact us today to talk to an experienced criminal defense attorney who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.

Texas Man Cleared of Shootings

A jury recently decided not to indict a Texas man who shot and killed two illegal immigrants who were leaving his neighbor’s house.

The man reportedly thought the men were posing a threat to him and his neighborhood and shot them in the back.

Man Calls Authorities on Suspects

Joe Horn, 62, called authorities and declared his intention to shoot the men, who he suspected were trespassers, with his 12-gauge shotgun.

The conversation is recorded and the dispatcher told Horn multiple times that the “property is not worth killing someone over.”

However, as the tape rolled, Horn went outside and screamed at the men, “Move, or you’re dead!” before firing his weapon.

Controversy Surrounds Shootings

After the incident, 140,000 protestors flooded the city of Pasadena, near Houston, TX.

The controversy only grew when authorities revealed that the two men were illegal immigrants from Colombia.

Decision Reached

“Joe would be the first to tell you that he wasn’t acting as a vigilante,” explained his attorney, Tom Lambright, to the jury.

Horn as expressed his remorse for the shootings and claims that he felt the men were harmful.

“In this case, the grand jury concluded that Mr. Horn’s use of deadly force did not rise to a criminal offense,” says Kenneth Magidson, the District Attorney for the County.

(Los Angeles Times)

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