Wednesday, April 1, 2020

Supreme Court Rules on Illegal Immigrants Who Commit Identity Theft


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A divided Supreme Court ruled today that states can prosecute illegal immigrants for identity theft when applying for a job under an assumed identity.

The ruling also applies to all people who do not have work authorization status in the United States. (Fox News)

The Immigration Control and Reform Act (IRCA) makes it a federal crime to lie on the I-9 work authorization form, while limiting how the false information can be used. Federal law also says information “contained in” the I-9 cannot be used for law enforcement other than specified exceptions — but the Supreme Court ruled that if workers use the same information in tax documents, they can face charges.

“Although IRCA expressly regulates the use of I–9’s and documents appended to that form, no provision of IRCA directly addresses the use of other documents, such as federal and state tax-withholding forms, that an employee may complete upon beginning a new job,” Justice Samuel Alito wrote in the court’s opinion, which was joined by fellow conservatives Clarence Thomas, John Roberts, Neil Gorsuch, and Brett Kavanaugh.

The IRCA also prohibits state or local charges or civil cases against “those who employ, or recruit or refer for a fee for employment, unauthorized aliens,” but Alito noted that this “makes no mention of state or local laws that impose criminal or civil sanctions on employees or applicants for employment.”

In the case of Kansas v. Garcia, three immigrants who are in the U.S. illegally used someone else’s Social Security number on their I-9 forms, as well as on tax-withholding forms. They argued that state prosecutors improperly used information from their I-9 forms. The state dropped charges that relied on those forms and agreed not to use them during their trials, while claiming that the law does not prevent them from using their use of false Social Security numbers on tax documents.

The dissenting justices contended that immigration-related employment is already a federal matter and that states should not be able to take immigration enforcement policy into their own hands.

AAN Staff
AAN Staff
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23 COMMENTS

  1. ALL US Americans, in particular most of them elected “public servants” as well as the “elite”, these need to stop pretending of their being so righteous – simply – because the majority of decent US Americans know damn well that they’re not. Decent US Americans have already had more than enough with the lot of them pathetic HYPOCRITES, LIARS, and THIEVING FRAUDS inside the US Congress, whom .. totally in the open – now are more than willing to openly betray the whole of their “sworn oath of duty”, totally and most obscenely disregard of their full obligation to comply and make sure that ALL USA’s Laws be observed and respected .. ’cause now, all of these treasonous cowards, they’re more than willing to assist and give all of their support to foreigners and criminals who have no care or intention to respect the Law. As it should be, any of them pretenders in Congress who continue to oppose the proper punishment (immediate deportation, incarceration +) of those illegal immigrants who have stolen the identity of (US citizen, legal immigrant) another individual: they should try interviewing the persons’ whose identity was stolen by them crooks they’re supporting, just so that any of these insensitive fraudulent clown get to have an idea of what a victim of stolen identity gets put through when facing the (months) questioning when the IRS gets involved, intimidating, making absurd threats and asking some very stupid questions. I bet that if any of them “honorable” Congress clowns were to have their identity stolen by an illegal immigrant .. these wont be wasting any time to pass some law to such respect.

  2. Hell, the Muslim usurper used SS numbers that were not his. How could a Kenyan have a SS number? Yet the useful idiots allowed him to infest the White House.

      • How? Read these comments by the Dem Ruling Class.
        I have campaigned in all 57 states.
        You don’t need God anymore; you have us Democrats.
        Paying taxes is voluntary.
        Homicide is the leading cause of murder.
        No ordinary American cares about Constitutional rights.
        Having an abortion is no different than having one’s tonsils removed.
        Owning guns is not a right. If it were a right, it would be in the Constitution.
        Bill is the greatest husband and father I know. No one is more faithful, true and honest than him.
        Hillary is as honest as uh the day is long.
        You have a business, you didn’t build that. Someone else did.
        Social Security has nothing to do with the deficit.
        We just have to pass Obama’s Healthcare bill to see what’s in it.
        My fear be that, if North Korea nukes us, well then, dat Trump, he gonna get us into a war, yeah.
        You need to vote for the Democrats otherwise the illegal aliens will lose their rights.
        If too many people move to one side of the island it will tip over!

    • And to this day. There is not just one person on the planet with proof they ever saw the real Obama B.C. and SSN wet ink card! NOT ONE!

      • You think Obama’s going to allow us to see his BC? OR to at least show his SSN to a Court? No, and we all know why.

  3. It`s time to load them up and haul them to San Ysidro and dump them. Give them 6 months to vacate on their own. If not if caught here it`s a death sentence. If you come back it`s a death sentence. Aiding and abetting is a death sentence. After a few of them are put to death they will once again understand what no means. Right now they think we are just a joke that has continued on for decades.

  4. Go to one of their crap-hole nations, illegally and get caught! You don’t even have to commit a crime! Good Luck to ya!

  5. Any official document should be allowed to be used by states to prosecute identity theft. The use of another’s identity is identity theft, period, and identity theft prosecution isn’t an immigration matter. It’s theft, enforceable by the states. Limitations such as in the subject law are absurd, and probably were another Democrat protection of aliens illegally in our Country.

  6. IF a State has an income tax then the laws regarding use of SS#’s within that state for state tax purposes apply PRIMARILY within that state. The Feds have NO juris OVER any such state’s enforcement and criminal prosecution for illegally using another person’s identity.

    As a matter of fact IF a person is using another’s SS# within a state that has state income tax, there could be severe costs to the state and or the individual whose SS# is being fraudulently used. This is NOT a victimless crime.

    It is still my belief that ANY state can and should be allowed to have its OWN immigration court system and to remove any illegal alien from the state to Federal Jurisdiction. Specifically, to remove them to a federal juris such as DC, or even a federal park of land, and to notify the federal government that the person will be delivered to a specific federal juris at a specific time and place.

    The Feds would have no way of arguing they should have control over such a system. The Federal Control would be over the illegal immigrant once released by the state.

  7. I am dumbfounded to think the action hasn’t always been illegal. If you or I, as citizens of this nation, had used false identification to obtain a job and avoid paying taxes, our behinds would be parked in the local federal prison. I am sick to death of having illegal invaders getting special consideration. Is this one law for all or not? Are we all created equal or not? Do we all answer to the same laws and pay the same penalties or not? Apparently I was dead wrong in believing that to be the case. How silly of me to think an illegal would have to answer for identity theft! For turning upside down the life of the living citizen who’s social security number has been stolen. The citizen who is paying taxes on income they never received or loosing their refund checks to cover some one else’s expenses. The citizen who spends hundreds of hours trying to prove they didn’t work in NYC while holding down full time work in FL or AL or where ever they call home. How is it even slightly fair NOT to hold the illegal accountable for this crime?

  8. America’s patriots must do the same thing we did in 2016 which led to Trump winning, so he will win again in 2020: fervently pray and participate–volunteer to campaign, be poll watchers, and transport like-minded citizens to vote.

  9. UNTIL WE DRAIN THE SWAMP AND FOLLOW THE LAW IT WILL NOT GET ANY BETTER , THEY ARE ALL WORRIED THAT THEY MIGHT NOT BE REELECTED OR KEEP THERE JOBS IN FEAR OF BEING CALLED ON THE CARPET BY ANYONE WILLING TO FILE A FALSE REPORT.

  10. You have Mr. George Soros who “OWNS” Hillary pulling the strings. Don’t believe he “OWNS” Hillary. Who did daughter Chelsea marry? Soros nephew. Where was the wedding? In Soros NY home. Who paid for the wedding? The “Clinton Foundation”! Do some research on Soros, like search on ‘European Union’. Or “Who broke the “Bank of England”? Or “Open Borders Foundation”? Very interesting reading.

  11. Another reason never to vote democrat. They want to legitimize the wide spread practice of illegal aliens stealing social security numbers.

  12. I’ve talked to a lot of people about this, and every one of them, who I know are democrats, have said illegals SHOULD lie on employment applications.
    They believe that America owes illegals employment, even when it involves taking away a job offer from a legal U.S. citizen.

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