What do you think 2009 Supreme Court Decision: Illegal Aliens Not ...

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Question by THE GREATEST GODDESS JILL: What do you think 2009 Supreme Court Decision: Illegal Aliens Not Guilty of Identity Theft? Stealing is legal?
2008: ?Generally speaking, people who come into the United States don?t go out and steal an identity. They generally purchase a set of identity documents for the purpose of being able to work.? (Chris Joseph, Esq.)

2006: ?U.S. citizens are being forced to share their identities with undocumented immigrants to give corporate America a steady supply of cheap labor.? (Melody Millet, victim)

2002: ?Use of fraudulent documents by aliens is extensive.? (Richard Stana, GAO)

MSNBC attributes the 2008 quote to Chris Joseph, Esq., who defended an illegal alien accused of identity theft. As the victim of the crime was attempting to regain his credit score, good name and overall reputation, an undocumented worker used the victim?s papers for the sake of finding work, offering up identification when pulled over for traffic violations and also getting credit.

The attorney cleverly shifts the blame for victimizing an American from the shoulders of an illegal immigrant to a ?system? that prevents undocumented workers from finding employment ? and to ruthless sellers of identities who mislead them. Suggesting that illegal immigrants who buy these papers do not know or understand that the identities actually belong to someone else who will be harmed by their use, the attorney is able to argue in court that while guilty of the act the defendant was not guilty of intent.

Generally speaking, the two must be tied together in order to gain a conviction.

Figures by the Federal Trade Commission suggest that ? with respect to identity theft ? employment purposes only played a role in approximately 83,000 cases reported back in 2005. Another kettle of fish altogether is credit card fraud, which appears to be highest in Border States. This highlights that there is a lot more to identity fraud than merely the use of a nine-digit number to assist an undocumented worker to find gainful employment (doing jobs Americans won?t do?) and feeding a hungry family.

In fact, the connection between illegal aliens and identity theft is not new but it has been ignored and swept under the rug. Going back to 2006, improperly allocated wages due to 9 million unacceptable Social Security number account matches have totaled 0 billion. These funds go into the Social Security Administration?s ?Earnings Suspense File.? It is unclear what happens to these funds afterward. Suffice it to say that neither the illegal worker nor the owner of the social security number benefits; this suggests that the government ? in some way ? benefits from the funds, which in turn may present an awkward conflict of interest.

After all, would a cash-strapped government entity really be all that quick to close the pump that supplies it with 0 billion in the span of a few years?

Going back to identity theft facts in figures, in Utah alone some 1,800 mismatched Social Security numbers came from children who were in the system as receiving welfare benefits. A bit of digging reveals that their data somehow also showed up as being in the pile of numbers to which state tax payments were allocated. The assumption here is that a group of people is using the children?s Social Security numbers for work purposes.

Travel back even further in time ? to a 2002 report by Richard Stana of the United States General Accounting Office ? and it is clear that identity theft and illegal aliens are federal problems that appear joined at the hip. Pointing to counterfeiting operations that supply undocumented immigrants with employment eligibility documents, the report?s author warns that fighting identity theft must be at the forefront of actions taken by legislators and also law enforcement.

Today identity theft is the pink elephant in the room where discussions about illegal aliens, the Dream Act and comprehensive immigration reform take place: combining the two has become politically incorrect. In fact, a 2009 Supreme Court decision overturned the identity theft conviction of an undocumented worker because it found that the illegal alien?s action was lacking intent to defraud the owner of the papers. Buying papers to find employment, the court reasoned, is a far cry from intending to steal someone?s identity for personal profit.

http://news.yahoo.com/s/ac/20101221/us_ac/7451598_2009_supreme_court_decision_illegal_aliens_not_guilty_of_identity_theft

Best answer:

Answer by Fernando
because they?re usually not stealing the identity but just making up a number that happens to belong to someone and they don?t use it against the owner or to get social programs but to work.

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Tags: 2009, Aliens, court, Decision, Guilty, Identity, illegal, legal, Stealing, Supreme, Theft, think

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