ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Constitutional Law Blogs -> Blog of Rights

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Constitutional Law

: Blog of Rights

Highest Court Ends Misuse of Identity Theft Law that Punished Innocent Immigrant Workers

By Mónica M. Ramírez, Staff Attorney, Immigrants' Rig

ADVERTISEMENTS

On Monday, the Supreme Court decided an important case, Flores-Figueroa v. United States, which has serious implications for immigrant workers. In a unanimous decision, the Court held that "aggravated identity theft," a serious federal crime imposing a mandatory minimum two-year prison sentence, cannot be used to criminalize persons who have no knowledge that a false ID or Social Security number or other means of identification they are using belongs to another person.

During the Bush Administration, the government prosecuted or threatened to prosecute hundreds of immigrant workers for aggravated identity theft even when there was no evidence that the worker knew that he or she was using false documents that belonged to another person. As the Supreme Court has now held, the government’s view contradicted the plain words of the statute, which requires knowledge.

The most notorious example of this occurred almost one year ago, on May 12, 2008, when U.S. Immigration and Customs Enforcement (ICE) raided a slaughterhouse in Postville, Iowa and subjected more than 300 Guatemalan and Mexican workers to criminal prosecution for using false documents to work. The prosecutions were designed and implemented to achieve high-pressure, mass processing of hundreds of indigent defendants in an extremely short period of time. Not only were few attorneys appointed to represent hundreds of defendants, but the government threatened workers with charges of aggravated identity theft — carrying the two-year mandatory prison sentence — if they did not plead guilty (within seven days) to knowingly using false employment documents or a false Social Security number with a sentence of five months incarceration.

As a result, the workers were faced with the choice between two years in prison or a shorter term of five months. Within days, the overwhelming majority of workers pled guilty and served five months or longer in prison. Some of them are still in prison today.

The ACLU submitted testimony to Congress on the abuses that occurred in Postville.

Most of the workers employed by Agriprocessors, Inc. in Postville were reportedly given an arbitrarily selected number by their employer to use as their Social Security number. Many of the prosecuted workers did not know what the number was used for (PDF), much less that it belonged to another person.

The Court’s ruling makes clear that the government can no longer use a criminal statute designed to combat actual identity theft to go after and punish immigrant workers. That the government misused the aggravated identity theft charge as a hammer to pressure Postville workers to waive all their rights and plead guilty to lesser charges was a true miscarriage of justice — the punishment simply did not fit the crime.

Full post as published by Blog of Rights on May 06, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0137 secs (new cache)