Colorado Supreme Court Use of SSN not impersonation (illegal, employment, Mexico)
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Identity theft and using stolen identification is a felony crime - if Americans do it, but when illegals do it, they're not prosecuted and are rewarded with promises of quick easy citizenship, "family reunification", and a plush USA retirement on social security checks.
Criminals using stolen social security numbers should spend time in prison and then be deported.
You are re-stating a falsehood that the US Supreme Court never stated. I dont know where you got that Idea, but if you would like to share where in the Supreme Court's ruling it says... that "its ok for illegal aliens to commit felony identity theft", but Americans will be procecuted...
You are re-stating a falsehood that the US Supreme Court never stated. I dont know where you got that Idea, but if you would like to share where in the Supreme Court's ruling it says... that "its ok for illegal aliens to commit felony identity theft", but Americans will be procecuted...
It must be an unwritten law then as that is what is happening. Add to that the liberal PC judges we have today and our double standard justice system is out there for all to see by the cases that have been tried against both citizen and illegal alien.
You gotta love the liberals... take out a LOAN in someone else's social security number meaning the other person is going to be stuck with whatever happens if the loan is unpaid... how's that hope and change for ya!
You are re-stating a falsehood that the US Supreme Court never stated. I dont know where you got that Idea, but if you would like to share where in the Supreme Court's ruling it says... that "its ok for illegal aliens to commit felony identity theft", but Americans will be procecuted...
Hint - from the article:
The Denver Post reported that the court threw out Felix Montes-Rodriguez's 2006 conviction in a 4-3 decision.
Using a stolen social security number is a felony document fraud kind of crime if an American citizen does it for any reason.
They are not prosecuting illegals who use stolen identification documents.
The question before the Colorado Supreme Court was not if the person mis used someone's elses [the woman's]SSN...It was if the Person assumed the woman's identity.
The CSC did not rule that it was legal to use someone else's SSN, The Court ruled using someone else's SSN is not assuming that person's Identity[IN THIS CASE].
I know what the "question" was and what you said is the point. The legalities of all of this are keeping illegal immigrants from having to be charged with the crimes that they should be charged with: using someone's identity. A SSN is personally identifying information. If a US Citizen used someone's SSN, do you think they would be charged with identity theft? Shall we check legal history to see if that has happened before? If it has, wouldn't it make this case even more ridiculous?
Hmm, maybe a law can be rewritten or presented to prevent this stuff from happening.
The Denver Post reported that the court threw out Felix Montes-Rodriguez's 2006 conviction in a 4-3 decision.
Using a stolen social security number is a felony document fraud kind of crime if an American citizen does it for any reason.
They are not prosecuting illegals who use stolen identification documents.
The justices said that the government, in order to prove such charges, must demonstrate that a defendant “knowingly” hijacked the identity of somebody else. In the case before the justices, an Illinois illegal immigrant steelworker was charged under the statute after submitting a fake Social Security number that, without the worker’s knowledge, happened to match a real number
No where in the ruling did the supreme court say that it was "OK" for illegal aliens[or any person] to "Knwingly"[or not] use another person's documents without repercussion. The Court ruled, that the govenment[local LE, State LE, and Federal LE] could not charge a person with Aggervated Identity Theft without proving that the person knowingly attempted to use the documents for personal gain[open bank accouts, steal monies].
Local Law Enforcement agencies were charging illegal aliens with "aggrevated identity theft" [without proof] instead of "identity fraud" [a lesser charge] because the more serious charge made it easier to have the alien deported more quickly.
The Supreme Court Ruled, 9-0,
Flores-Figueroa v. United States (08-108)Oral argument: February 25, 2009
Appealed from: United States Court of Appeals, 8th Circuit (April 23, 2008)
AGGRAVATED IDENTITY THEFT, DEPORTATION, IMMIGRATION, ILLEGAL ALIENIgnacio Flores-Figueroa, a Mexican immigrant used a false name, social security number, and resident alien card to obtain employment. Unbeknownst to him, these documents belonged to another person. When the government discovered this, it charged him with aggravated identity theft under 18 U.S.C. § 1028A(1)(a), and he was found guilty. Flores-Figueroa contends that under the statute,[ he committed mere identity fraud rather than aggravated identity theft because he did not know that the identity information in fact belonged to a real person.] The government argues that the statute should apply to all defendants who use another's identity information, regardless of their mens rea, or intent. The outcome of this case will impact how identity theft cases are prosecuted as well as the rights of immigrants who have used falsified identity documents.
You can read the entire rulling and the opinons of the concurring Justices atwww.supremecourt.gov/opinions/08pdf/08-108.pdf
The justices said that the government, in order to prove such charges, must demonstrate that a defendant “knowingly” hijacked the identity of somebody else. In the case before the justices, an Illinois illegal immigrant steelworker was charged under the statute after submitting a fake Social Security number that, without the worker’s knowledge, happened to match a real number
No where in the ruling did the supreme court say that it was "OK" for illegal aliens[or any person] to "Knwingly"[or not] use another person's documents without repercussion. The Court ruled, that the govenment[local LE, State LE, and Federal LE] could not charge a person with Aggervated Identity Theft without proving that the person knowingly attempted to use the documents for personal gain[open bank accouts, steal monies].
Local Law Enforcement agencies were charging illegal aliens with "aggrevated identity theft" [without proof] instead of "identity fraud" [a lesser charge] because the more serious charge made it easier to have the alien deported more quickly.
The Supreme Court Ruled, 9-0,
Flores-Figueroa v. United States (08-108)Oral argument: February 25, 2009
Appealed from: United States Court of Appeals, 8th Circuit (April 23, 2008)
AGGRAVATED IDENTITY THEFT, DEPORTATION, IMMIGRATION, ILLEGAL ALIENIgnacio Flores-Figueroa, a Mexican immigrant used a false name, social security number, and resident alien card to obtain employment. Unbeknownst to him, these documents belonged to another person. When the government discovered this, it charged him with aggravated identity theft under 18 U.S.C. § 1028A(1)(a), and he was found guilty. Flores-Figueroa contends that under the statute,[ he committed mere identity fraud rather than aggravated identity theft because he did not know that the identity information in fact belonged to a real person.] The government argues that the statute should apply to all defendants who use another's identity information, regardless of their mens rea, or intent. The outcome of this case will impact how identity theft cases are prosecuted as well as the rights of immigrants who have used falsified identity documents.
You can read the entire rulling and the opinons of the concurring Justices atwww.supremecourt.gov/opinions/08pdf/08-108.pdf
I'm pretty sure the whole purpose in stealing someone's social security number is to get one that would actually work - meaning it belongs to someone else, is their identification number.
What's more, if an illegal is trying to obtain money to buy something, he's going to try to steal one that has good credit attached with it. Imagine an illegal dumb enough to steal someone's number whose credit is bad? Or a deadbeat father's social security number only to end up owing child support?
This illegal stole a number to access money through credit. There is a lot of organized crime that makes a big business out of Identity Theft - and they go after valid social security numbers that are associated with high credit scores because those are the social security numbers the illegals want.
It would be funny to trick illegals into paying child support on other people's kids - have their illegal wages garnished for child support by selling them the social security numbers of dead beat parents. Or have credit agencies coming after them because they inadvertantly stole the wrong number. Too bad that never happens.
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