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The bill says those applying for aid should be reported if they're illegal aliens, however if they don't receive aid because of improper documentation, they're not reported. My question is, if they have what appears to be proper documentation, and thus receive aid, how do the workers know they're illegal aliens? It seems as though the only 'reportable' ones are those who walk away with no benefits, in which case reporting is not required.
Obviously, you aren’t aware of the recent Supreme Court ruling. Illegal aliens can NOT be charged with ID theft when they STEAL a SSN, if they claim they didn’t realize it belonged to a “real” person. Tell me how many U.S. citizens can commit the same act with impunity. I’ll answer that for you. . . NONE.
Obviously, you aren’t aware of the recent Supreme Court ruling. Illegal aliens can NOT be charged with ID theft when they STEAL a SSN, if they claim they didn’t realize it belonged to a “real” person. Tell me how many U.S. citizens can commit the same act with impunity. I’ll answer that for you. . . NONE.
Originally Posted by 1751texan both citizen and ilegal aiens are convicted for fraudulently using SS numbers. I dont know where you get the idea that aliens are not.
The Supreme Court ruled that LE could not use the more serious charge of Identity Theft if LE had no proof that the accused was not using the SSN for that purpose. The accused could still be charged with fraudulent use of a SSN. LE was using the more serious felony charge to deport illegal aliens more quickly. The Supreme Court ruled 9-0 that LE needed to prove the person, Legal or Non-Citizen, was committing Identity-theft.
Both citizen and non citizen alien can be charged and prosecuted for both Fraudulent use of a SSN and Identy Theft. The Court exempted no one.
Last edited by 1751texan; 03-16-2010 at 05:44 AM..
Originally Posted by 1751texan both citizen and ilegal aiens are convicted for fraudulently using SS numbers. I dont know where you get the idea that aliens are not.
The Supreme Court ruled that LE could not use the more serious charge of Identity Theft if LE had no proof that the accused was not using the SSN for that purpose. The accused could still be charged with fraudulent use of a SSN. LE was using the more serious felony charge to deport illegal aliens more quickly. The Supreme Court ruled 9-0 that LE needed to prove the person, Legal or Non-Citizen, was committing Identity-theft.
Both citizen and non citizen alien can be charged and prosecuted for both Fraudulent use of a SSN and Identy Theft. The Court exempted no one.
Again, the ruling applies exclusively to illegal aliens. No such ruling has been made relative to citizens. Thus, an illegal alien can be absolved of ID theft simply by claiming ignorance. How many do you actually believe will ever admit they knew they had stolen an identity? Furthermore, it would be virtually impossible for law enforcement to prove otherwise. Can a U.S. citizen claim ignorance of ANY law and get a free pass? I will also answer this for you. . . .NO!
Originally Posted by 1751texan both citizen and ilegal aiens are convicted for fraudulently using SS numbers. I dont know where you get the idea that aliens are not.
The Supreme Court ruled that LE could not use the more serious charge of Identity Theft if LE had no proof that the accused was not using the SSN for that purpose. The accused could still be charged with fraudulent use of a SSN. LE was using the more serious felony charge to deport illegal aliens more quickly. The Supreme Court ruled 9-0 that LE needed to prove the person, Legal or Non-Citizen, was committing Identity-theft.
Both citizen and non citizen alien can be charged and prosecuted for both Fraudulent use of a SSN and Identy Theft. The Court exempted no one.
Yes because its obvioud that an illegal using an ID other than their own had no idea that it actually belonged to someone else. The illegal simply uses another ID because they like the name better. Sort of like when a carjacker borrows your car. They aren't stealing it they are just using it.
Again, the ruling applies exclusively to illegal aliens. No such ruling has been made relative to citizens. Thus, an illegal alien can be absolved of ID theft simply by claiming ignorance. How many do you actually believe will ever admit they knew they had stolen an identity? Furthermore, it would be virtually impossible for law enforcement to prove otherwise. Can a U.S. citizen claim ignorance of ANY law and get a free pass? I will also answer this for you. . . .NO!
what you fail to understand, it applies to all. If someone is arrested, if they have a fake SSN they can be charged with Fraudulant use of a SSN. Now if the accused is using funds and using the identity of an actual person then LE can charge them with Identity Theft. I doesnt matter if the accused is a citizen or an Illegal alien.
Call and ask a law professor in your home town.
The court ruled against LE not for Illegal Aliens...The court put a stop of LE upping the charge from Fraudulent Use of a SSN to Identity Theft...with no proof of the second more serious charge.
Since LE was doing this to illegals to deport them, but in theory,[and more importantly to the Court] LE could do it to anyone. So the court ruled agasint the practice of upping the charge...not in Favor of illegals.
Last edited by 1751texan; 03-16-2010 at 06:24 PM..
Welfare officials ought to report illegals who try to obtain services beyond any welfare for U.S. citizen children. This is especially the case with any Americanized illegals who try to become "welfare kings" or "welfare queens" (many people on welfare have low paying jobs, but "welfare king/queen"ness goes far beyond that in terms of dependency on the system)
Welfare officials ought to report illegals who try to obtain services beyond any welfare for U.S. citizen children. This is especially the case with any Americanized illegals who try to become "welfare kings" or "welfare queens" (many people on welfare have low paying jobs, but "welfare king/queen"ness goes far beyond that in terms of dependency on the system)
Actually they should be reporting the parents of the child if they are illegals.
Originally Posted by 1751texan both citizen and ilegal aiens are convicted for fraudulently using SS numbers. I dont know where you get the idea that aliens are not.
The Supreme Court ruled that LE could not use the more serious charge of Identity Theft if LE had no proof that the accused was not using the SSN for that purpose. The accused could still be charged with fraudulent use of a SSN. LE was using the more serious felony charge to deport illegal aliens more quickly. The Supreme Court ruled 9-0 that LE needed to prove the person, Legal or Non-Citizen, was committing Identity-theft.
Both citizen and non citizen alien can be charged and prosecuted for both Fraudulent use of a SSN and Identy Theft. The Court exempted no one.
The Supreme Court did indeed exempt illegal aliens. I don’t know why you’re belaboring the issue. The ruling in Flores-Figueroa v. United States limits the prosecution of illegal aliens to those who “knowingly” use the SSN of another. Again, how many do you believe will actually admit to such knowledge? One would have to be a moron to admit they knew they had stolen the SSN of an actual person, when the only requirement for exculpation is a plea of ignorance. C’mon, this isn’t rocket science.
You’re also forgetting one salient point. A U.S. citizen can legitimately obtain a SSN. Therefore, a citizen who uses the SSN of another would ONLY do so with nefarious intent. There would be no defense. Only an illegal could plead, “I just bought the card to work, and didn’t realize it belonged to an actual person.”
Furthermore, this ruling applies only to ID theft involving a SSN. So yes, an illegal alien can be prosecuted and convicted of ID theft involving the theft of a credit card, driver’s license, etc. However, an illegal alien can NOT be charged with ID theft involving a valid SSN unless the illegal admits he/she “knew” it belonged to an actual person. This is not my opinion; it is the ruling of the Supreme Court.
Quote:
The ruling is not expected to affect prosecutions of non-immigration identity-theft cases. Defendants who steal Social Security number for financial gain know they are victimizing a real person.
Apparently some pro-illegals recognize the distinction.
Quote:
The Supreme Court ruling underscores that fact that there is a difference between real criminals and undocumented immigrants who just come to work.
Supreme Court ruling on identity theft is common sense (Latina Lista) (http://www.latinalista.net/palabrafinal/2009/05/supreme_court_ruling_on_identity_theft_i.html - broken link)
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