Identify Theft Law Can’t Be Used to Prosecute Illegal Immigrants

supreme-courtThe Supreme Court’s decision gives the government yet another reason to focus enforcement of our nation’s immigration laws against employers, not illegal immigrants.

By ADAM LIPTAK and JULIA PRESTON
New York Times
WASHINGTON — The Supreme Court on Monday rejected a favorite tool of prosecutors in immigration cases, ruling unanimously that a federal identity-theft law may not be used against many illegal workers who used false Social Security numbers to get jobs.

The question in the case was whether workers who use fake identification numbers to commit some other crimes must know they belong to a real person to be subject to a two-year sentence extension for “aggravated identity theft.”

The answer, the Supreme Court said, is yes.

Prosecutors had used the threat of that punishment to persuade illegal workers to plead guilty to lesser charges of document fraud.

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