Constitutional Law

Justices Sympathetic to Worker's "Unknowing" Use of Another's Identity

During oral argument, the Supreme Court appeared sympathetic to an undocumented worker’s claim that he was using another person’s social security number “unknowingly.”

Ignacio Carlos Flores-Figueroa, an immigrant from Mexico working in an Illinois steel plant, used a false identification and social security number to obtain work there. He was arrested last year and pleaded guilty to using false documents and entering the country illegally. However, he disputed charges of aggravated identity theft, which requires “knowingly” using the identity of another person.

The Bush administration’s use of the law against undocumented immigrants came to light after an immigration raid at an Iowa meat-packing plant last year. There, of the 389 workers arrested, about two-thirds were charged under the 2004 law. The charge carries a mandatory two-year minimum sentence.

Questioning a government attorney yesterday, Chief Justice John Roberts asked whether someone should receive another two years in prison “if it just so happens that the [social security] number you picked out of the air belongs to someone else?”

Toby Heytens, an assistant to the solicitor general, responded that victims of the theft only care that another person is using their private information. “There are no victimless violations,” he said.

Transcripts from the argument are available here. A decision is expected from the high court by late June.

Full post as published by ACS Blog on February 26, 2009 (boomark / email).