WORLD & NATION
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Illegal immigration complicated by identity theft
By Tristan Dewar
Staff Writer
THE SUPREME COURT
WILL REVIEW THE
LEGALITY OF AN IDENTITY
THEFT LAW THAT IS CUR
RENTLY USED AGAINST
ILLEGAL IMMIGRANTS
On Oct. 20, the Supreme Court
agreed to review a law that entitles
federal prosecutors to charge illegal
immigrants with identity theft. The
law passed in 2004 and imposes a
mandatory two-year prison sen
tence for those convicted.
The case in question is that of Ig
nacio Flores-Figueroa, a Mexican cit
izen who used a false social security
card containing his real name and
what he thought was a randomly
generated social security number.
Flores-Figueroa used this card to
obtain a job at a steel plant in Illinois
and was unaware that the social se
curity number in fact belonged to a
real person.
He argues that the government
did not adequately prove that he
was cognizant of fraud. The five-
count indictment against him con
sists of two aggravated identity
theft charges.
His case made the rounds in the
appeals circuit, with the United
States Court of Appeals for the
Eighth Circuit in St. Louis affirming
his conviction.
Subsequent courts of appeal fall
divided on the issue: the federal
appeals courts of Richmond and
Atlanta upheld the Eighth Circuit's
interpretation, while the courts of
WasHngton, Boston and San Fran
cisco expressed dissenting opin
ions. ,
"This issue is not going to go
away no matter what the justices
decide," said CBS news legal analyst
Andrew Cohen. "And if this weren't
an election year, it's likely that Con
gress would be voting on how to
give prosecutors more leeway to go
after undocumented immigrants for
identity theft charges,"
The identity theft law is alleged
to be used as leverage against illegal
immigrants. Enforcement officials
give those caught in raids the choice
between the mandatory two-year
term or pleading to a lesser charge
and serving a reduced sentence, fol-
"The rights of undocu
mented immigrants must
be upheld, but I'm not sure
that his rights are being in
fringed upon in this case."
lowed by immediate deportation
without right to appear before an
. immigration judge.
Critics of the law argue that
charging illegal immigrants with
identity theft is a gratuitous abuse
of the law's original intent to dis
courage identity theft, and that im
migrants obtain falsified papers
without knowing whether or not
the social security numbers belong
to actual people.
The Supreme Court will decide
whether the lack of intent is plau
sible reason to suspend the law's ju
risdiction over illegal immigration
cases.
An adverse Supreme Court deci
sion would not affect the law's ap
plication to non-immigration iden
tity-theft cases, but supporters of
stringent immigration enforcement
believe the law is integral to pursu
ing illegal immigrants and even ter
rorists that utilize false identities.
"I think it's sheer stupidity on the
part of the person who knowingly
purchases bogus documents," said
Robert Duncan, assistant professor
of political science. "I'm not hard
hearted, but the law is clear. If you
don't like the law, then organize to
change it."
Duncan firmly believes that the
law must be enforced as interpret
ed, but thinks there are alternative
ways to approach the immigration
problem.
"It would be a lot easier to in
crease immigration quotas from
Mexico and other South American
countries," Duncan said. "Immi
grants can then properly apply for
legitimate paperwork. But I think
Sanjay Marwah,
Asst. Professor of
Justice and Policy
Studies
The law is clear. If you
don't like the law, then
organize to change it.
Robert Duncan
Asst. Professor of
"I find it extremely prob
lematic, this idea of crimi
nalizing individuals that
are... desperate to have
better lives."
Jorge Zeballos
International
Student Adviser
Critics of the law argue that charging illegal immigrants with identity theft is a gratuitous abuse of
the law's original intent to discourage identity theft, and that Immigrants obtain falsified papers
without knowing whether or not the social security numbers belong to actual people.
this particular law will stand, and
it'll probably be a 5-4 decision on the
conservative side."
Jorge Zeballos, international stu
dent adviser, believes that the illegal
immigration debate is framed incor
rectly.
"I find it extremely problematic,
this idea of criminalizing individu
als that are simply desperate to have
better lives due to conditions in their
countries of origin," Zeballos said.
"This debate is couched in dis
cussions of legality when the major
ity of Americans refuse to acknowl
edge that this country has a hand in
creating these adverse conditions in
immigrants' home countries in the
first place."
Zeballos contends that "every
one has jaywalked or sped at some
point, or even gotten a ticket. Illegal
immigration is also a civil offense,
and adding a felony count to the
penalty is absolutely ridiculous."
Sanjay Marwah, assistant profes
sor of justice and policy studies, is
inclined to agree with Duncan.
"I think the Supreme Court will
uphold the decision of the original
interpretation," Marwah said. "The
rights of undocumented immigrants
must be upheld, but I'm not sure
that his rights are being infringed
upon in this case."
However, Marwah feels that el
evating the conviction to a felony
count is also overreaching in immi
gration cases.
"I don't think there's any justi
fication for it being a felony count.
It's excessive, but deportation is not.
They need to reform the system and
institute gradations for these offens
es."
The case will be heard in 2009.
NEW CONSTTTimON: A WAY OUT OF CORRUPTION
By Noble Maxwell Van Pelt Diller
Staff Writer
that we have been fighting and
hoping for and which starting to-
day is approaching reality," Cor-
On Sept. 28, Ecuadorian voters rea said,
passed their country's new con- Many supporters of the new
stitution with an overwhelming constitution see it as a way to drag
majority. The constitution will their country out of the economic
put more power in the hands of hole it has been quickly sinking
Ecuador's socialist president, into. Correa is one of seven presi-
Rafael Correa, and allow him to dents this decade and, consider-
maintain in office until 2017. ing the overwhelming reaction at
Last summer, Correa began the polls and voter turnout, he
is making an
drafting with
his administra
tion and sup
porters a new
constitution
that they hope
will bring Ecua
dor up to a new
and improved
direction.
According to
Some of the new laws in the
constitution include new rights
for homosexuals who are
pursuing civil unions, and a ban
on transgenic crops.
impact on his
country.
The new
constitution, a
whopping 444-
article piece
of legislation,
contains many
articles that
„ some hope will
The Los Angeles Times, Correa send Ecuador into a brighter to-
reminds the people that it is not morrow.
time to. relax. Some of the new laws include
"I call on all Ecuadorians of new rights for homosexuals who
good will and faith to put their are pursuing civil unions, and a
shoulders and hearts together ban on transgenic crops. Most
and biiild together the' Ecuador importantly, they, allow Correa
to keep his office until 2017. Also,
it gives him the ability to abolish
the National Congress once each
term, which would trigger an
election shortly after.
The Los Angeles Times quotes
construction worker Francisco
Tuaponte, who said that he bare
ly makes enough money to keep
from starving. Previous leaders
"ran the country like their own
private hacienda for too long.
Correa will get us out of the mess
we're in."
Supporters of Correa say that
the new laws will give the presi
dent more control over the econ
omy. Critics of the new laws say
that this new piece of legislation
could turn Correa into a power
ful dictator.
Correa has shown strong use
of power in the past, such as
when he ordered a state takeover
of major television stations. The
government chalked it up to the
owners owing them cash but in
reality it is assumed Correa made
the move to gain support for the
'new constitution. The takeover
Ecuador’s president Rafael Correa will serve until 2017 under the new con
stitution.While some worry that this will give Correa too much power, most Ec
uadorian citizens believe Correa will bring much-needed change to the country.
was, in the end, widely popular,
according to The Washington
Post.
In Ecuador, there has never
been a problem with ousting a
president that outlived their wel
come in office. Three of the seven
presidential shifts this decade
were completed through a mili
tary coup.
An Ecuadorian citizen was
quoted in TKe Washington Post.
"We expect a change. We expect
the government to meet its prom
ises," said Beatriz Astudillo out
side a polling station in Quito.
The Washington Post quotes
Correa, "Today, Ecuador has de
cided on a new nation. The old
structures are defeated," Correa
told cheering supporters in the
coastal city of Guayaquil. "This
confirms the citizens' revolu
tion." ' ■