WORLD & NATION WWW.GUILFORDIAN.COM 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." ' ■

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