Supreme Court to consider allowing states to prosecute illegals for identity theft

Supreme Court to consider allowing states to prosecute illegals for identity theft
U.S. Supreme Court (Image: YouTube screen grab)

The Supreme Court will consider allowing states to prosecute illegal aliens for identity theft if they use another person’s Social Security number to obtain a job.

A case involving three Kansas restaurant workers having done just that will be heard during the Court’s nine-month term that starts in October.

The Kansas Supreme Court threw out convictions of the illegal alien workers, ruling that only the federal government could prosecute based on information that comes from federal form I-9.

Prosecutors argue they should be able to use the information on the form. Lawyers for the aliens each of whom stole someone else’s identity, naturally claimed that allowing states to use federal documents to prosecute illegals could lead to discriminatory tactics.

Matters such as this are currently handled at the federal level, but as Bloomberg reports, “A victory for Kansas would give states a new tool for battling illegal immigration, letting them be more aggressive” on the issue.

One would also suspect that this “new tool” would be used primarily by red states, increasing lawlessness in states such as New York and California who would rather protect criminals than prosecute them.

Another, if idiotic solution for this problem would be to adopt the initiative put forward by presidential candidate Kirsten Gillibrand, who has advocated for including illegal aliens on the Social Security rolls.

California Dreamin’

Former California state Sen. Kevin de León, currently vying for a city council seat in Los Angeles, would be a test case of the law, according to his own words.

De León is famous for admitting during a debate that half of his family are illegal aliens who secured false identification papers to avoid deportation.

His words exactly:

I can tell you half of my family would be eligible for deportation under the executive order, because if they got a false Social Security card, if they got a false identification, if they got a false driver’s license prior to us passing (the sanctuary state bill), if they got a false green card, and anyone who has family members, you know, who are undocumented knows that almost entirely everybody has secured some sort of false identification. That’s what you need to survive, to work. They are eligible for massive deportation.

Identity theft and illegal immigration. Think California is going to prosecute these crimes with Democrats like de León in their ranks? With family member themselves who have committed the same crime?

39 Million SS Numbers

A study by the Immigration Reform Law Institute revealed that between 2012 and 2016 there were “39 million instances where names and Social Security numbers on W-2 tax forms did not match the corresponding Social Security records.”

The group said illegals were taking advantage of a “thriving black market” to get Social Security numbers necessary to get jobs and presumably other services one can obtain with the number.

At the time, they also noted that the Obama administration had “stopped sending so-called ‘no match’ letters to employers notifying them that numbers used by employees on the wage forms do not match their identity.”

Another report studying roughly the same timeframe showed that Obama’s Internal Revenue Service (IRS) simply ignored over 1.3 million cases of identity theft by illegal aliens.

In other words, they turned a blind eye to the illegal activity. Let’s hope the Supreme Court doesn’t do the same thing.

Cross posted at the Mental Recession

Rusty Weiss

Rusty Weiss

Rusty Weiss is editor of the Mental Recession, one of the top conservative blogs of 2012. His writings have appeared at the Daily Caller, American Thinker,, Big Government, the Times Union, and the Troy Record.


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