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U.S. Supreme Court

May 6, 2009

Use of Identity Theft Tactic in Immigration Cases Rejected

In a unanimous repudiation of an immigration enforcement tactic often used by the Bush administration, the U.S. Supreme Court held Monday that the government cannot prosecute immigrants for identity theft unless it can prove the defendant knowingly appropriated the identity of a real person.

By Robert Iafolla
Daily Journal Staff Writer

WASHINGTON - In a unanimous repudiation of an immigration enforcement tactic often used by the Bush administration, the U.S. Supreme Court held Monday that the government cannot prosecute immigrants for identity theft unless it can prove the defendant knowingly appropriated the identity of a real person.

The ruling makes it much harder for federal prosecutors to seek longer sentences for immigrant worke...

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