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Justices To Review Immigrant ID Theft

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Published: October 21, 2008

WASHINGTON - The Supreme Court is taking a look at federal prosecutors' efforts to pin identity theft charges on undocumented foreign workers who have Social Security and identification numbers that belong to others.

The government has used the charges - with the possibility of prison time - to persuade people to plead guilty to lesser immigration violations. In other cases, defendants have been convicted of "aggravated identity theft," even without proof that they knew their phony ID numbers belonged to real people.

The issue has divided federal appeals courts around the country and the justices said Monday that they will resolve the issue after hearing arguments next year.

The central question is whether the defendant must know the counterfeit ID belongs to someone else. Federal prosecutors have increasingly been bringing the more serious identity theft charges against undocumented immigrants, including many arrested in raids on plants.

The Associated Press

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