Child ID Theft Victims - You’re On Your Own (Update - Illegal Immigration)

I’ve been planning to plug UCourts again for checking who is using your child’s identity (or your identity) and after yesterday, I figured now would be a good time to quit putting it off.

With the recent Utah election results (Chaffetz being the exception), it is highly unlikely that employers will never be required to verify identities of those they employ.  As a matter of fact, I expect we will take a step back and watch as the 2009 (non-election year) legislature guts the recently passed legisltation that requires State contractors to verify identity of their employees (at least the Feds require it now).

The result is that children’s identities will continue to be a prime commodity for identity thieves, illegal immigrants, fugitives and deadbeat parents.  Unfortunately, that means you will be on your own to proactively protect your and your children’s identities.

The best resource, thus far, that I have found is UCourts.com (click here for a more detailed review/discussion - also note: I have NO financial etc affiliation with UCourts).  It will cost you $5 per search but this remains the best deal by far that I have found.  I have also been very satisfied with UCourts customer service.  In any case, UCourts allows you to type in your child’s social security number and view a report (hopefully blank) on who is using the number.

While it may be annoying to have to check identities, I can not recommend doing so strongly enough.  Cleaning up identity theft is an incredibly time consuming and costly venture but the sooner you discover and act upon the theft the greater the above costs are mitigated.  Further, it is much better to take proactive action to discover identity theft than find out when the IRS comes to collect the back taxes you or your two year old owe for that second, third, or twentieth job using your Social Security Number, or when your child is turned down for income qualifying scholarships or internet access based on their unexpectedly high earnings or bad credit histories.

Unfortunately, even law enforcement (depending on the department) is often unwilling to help as in the case below.  While talking to the family, they noted that the California law enforcement agency was not interested in taking action against the individual using the child’s identity (the family even know his name and location thanks to UCourts).  At least in her case LifeLock stepped up and helped:

It is also worth checking the comments on the above report (one commenter’s child is a victim).

Finally, child identity theft is much more prevalent than most people believe.  It is estimated that up to 50,000 Utah children have had their identities compromised and 1.1 million in Arizona (PDF) may have as well (note: Arizona now requires all employers to verify identity).  Strong vigilance on your identity will continue to be necessary to lower the chances of becoming a victim:

UPDATE: Will this change my prediction on SB81 being gutted: Most Utahns stand behind get-tough immigration bill

No, it will not.  While 75% want the bill left intact and 55% want measures expanded, given the recent Utah election results, we will, likely, see them gut the bill and guarantee Utah’s continued status as a gateway state for illegal immigrants and job-safe haven for fugitives and other identity thieves.

ID Verification for Federal Contractors

President Bush has moved the federal government a step a head of Utah and a step in the right direction:

Firms ordered to verify workers

The President signed an executive order requiring firms that contract with the federal government to use the E-Verify system to verify they are hiring legal workers.

Most articles on the subject reference it as a measure to prevent illegal immigration. While it does help, the media (and the administration) miss the fact that E-Verify goes much further than checking immigration status. The program also serves to prevent identity theft.

While the majority of identity theft for employment is illegal immigrant driven, fugitives and deadbeat moms and dads are also notorious identity thieves for employment purposes. Fugitives don’t want to use their personal Social Security Number (obviously, they want to evade identification and capture) and deadbeats don’t want their wages garnished to pay for their child/spousal support. Illegal immigrants use stolen social security numbers to be eligible for work as well (click here for a description note: an illegal immigrant example is used but it applies to all classes of identity theft for employment). I’m sure other classes of identity thieves also use stolen identities for employment for other miscellaneous reasons.

E-Verify will prevent the above from obtaining a job from a legitimate employer receiving taxpayer funds.

Utah will also require State contractors use E-Verify beginning in 2009 (thanks to SB 81) and that is dependent upon the State legislature not messing with the legislation in the 2009 session (a non-election year). Hence, the federal government being a step ahead of Utah. At least the State is using the system for its new hires.

Finally, a large gap continues to exist as identity thieves of all stripes can continue to easily gain employment at the majority of companies (who don’t have government contracts). Some states (Colorado, Oklahoma, Georgia, and Arizona) have already taken measures to address the problem in full, requiring all companies to verify identity and employment eligibility while others(Idaho and Missouri) have already implemented to requirement for State contractors.

Shocked: State of Utah Using E-Verify (Update)

First, Governor Huntsman actually signed SB 81 which will require the State and State Contractors to use E-Verify on their new hires beginning July, 2009. Again, I’ll remind you that this law will require very careful attention in the 2009 legislative session as it will be a non-election year and legislators will be tempted to gut the law to please the pro-illegal immigrant lobby and cheap labor donors. Frankly, you can count on no opposition of such a move by Gov. Huntsman.

Now for the shocking stuff. I’m certain this started very recently, but am not sure on the actual date this was implemented (look at the bold red lettering below the “Sort Open Jobs by” box):

Looks like identity thieves will find it much harder to get a State job (in the Executive Branch). Same can’t be said of regular jobs in Utah, yet. I assume the Governor ‘okayed’ the policy shift. Hopefully this is a good sign for the future…

PS - Don’t forget this is an election year - this may be exerting a temporary influence on the Governor and Legislators. We’ll see how long E-verify is used.

UPDATE: I was informed that the State has been using E-Verify since October and is very pleased with it, thus far. Also, the assumption that Governor Huntsman approved of its use may be wrong, this may have been an administrative decision by the personnel department. Whoever decided to implement this - kudos!

Finally, this ONLY applies to State hires.  Contractors who receive tax/State money can still hire illegal workers until July, 2009 (IF SB 81 isn’t tampered with next year).

Fugitive Job Protection

South Salt Lake’s Most Wanted has been captured. As I’ve stated on numerous occasions, illegal immigrants are not the only one’s who steal social security numbers and engage in identity theft for work. Fugitives do so as well. Yet another example:

Police say Barnes got a job using a family member’s identity. She is also accused of other identity theft crimes and has more than $200,000 in warrants.

The Legislature finally passed a bill that begins to deal with requiring employers to verify the ID of those they hire using the free SSA-ICE E-Verify program. However, that bill was limited to businesses who contract with the State and was delayed until 2009 by pressure from Salt Lake Chamber of Commerce and the illegal immigrant (including businesses using that labor) lobby. Several other states (such as Arizona, Oklahoma, and Colorado) require verification by all employers. There is also the possibility that Governor Huntsman may veto the bill and that the legislature will gut the bill in the 2009 session.   At least, contacting Huntsman’s office (801-538-1000) and asking that he sign SB 81 would be a good idea.

In the meantime, fugitives, deadbeat parents, illegal immigrants etc. can comfort themselves that Utah will remain a friendly state for them to find work by victimizing someone else’s identity (especially children, as they are the prime target of ID thieves).

Illegal Immigrant Child Sex and ID Theft

This will be quick.  An illegal immigrant has been arrested sexual abuse of a 14 year old.  I heard about this on radio news and found an article at Deseret News.    I understand that he has had an immigration hold placed on him and ICE is involved.

Here is a snippet:

A 22-year-old Provo man is being held in the Utah County Jail while the police investigate his alleged involvement in harboring a 14-year-old female runaway, having unlawful sex with her, supplying her with alcohol, possession of forged writings and identity theft.

…police found two resident identification cards as well as two Social Security cards. The numbers on the cards were linked to people other than the man..

As usual, identity theft is involved.   However, identity thieves don’t have much to worry about when it comes to finding work in Utah.  The Senate bill  (SB 81) that begins to deal with identity theft use in employment was delayed until 2009 and may be vetoed by Governor Huntsman or gutted by legislators after re-election.   Additionally, SB 81 is very limited as it would only effect businesses that contract with the State (all other businesses are still free to hire all stripes of identity thieves, including illegal immigrants).  For more on SB 81 click here, ID theft post can be found here and all posts on illegal immigration can be found here.

Finally, this story also turned up:

Police say the man, who was living in Santaquin, helped his 15-year-old girlfriend [conception occurred when she was 14] run away to Mexico while she was pregnant with their child.

…the two were taken into custody by U.S. Customs agents at the border near Yuma, Ariz. The girl was reunited with her parents and he was held in Arizona until his arrival in Utah…

I assume they involve the same person.

2008 Legislative Wrapup (my picks)

SB 81 - Illegal Immigration, made it through and is on the Governor’s desk. I called the Governor’s office this morning and a asked if Governor Huntsman had taken a position on the bill. The staffer was a bit wishy washy but stated that the Governor did indicate that he would sign the bill. Nevertheless, it is still advisable to contact his office (801-538-1000) and ask that he sign the bill. It is also extremely advisable to keep an eye on the implementation of this bill over the next year as the legislature delayed it’s implementation until mid-2009. This gives them the opportunity to tout that they’ve address the illegal immigration issue during this election year and, after re-election, turn around and gut the bill in the 2009 session. The need for vigilance on this bill can not be overemphasized.

Some illegal immigrant activists are already screeching “racism” to try to derail the bill (whether it be by Governor Huntsman on the 2009 Legislature). Gotta love that way overplayed ‘race card’. As usual, when all else fails, go for the race baiting personal attacks. In the meantime, Utah will remain a gateway State for illegal immigrants and various identity thieves.

HB 241 didn’t make it. It would have required illegal immigrants receiving in-state tuition benefits not to engage in identity theft to get a job. Apparently, that is asking too much. Compassion seems one-sided again: care for the ID thieves while ignoring the victims. Additionally, illegal immigrants get to keep their taxpayer funded driver privileges as well.

The nanny state prevailed in HB 140. Parents are, obviously, way too incompetent to decide what is best for their children so the State needs to take over. I can’t wait until the day that we have mandatory home inspections/searches for smoke and CO detectors. You may call the Governor and ask for a veto but I wouldn’t hold my breath on Huntsman - he’s big in social programs etc (even if it uses your money).

Kudos to the legislature for killing a pro-gun bill which was turned into a gun control bill by Representative Urquhart (R-St. George).

The legislature took the tax surplus (tax overpayment) and used it on various programs. That includes a teacher salary increase which, unfortunately, is not weighted based on teacher performance (they all get the same no matter how good or bad they do). We’ll see how much of it actually makes it to classroom teachers vs. what is siphoned off to District administrators. The use of the overpayment without any return to those paying it (taxpayers) is not surprising, based on Huntsman and Legislators indications, at the beginning of the session, that taxpayers got enough last year.

Finally, Senator Hatch et al. have ’seen the light’ on illegal immigration and have requested more ICE officers for Utah. Of course, they timed this at the end of the legislative session when no action could be taken (or legislation influenced). Smells of political gaming to me. If their serious and we actually see the officers here, it might be a step forward but we’ll see if this isn’t just election year footsie.

HB 241 - Illegal Immigrant In State Tuition (Action Needed)

Here’s another bill worth calling the House Leadership about.

First, HB241 (Repeal of Exemptions from Nonresident Tuition) will, actually, NOT repeal in-state tuition for illegal immigrants. However, it would require them to sign an affidavit stating they will not gain employment or earn income while they are in school unless approved by the US Government (ie the US grants legal status).

The reason for this is that those who get a job must use a stolen Social Security Number and commit several felonies (falsified identity, government documents etc). The bill attempts to address the ‘compassion’ issue by allowing them to get in-state tuition but also prohibits beneficiaries from victimizing others by stealing their identity in order to gain illegal employment.

Action

The House must ask the Senate to vote on this bill. Call 801-538-1029 and ask to leave a message for Representatives Greg Curtis, David Clark, and Gordon Snow.

Ask that they, as House leadership, request that the Senate address and support HB 241 (specifically Senator Dayton’s substitute).

You may also email each member: gcurtis@utah.gov (Speaker), dclark@utah.gov (Majority Leader), and gsnow@utah.gov (Majority Whip).

I still don’t consider the bill to address the fairness issue but it is a step forward as it, at least, addresses the identity theft issue.

SB 81: Baby Steps and Extreme Vigilance

SB81 has been passed, BUT there is still work to be done.

First, contact Governor Huntsman (801-538-1000) and strongly, but politely, ask him to sign the bill. It is also worth asking what position the Governor has taken on this bill.

For more background see: Help With SB 81 - Illegal Immigration and SB 81 - Illegal Immigration - Update

Second - contrary to news reports, who consistently get it wrong, the bill only affects businesses that contract with the state (not business, in general). Hence the baby steps to identity theft protection (see the “Help with SB 81″ post for links on this issue too).

Next, the bill may be good once it goes into effect. However, an amendment delayed implementation until July, 2009 (again, baby steps). That means criminal illegal immigrants will be released onto our streets (via parole, end of sentence, etc) and be allowed to earn tax money and public benefits while they and other ID thieves continue to use stolen children’s identities.

In addition, since Senator Jenkins and his group were successful in delaying implementation until 2009, his task force (SB 97) will be able to issue their report before the provisions go into effect. However, I have a sneaking suspicion that the task force is not much more than a mask for a study in excuses and spin to, ultimately, kill implementation of SB 81. The legislature may do so next session (2009). Hence the need for extreme vigilance, especially during the 2009 session to ensure that reforms are not spiked. This is even more important as 2009 (unlike this year) is not an election year.

Basically, they can pass SB 81 this year to cover their political butts during an election year only to rescind or gut the measures (thereby pleasing Chamber of Commerce, big business, and other lobbyists) after re-election. It would be a classic Machiavellian-style maneuver.

Continued vigilance over the next full year is crucial.

Finally, it is also worth observing that Representative McIff was able to put a provision in the bill to allow transporting illegal immigrants less that 100 miles (excluding that from ‘human trafficking’ provisions) in an, apparent, effort to appease groups who knowingly use illegal immigrant labor.

SB 81 - Illegal Immigration - Update

This will be fairly short. SB 81 easily passed the Senate yesterday (click here for Senator’s votes).

However, Sen. Jenkins amendment succeeded on voice vote (ie no record of who voted for it). The amendment delays provisions until July 1, 2009. This gives legislators etc another year (and session) to spin reasons not to take action and, possibly, spike this bill in the next session.

Provisions affected by this include:

1. State and local governments will not have to verify employment eligibility for another year. Apparently, we need to wait another year for even the government to check if a prospective employee is using a stolen identity. Note: the provision requiring state contractors to verify eligibility was already set to 2009 by the bill sponsor.

2. Criminal illegal immigrants booked into prison will not have their status checked and be turned over to ICE until 2009. That means they can/will still be turned back out onto our streets.

3. You can lay-off a legal worker and replace that worker with an illegal worker with no State consequences until mid 2009.

4. Illegal immigrants can continue to receive taxpayer funded public benefits until mid 2009.

For the full list of affected measures go to the bill text and read the ‘Highlighted Provisions’ section (lines 11 through 63). Note: the link is to the original bill, prior to amendment (the amended bill text is still unavailable).

In terms of the voice vote, I understand that Senators Jenkins, Stephenson, and Killpack joined with Democrats in delaying implementation. However, they are not the only Republicans that did so. I will try to get a full list. In the meantime, contact your Senator and ask how they voted on the Jenkins amendment (feel free to let me know their response).

So on to the House we go. Again, contact (801-538-1029) your Representative (Rep lookup) and ask them to support this bill and that the only acceptable amendment would be to strike Senator Jenkins amendment unnecessarily delaying implementation off until July, 2009.

Depending how things fair in the House, soon you will also want to contact Governor Huntsmanb (801-538-1000) who’s administration is poor on this subject.

Finally, for further background on this bill please see Help With SB 81 - Illegal Immigration.

Help With SB 81 - Illegal Immigration

SB 81 is coming up for a final vote (likely today). The bill still includes a provision on employment eligibility verification (via SSA-ICE E-Verify) but the opposition is trying to take out this provision. I’m going to provide some background first:

First, it is noteworthy that the E-Verify provision in the bill only applies to the State and businesses contracting to provide goods/services to the State. The provision would only protect your tax money from going to identity thieves (including illegal immigrants). Although, this provision has very limited applicability and only applies to tax money, it appears to be the biggest target of opposing groups.

Here’s what SB 81 will do:

1. Terminate driver priviledge cards for illegal immigrants
2. Allow police agencies to enter ICE’s 287(g) program
3. Initiate a limited employment eligibility verification program
a) This is limited as it solely applies to the State and it’s contractors (the majority of business is NOT included)
b) If the State or it’s contractor get a new hire, they must use SSA/ICE’s E-Verify to assure that the potential hire is legally able to work in the United States and is not using a stolen Social Security Number (SSN identity theft).

Who would use a stolen SSN for work (and why the provision applies to much more than illegal immigrants)?

1. Illegal immigrants (click here for a brief explanation of why this is the case)
2. Fugitives (such as the King of Child Porn)
3. Deatbeat moms and dads (seeking to avoid court ordered wage garnishment etc)
4. Miscellaneous identity thieves (wish to hide the identity for other reasons)

It is also worth noting that those using a false SSN commit several felonies (document fraud, falsifying and I-9 form etc) AND they typically target children’s identities, in particular.

So why the opposition?

Bluntly put, it makes it harder for State contractors, who want your tax money, to outbid ethical employers by hiring cheap, illegal labor - thereby helping cut costs and provide a lower bid. Additionally, this provision also makes unsrupulous companies who hire various illegal labor, nervous. They don’t want the provision to gain traction and, one day, be extended to all - this is the case in Arizona and Oklahoma. They want to “nip this in the bud”. However, such practices have the end result of exploiting children’s and our identities (see the videos below for real world examples).

Further, illegal immigrant supporters don’t want them hindered from obtaining employment. They don’t appear to have any qualms with the identity theft and felonies committed in getting the jobs.

The opponents strategy seems focused on arguing that this is a Federal issue and will handle it (the Fed will NOT be doing anything about it), that we should just study this for another year (put it in the study bill and effectively kill any/all proposed reforms), and the perennial last result is to call people racists. Lobbyists are hard at work to kill this and the only thing keeping it alive is the larger than expected citizen demand (and expectation) that the Legislature take on illegal immigration reform.

What action is needed?

Continue to exert pressure on Senators and Representatives:

1. Call the Sponsor and Senate Leadership politely stating that you want them to support SB81 as it stands without further amendment and expect action (amendments are out there to kill the aforementioned verification provision):

Senate Operator (801)538-1035
Sponsor - Senator Hickman (email)
Senate President - Senator Valenite (email)
Majority Leader - Senator Bramble (email)

It is also worth politely contacting Senator Jenkins (sponsor of the ’study bill’) who’s indicated support of SB81.

2. Call your Representative. State House Operator: (801)538-1029

3. Call Governor Huntsman - he’s not very good on this subject. (801)538-1000

Videos: