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.

Stealth Amnesty Provision in War Funding Bill (Action Alert)(Sen. Bennett Upate)

Senators Diane Feinsteing (D-CA) and Larry “Wide Stance” Craig (R-ID) have shoved in an amendment to the Iraq War Supplemental Funding Bill while it was going through the Senate Appropriations Committee (and largely out of public view).

The amendment is set go provide amnesty to illegal immigrant farm workers. Here are some of the detailes provided by John Wallace (emphasis added):

Knowing that the war funding bill is desperately needed to support our troops in battle overseas, the outrageous amnesty plan was covertly attached by Senator Feinstein hoping that no one would notice. If it passes the full Senate next week, this would open the door for even larger waves of illegal immigration in the future! Here’s what the rider calls for:

1. Granting a 3-year work visa to illegal aliens followed by a permanent green card for those who have been working as shepherds, goat and dairy herders.
2. Grant a 5-year work visa to the estimated 1.3 million illegal aliens working in other agricultural jobs – plus all of their family members [this would add up to millions more]. The legislation doesn’t state what happens after 5 years.
3. Grant a tripling of the maximum number of H-2B Visas for lower skilled, non-agricultural seasonal workers.
4. Grant industries an extra 218,000 additional green cards for skilled foreign workers.

As you can tell, the provisions are directly related to war funding…or not. This is yet another example of the amnesty politicians trying to get it slid passed while no one is watching. Additionally, I understand that all you need to qualify is to work only 22 weeks (5 months) out of four years! This will also grant them amnesty from any identity theft they have engaged in.

While Mr. Wallace missed Craig’s involvement it came out later that he was the amendment’s co-sponsor. Michelle Malkin also picked up on the amnesty sneak and her latest post (with background links) on the issue can be found here: Amnesty alert:Tracking the Feinstein/Craig illegal alien farmworker amendment.

ACTION Alert

Call your Senators now! Click here for a contact list (Capitol switchboard: 202-224-3121). For those of us in Utah here are our Senators:

Senator Bennett (202-224-5444 or Utah Offices )

Senator Hatch (202-224-5251 or Utah offices)

Politely, but firmly, ask them to OPPOSE any back door amnesty in the war funding bill AND any other amendments unrelated to the bill.

You may also wish to ask their staffer if the Senator has taken a position on the amendment.

UPDATE: Senator Bennett needs lots of calls. He sits on the Senate Appropriations Committee and voted FOR the amendment in committee. Flood him with calls (polite but firm) to drop the amendment. Don’t forget, Bennett also effectively voted for last year’s amnesty debacle.

I also have a sneaking suspicion that Hatch (he hasn’t taken a position on the amendment, yet) has only taken a tougher stand on these issues because of the election year (he’s been weak on this in the past).

Some Action on Criminal Illegal Immigrants

I recently noted that criminal illegal aliens in our prisons have access to tax funded programs including a GED which then gives some of them access to the in-state tuition benefit at our Universities.

It looks like ICE is going to make it harder for them to use that benefit IF the ICE prison sweeps continue. The SL Trib has a report on the enforcement program (Immigration cops comb jails for criminal suspects in country illegally).

Along the Wasatch Front and in southwest Utah, immigration agents visit jails almost every weekday looking for immigrants who have been arrested by local police. And the patrols are gaining new emphasis.

In March, immigration agents announced an expansion of the jail program, including improved technology to record fingerprints in a database and alert authorities when a previously arrested immigrant is again booked into a jail.

The jail patrols also demonstrate a priority for immigration enforcement. Rather than seeking every undocumented immigrant or making frequent raids at workplaces, federal agents are concentrating on immigrants accused of breaking the law after they arrive in the United States.

The article also has a UC Davis professor who doesn’t like the ICE sweeps give the obligatory “immigrants commit fewer crimes than the native-born population” quote. Of course, that statistic includes (or is exclusively related to) legal immigrants. The professor also seems to fail to comprehend that illegal immigrants have committed at least one crime (illegal entry or violating visa requirements) and likely, have a few more under their belt related to identity fraud if they happened to have a job or applied for a job in the US.

While ICE deporting those who have committed additional crimes is good, we still have a porous border where many can reenter (such as Mr. Escudero-Gonzalez, convicted of drunk driving and drug possession, who is highlighted in the article), if they so desire and, potentially, qualify for in-state tuition.

Finally, an information request (again): If anyone knows of any written rule on how high school attendance is verified by Universities for illegal immigrants applying for the in-state tuition benefit, please pass it along. While I’ve been told that they look at high school transcripts, I still can not find any written policy requiring the verification. If left solely to the State Code (which appears to leave verification to the administrator’s discression), a simple verbal “yes, I attended a Utah High School” could suffice for proof of meeting the requirement.

Criminal Illegal Immigrant Education (Update)

Apparently, we are helping to pay for criminal illegal alien education programs. The Davis County Clipper had an article on April 10, 2008, entitled “Jail inmates offered education programs” (not available on the web). The article notes three programs in place for the inmates: GED certificate (General Education Development, ie ‘High School diploma’), ESOL (English for Speakers of Other Languages), and ABE (Adult Basic Education - literacy education).

The programs are administered by the Utah State Office of Education. I found the programs are under the Adult Education department (more information is available at the link).

There are no disqualifications (involving legal residency) for participation in the programs. I understand that the ESOL program is volunteer driven and that no residency criteria is required for the use of Federal (tax) funds. However, all programs are open to those who are here illegally and have engaged in criminal activity.

We have the pleasure of paying for these programs via our tax dollars. At least, only those legally here should have access, but that is not the case.

Further, I would hope that obtaining the GED will not, then, entitle a criminal illegal immigrant who has resided in the state for three years to qualify for our in-state tuition. If so, what a deal: enter illegally (butting in front of those in legal immigration lines), commit a crime, get a taxpayer funded education and then be rewarded with discounted tuition at one of our universities (while legal immigrants and US citizens without criminal records pay the nonresident rate). Good grief.

Your tax dollars at work.

UPDATE:  While I’m still looking for the written administrative rule addressing in-state tuition HS attendance documentation, I am told that High School transcripts are required.  That only partially solves the problem, however (criminals illegal aliens still get tax-funded education and certain criminals will still qualify for the tuition benefit).  See comment 6 for details (and the rest of the comments for background).

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).

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.