Count The Amnesties Game (Illegal Aliens and Businesses get Felony Amnesty)

UPDATE: See also, the more recent Immigration Act’s Unacceptable Flaws (with suggested fixes)

This is getting much closer to confirmation of what I had blogged about:

National Review has a PDF version of the new immigration bill (draft, May 18, 2007).

CitizensForTaxFairness.org (they also have some good stuff on identity theft) linked to yours truly in one of their posts and has made up a game for us all to play. I’ve also included a few answers they/others have found (excerpts with emphasis added):

HOW TO PLAY:

Take the Senate’s comprehensive immigration reform bill once its available, read through the hundreds of pages and see how many amnesties you can find. For example, amnesty from document fraud or amnesty from identity theft, etc.

Send your answers to: Info@CitizensForTaxFairness.org

Click here to see the amnesties found in the Senate bill.

Here are the amnesties listed at this time (see, also, their results page – likely better updated than this post):

1. Amnesty from all back taxes. Illegal aliens who have evaded taxes are given full and total amnesty from all back taxes at the insistence of the Bush Administration.

2. Amnesty from document fraud and identity theft for the millions of illegal aliens who routinely use fraudulent documents to obtain jobs and other benefits but who have not been convicted of these felonies.Section 604 of the act specifically prohibits government employees from reporting crimes disclosed in an illegal alien’s application for adjustment of status or in any of the supporting documents to law enforcement or to the victims of identity theft. Should federal government employees report document fraud, identity theft and other felonies, they are subject to a $10,000 fine. This is pure and simply total amnesty for criminal illegal aliens who have committed multiple felonies. The act offers no justice for the American citizen victims of these crimes and leaves them to recover their identities and credit histories at the cost of hundreds of hours of work and thousands of dollars.

3. Amnesty from illegal entry into the United States that allows all 12 to 20 million illegal aliens to remain in the United States with probationary legal status in violation of the rule of law. In addition, it prohibits anyone from being deported between the time the law is enacted and the time they file their paperwork. This permits them to continue to use their fraudulent documents and stolen identities with impunity until such time as they are given new documents by the U.S. government.

4. Amnesty for businesses who have violated federal tax law – Section 605. Any business that didn’t pay taxes associated with the employment of illegal aliens has the slate wiped clean. Employers who violate tax laws while hiring authorized workers receive no such amnesty.

5. Amnesty for businesses that have hired illegal aliens in violation of current law – Section 605. Businesses that have accepted fraudulent documents, stolen identities including those of hundreds of thousands or possibly even millions of American children, and who have paid substandard wages are granted total amnesty.

This appears to have been interpreted from the draft bill but I doubt much will substantively change.

Right now the bill would be a step backwards for victims. The identity thieves and businesses get amnesty. I assume that means a victim could NOT sue the business or thief for trashing their identity and/or credit because no crime would have been committed (amnesty would cover it). Better yet, if someone dares let you know that your or your child’s identity was compromised, they face a $10K fine!

You wouldn’t even be given the courtesy to know you may have some cleaning up to do on your identity. You would be left to figure it out on your own which may take years (especially in the case of children) to realize you were victimized.

In the meantime, thieves and businesses are free to use little Cindy’s SSN with no worries.

Finally, HotAir also has a post up about the the administration’s insistence on tax amnesty (even Teddy Kennedy wasn’t going to give them that).

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5 thoughts on “Count The Amnesties Game (Illegal Aliens and Businesses get Felony Amnesty)

  1. I’ve read Section 604, and see nothing prohibiting employers from reporting identity theft. Even under your reading, the provision applies only to the z application, not to any other alleged identity theft. I’ve also read section 605, and don’t see anything in it immunizing identity thiefs (vs. employers, typical gift to their business buddies). If you can point me to the specific language you have in mind, I’ll take another look.

  2. I think too that we should define what amnesty is. Amnesty is anything that the government does to waive penalties, or consequences. For example if I get a traffic ticket. Anything less than a fine would be an ‘amnesty’. If I get paid by the government because I got a traffic ticket, then that is an amnesty and then some.

  3. Sorry for the delayed response.

    Edit/update – Id theft amnesty summary:

    They are granted amnesty as the government entirely relinquishes its right to take legal action on the theft when it is fully aware of it. When taxes and W2 forms are submitted, the government will 100% know that identity fraud occurred (they see the SSN etc that the illegal immigrant used on the submitted documents). The bill prohibits proactive legal legal action and specifically will NOT provide the documents as evidence to victims (under penalty of a fine), the bill also restricts access to law enforcement by limiting release to ongoing criminal investigations (civil investigations have absolutely no access). Businesses who have hired illegal immigrants have not informed victims, nor will they after this bill is passed. Basically, victims are left on their own to discover their (or their children’s) identities have been compromised and potential evidence of the theft is further restricted by this bill. Lastly, Z visa recipients who obviously used a false or stolen identity (SSN) are then rewarded with a new SSN number of their own (see section 606). Remember, too, id fraud is a felony and the bill requires the government to look the other way, impede victims, and reward those perpetuating the fraud with a legitimate identity. Details follow:

    604 does not prohibit employers from reporting ID Theft. The article states that government employees are prohibited from doing so. That is correct (see 604(a)). This subsection only allows them to use the information for determination of z visa eligibility etc.

    604(c) does allow release of information to law enforcement but only “in connection with a criminal investigation or prosecution or a national security investigation or prosecution”. This indicates that law enforcement must be the initiator of the action (ie they can not be tipped off to investigate by those in 604(a)). Additionally, 604(a) would also prevent law enforcement from informing victims (or face the find in 604(g)).

    Essentially, it will shelter id thieves from having information disclosed to their victims. The only way they will be held accountable is if the breach is found by some other means and an investigation is launched by law enforcement where records are requested under 604(c). Additionally, 604(c) only applies to criminal proceedings. There is no way to access the information for a civil proceedings.

    The result is a strong defacto amnesty. Law enforcement will not have the time/funding to request documents under 604(c) to fish for possible identity thieves. As a matter of fact, 604(c) appears to limit disclosure to ongoing investigations – it would not allow disclosure to an agency that wants to check for potential violations – ie not an active investigation with no prima facie evidence.

    While employers are given significant protection in 605(a), they may be allowed to release documents to victims (which can not pursue legal action against the employer). Further, employers will not release those records to the public as, regardless of the amnesty, there is no way a legal dept would allow them to potentially expose themselves to a whiff of legal action nor would they want to instigate a potential PR nightmare.

    Further, once employers release, the documents to the feds for z visa review, documents may be brought under the protection afforded in 604(a), which would shield a good source of evidence in a civil proceeding.

  4. Pingback: The Immigration Analysis Consolidated (Update) « Utah Rattler

  5. Voice of Utah –

    Mea culpa:

    Law enforcement MAY have access to the records. Access is, however, entirely dependent upon the Secretary of Homeland Security allowing access and the form of access that will take:

    604(a)(3) states:
    “permit anyone other than the officers, employees or contractors of such agency, bureau, or approved entity, as approved by the Secretary of Homeland Security, to examine individual applications that have been filed.”

    Again, if the DHS Secretary doesn’t specifically give access to the specific law enforcement agency, they will have zero access to the records. Also, the Secretary would determine that access – ie force the agency to come look at hard copy in Washington DC (totally unfeasible) vs sort applications by state and sent electronic versions to the interested agency(s).

    This is a slight improvement, but isn’t satisfactory, as far as I’m concerned. The section would still prevent victims from being notified (also unacceptable).

    I tried to address this in my latest post on the subject.

    Sorry for the initial misread of the section.

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