The federal identity theft law has been used as a tool against illegal immigration in recent years, in contradiction to the legislation's intention. The anti-identity theft law was established in order to put an end to fraud in which stolen personal data is utilized. When an undocumented immigrant uses a social security number without knowing it belongs to another individual – it is not a case of identity theft, the Supreme Court decided, nor when a made up social security number turns out to belong to somebody else.
Such interpretation of the law saves thousands of immigrants who have been caught using fake Social Security numbers from the prospect of spending two years in prison, which is the minimum sentence for identity theft. Nevertheless, it does not mean that undocumented immigrants will escape punishment for using false documents or that they will avoid deportation.
The Supreme Court decision eliminates the possibility of using the current law to penalize the illegal immigration itself as a criminal offense. It is a positive development. Let's face it; fear of severe punishment for a felony has pushed thousands of people to the margins of society. The prospect of spending years in jail or being deported caused hundreds of thousands people unnecessary stress. The announcement of a loosening of immigration policy brings hope for reform, and makes the life of undocumented immigrants easier.
The so called "papers," which allow for legal employment, are forged in the United States on a massive scale. Statistics indicate that one in 20 workers lives and works in the United States illegally. In order to be put on the payroll, most of them had to produce documents proving their right to work in this country. This shows the magnitude of the phenomenon in the world's greatest economy.
The Supreme Court decision or the administration's action will not dampen this phenomenon, but it does provide proof that the presence of 12 million of illegal immigrants living in the United States calls for a comprehensive immigration reform. Recent promises by the White House allow for moderate optimism in this matter.
