Intentity Theft Cases May Go To Supreme Court

Monday, Oct 20th, the Supreme Court will decide whether or not to accept an appeal on one of two identity theft cases in Iowa brought against undocumented aliens. Those rounded up in the Postville raid were given a choice -- either plea guilty to a lesser charge and serve five months in prison and then be deported or face full prosecution on identity theft and be liable to two years in prison. The issue the two cases that might go before the Supreme Court is whether the government has a greater burden to prove that the accused knowingly used another person's identity. For the most part, they didn't. Yet a district federal court and an appeals court found for the government did not. This is the issue the Supreme Court might take up. There are serious consequences if the higher court reverses the decision. ICE and federal attorneys would not be able to use identity theft as a tool to fight illegal immigration. Just the possibility of prosecution intimidated many rounded up at Postville.(See Washington Post article.)