Jon Feere is the Legal Policy Analyst at the Center for Immigration Studies.
Excerpts:
For years advocates of amnesty and high levels of immigration have described the illegal alien population as one made up of "otherwise law-abiding" people who have committed no violation other than the simple act of crossing a border illegally or overstaying a visa.1 Journalists routinely invoke this language when writing about amnesty, conspicuously avoiding any discussion of the various crimes the average working illegal alien commits. Many politicians have also embraced the myth of the otherwise law-abiding illegal alien in an effort to promote amnesty, arguing that illegal aliens are no threat to the United States.2
But the average illegal alien violates numerous statutes, often creating real victims.
This [report] details the many statutes the average illegal alien who is simply "here to work" may be violating. The violations include laws involving the entry, presence, and travel of illegal aliens as well as laws related to employment such as perjury and identity theft. Examples of oft-violated but under-enforced laws include:
False Personation of a U.S. Citizen (18 U.S.C. § 911). Illegal aliens often present themselves as U.S. citizens, an act punishable by up to five years in jail, a felony. This law is often cited in immigration prosecutions and may involve, for example, an alien claiming U.S. citizenship to his employer.
Fraud and False Statements (18 U.S.C. § 1001). It is common for illegal aliens to make false statements to the government or on official documents. An illegal alien violates this law when claiming to be a U.S. citizen on an I-9 Employment Eligibility form and faces a fine and up to five years imprisonment.
Social Security Fraud (42 U.S.C. § 408). This statute has been invoked where an illegal alien provided a false Social Security number for the purpose of acquiring a job, where an illegal alien used a fraudulent Social Security number for the purpose of acquiring a driver's license, and when an illegal alien used a Social Security card belonging to a citizen in order to obtain Section 8 housing, for example. Violation of this statute can result in a fine and/or imprisonment up to five years. The court can also require violators to provide restitution to the victims.
This [report] does not address crimes of violence, property crimes like vandalism, or other acts like gang activity and drunk driving. The focus is on statutes that come into play when a person enters the country illegally or overstays a visa and becomes employed.
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The original application for the DACA amnesty did require applicants to list the Social Security numbers they had previously used; after amnesty advocates complained, the Obama administration removed the requirement, leaving the American victims — the true owners of the numbers — completely in the dark as to the crimes committed against them.11 Real victims have been created yet amnesty gives these violations a pass, putting the interests of the illegal alien before the interests of the U.S. citizen. This is a fact rarely addressed by amnesty advocates or journalists who perpetuate the myth of the otherwise law-abiding illegal alien.
It is important to remember that, ultimately, an amnesty is [Note: Unconstitutional and] a free pass not only for the basic immigration violations, but also a free pass for many other crimes committed during the alien's stay in the United States.
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Discussion
The statutes below are grouped into four different sections. Section I focuses on laws involving the entry, presence, and travel of illegal aliens. Section II focuses on laws employed illegal aliens may be violating, including identity theft laws. Section III lists additional document laws that illegal aliens often violate. Finally, Section IV lists miscellaneous laws and addresses the issue of state law.
While the list below may seem lengthy, it is only a sampling of the statutes an average illegal alien may be violating. It is not to be interpreted as a comprehensive list. ...
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