Federal law enforcement officials say they will continue enforcing immigration laws in the same way despite a recent U.S. Supreme Court ruling.
The court ruled that undocumented immigrants who have false papers may be charged with aggravated identity theft only if they know they are stealing the identity of an actual person.
Judges and attorneys have operated under that idea for the last couple of years, including the raids of the Swift & Co. meatpacking plant in Hyrum, said U.S. Attorney Brett Tolman. During the raids, Utah was one of the only states that did not go after immigrants who had false documents, but rather focused on the people who were selling the forged papers, he said.
“Some of it comes as a result of our district judges being up on top of this issue. That level of criminal intent needs to be there,” Tolman said.
Community activist Tony Yapias says most undocumented immigrants across the country have been deported for using false documents and charged with aggravated identity theft, and he wonders whether that's happened here.
“I question whether if what he [Tolman] is saying is fully accurate,” he said. “I know there have been families who have been prosecuted who didn't know if the Social Security numbers belonged to someone.”
The Supreme Court ruling won't affect SB81, Utah's new comprehensive immigration reform, which takes effect July 1.
“We don't prosecute under federal statute, and we don't have an aggravated identity theft charge,” said Kirk Torgensen, chief deputy attorney general. “The ruling doesn't impact us at all. It's completely federal.”
