ID Theft Inquiry in Colorado Halted

Thank goodness a judge in Colorado has some sense...

see dreamacttexas post "Greeley CO:  Undocumented Immigrants, Pay your Taxes and Get Deported," February 2, 2009

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Judge Puts Halt to ID Theft Inquiry Focusing on Immigrants

By DAN FROSCH

New York Times
Published: March 11, 2009

DENVER — An identify theft investigation in northern Colorado that has implicated more than 1,000 people suspected of being illegal immigrants has now been halted by a judge until he decides whether tactics used by the authorities were legal.

The judge, James H. Hiatt of State District Court, ordered Weld County officials on Tuesday to hand over documents seized during a search of a tax preparer’s office last October. Sheriff’s investigators and the local district attorney have been using the tax documents as the basis for arrests on charges involving fraudulent Social Security numbers, commonly presented by illegal immigrants to get work.

Judge Hiatt’s ruling came in a lawsuit filed by the American Civil Liberties Union of Colorado against Weld County’s district attorney, Kenneth R. Buck, and its sheriff, John Cooke, who together undertook the investigation.

The civil liberties union claims that the authorities violated the privacy rights of thousands of taxpayers when they seized the documents from the tax preparer, Amalia’s Translation and Tax Services, in Greeley.

Judge Hiatt is to decide next month whether the authorities acted legally. In the meantime, the ruling Tuesday “is certainly a sign that the judge understood our arguments regarding the right to privacy and the potential harm that flows from this massive and illegal fishing expedition,” said Mark Silverstein, legal director of the A.C.L.U. of Colorado.

Jennifer Finch, a spokeswoman for the district attorney’s office, said the judge’s temporary halt to the inquiry had been expected. “This case has brought up a variety of issues that need to be sorted out and decided on,” Ms. Finch said.. . more

Undocumented Immigrants Do Pay Taxes

From a recent Immigration Policy report:

"As the debate over illegal immigration continues to rage, some pundits and policymakers are claiming that unauthorized immigrants do not pay taxes and rely heavily on government benefits. Neither of these claims is borne out by the facts. Undocumented men have work force participation rates that are higher than other workers, and all undocumented immigrants are ineligible for most government services, but pay taxes as workers, consumers, and residents."

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A few weeks ago, a friend that I deeply respect told me that undocumented immigrants don't pay taxes because their pay is "mostly off the books." This is incorrect - a thorough explanation is given in the following report: http://www.ailf.org/ipc/factchecks/StateLocal07.pdf

In regards to the "off the books" - most Americans think of undocumented workers as the men who stand at the corner outside of Home Deport. Actually what people generally see is an extremely small percentage of the whole group.

The way it generally happens is: most undocumented workers get a regular pay check, withholding is taken out for social security and federal income tax. Companies have to take out withholding or be subject to heavy fines. For those undocumented workers who have certain skills (construction people, plumbers helpers, painter, landscapers etc.) they often perform small outside jobs (after hours) in which they get paid cash. But most of their income comes from their salaried jobs. And remember they do not benefit from anything withheld. When they reach 65, they cannot claim social security because it was not under their name. Their lost money goes into the big social security pot that the rest of us will enjoy later.

In Texas, everybody pays sales tax - citizen, resident, or undocumented - and - everyone pays real estate tax, even when they rent, because the monetary amount needs to include what the owner will pay on his/her property.