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U.S. Supreme Court Agrees to Hear Case that Could Land Many Immigrants Already Working in the U.S. in Jail

MIGRANTS ALREADY WORKING IN THE U.S. IN JAIL

For many immigrants, living and working in the U.S. is more of a dream than a reality. But for others who aren’t willing to let their undocumented status stand in their way of coming to the U.S. seeking a safe environment that provides endless opportunities, they take the risk and hope they won’t get caught by immigration officials.

Aside from the lack of knowledge and/or legal help, U.S. Citizenship and Immigration Services (USCIS) makes it difficult for foreign nationals to obtain the documents that would allow them to legally reside in the U.S. With the odds against immigrants seeking a better way of life, many find themselves faced with two options when trying to live and work in the U.S. According to Slate, those two options are as follows: (1) work “odd” jobs that pay cash which sometimes means they won’t get paid at all or paid such a little amount it isn’t enough to feed their family, or (2) use someone else’s social security number on their I-9 form, in most cases after receiving consent to do so, so that they can obtain a job that pays more but does require that they have legal status.

These are the circumstances “Manny,” whose real name has been withheld for confidentially purposes, and Ramiro Garcia were faced with and both chose to use a social security number that didn’t belong to them to retain a job that didn’t pay them under the table.

While most perceive this to be a criminal offense that carries serious penalties, the truth is, the information recorded on the I-9 form cannot be used to incriminate an individual in certain states. It is because of this that Ramiro Garcia filed an appeal with the Supreme Court of Kansas after he was arrested and convicted for working as a line cook illegally after using someone else’s social security number to fill out his I-9 form. Garcia’s conviction was reversed but now, the State of Kansas appealed the state Supreme Court’s decision to the U.S. Supreme Court, which has agreed to hear the case. If the U.S. Supreme Court rules in favor of the state, it could put many illegal immigrants in hot water, and in jail, if they provided false information on their I-9 form.

Immigrants, whether they are documented or undocumented, contribute to the economy.

Although there has been much debate surrounding how illegal immigrants affect the workforce, many would agree that those working without a green card or visa help boost the economy rather than negatively impact it. Because many of these individuals who have been using a friend or relative’s social security number to work have taxes taken out, they are paying for things like schools, law enforcement, and other government jobs. The source also pointed out that according to Pew Research, “unauthorized immigrants make up more than 10% of the workforce for industries such as agriculture, food manufacturing, and construction,” which are some of the toughest jobs that even Americans themselves would rather not do.

Don’t put your freedom at risk of being taken away.

If you or someone you know lives in Newark or a neighboring city in New Jersey and haven’t yet obtained the documentation needed to live or work in the U.S. legally, you are encouraged to contact Newark, NJ immigration attorney Eric M. Mark as soon as possible. In the event you have already received your green card or visa and it is set to expire, let The Law Office of Eric M. Mark help you file the paperwork to get it renewed.