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Illegal Immigrant Arrested After She Applied for a Job

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A hospital applicant, Maria Martinez, was arrested, jailed, and deported after she applied for a cafeteria position with a suburban Dallas hospital.

To the hospital’s defense, Martinez used fraudulent social security numbers, however, her relatives are wondering if the hospital was too aggressive.

As the immigration raids continue to take place around the United States, Martinez’s case raises questions of protocol. What should employers do if they discover an applicant is not authorized to work in the United States?

A spokeswoman from the Timothy Medical Center said the center was following protocol and notes that they need to follow up to ensure it is not a case of stolen identity.

According to immigration attorneys, employers do not need to report employees if they discover they are not allowed to work in the United States.

“For an employer to go ahead and take it upon themselves . . . to report that is unusual. There's no obligation on my part to go call law enforcement,” said immigration attorney Kathleen Walker.

According to U.S. Immigration and Customs Enforcement spokesman Carl Rusnok, “Employers and local police typically don't have the training needed to determine whether someone is in the country illegally.”

The Mayor of Carrollton has publicly expressed he wants to rid the city of illegal immigrants. A failed attempt by the neighboring suburb of Farmers Ranch attempted to make it illegal for landlords to rent houses or apartments to tenants who do not show proof of citizenship.

The Martinez case, as interpreted by hospital spokeswoman Susan Watson, reported what it thought was a crime.

“Regardless of whether they were an illegal alien, legal immigrant or an American citizen, it still wouldn't have mattered. They still would have been reported,” said Watson.

According to Watson, it was the first case in a long time, and the hospital is committed to the safety of patient files. Hospital officials are always on alert because of the open access to patient information.

Immigration advocates believe the populous is becoming overly cautious and concerned.

“When people are being prescreened before a decision to hire is being made, then you could have exposure to discrimination charges,” said Walker.

There have been more workplace raids by immigration officials which have led to prosecution on identity theft and fraud charges. Officials note these raids are based on federal investigations, not tips from employers.

“I think employers are beginning to feel the pinch and in many cases I think they are trying not only to be sort of extra cautious but . . . to be pre-emptive. What's troubling is that employers have taken it upon themselves the job of ascertaining whether a crime has been committed,” said Muzaffar Chishti, director of the Migration Policy Institute.

According to local authorities, Martinez, a single mother of a 3-year-old, said she bought the social security card at a Wal-Mart store for $110. She also had additional counterfeit cards stating she was a legal resident of the United States.

After being jailed for three weeks, Martinez agreed to be deported back to Mexico with her son.

“She told me she wasn't strong enough to fight,” said Martinez’s 19-year-old daughter.

Comments

#1 | Brittanicus on September 01 2008 16:24:06

The law states, according to the (1986) Immigration Control act. Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A): they broke Federal law. It states, "..a person (including a group of persons, business, organization, or local government) The Quote, " however, her relatives are wondering if the hospital was too aggressive. " Nothing to do with aggressiveness? Maria Martinez was in violation of the 'Rule of Law' and simply being in America, meant arrest and deportation. THE AMERICAN PEOPLE must observe all the laws written and the majority do? It's absolutely ludicrous that anybody can violate this nations sovereignty and expect no consequences? We need to enact the Federal SAVE ACT (H.R.4088) and stop once-and-all this travesty by our government. Read the unsuppressed facts about OVERPOPULATION AND THE IMMIGRATION INVASION.

#2 | MplsVala on September 01 2008 23:20:40

To the hospital’s defense, Martinez used fraudulent social security numbers, however, her relatives are wondering if the hospital was too aggressive.

What? Do they think that everyone should politely ignore the stolen social security number thing and just let her continue to look for employment until she finds it? Employers doing their part is vital to enforcing the laws we have on this. Until we actually enforce them, how can we tell if they are adequate?

#3 | pjamerican on September 02 2008 13:25:23

Illegal aliens do not have the right to work in this Country. This illegal alien applied for an American job and was reported for breaking the law. We all need to report illegal aliens when they break the law.
Brittanicus is right! Title 8, Section 274 of the Immigration and Nationality Act makes it illegal to employ, transport, harbor and encourage or assist an illegal alien in employment. The hospital did the right thing. For more good information go to NumberUSA.com and cairco.org

#4 | rwahrens on September 03 2008 07:25:45

Agreed, pj.

Also, that neighboring city that tried to stop landlords from renting to illegal aliens? That was Farmers Branch. Not Farmers Ranch! (I used to live in a nearby city.)

#5 | jasonla on December 24 2008 09:44:25

I don't think there's a problem with this business owners can decide for them selves if they want to turn the person down or call the police. It would be nice if more use e verify to screen people applying for jobs.