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-   -   Undocumented immigrant with a valid state ID (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/1787722-undocumented-immigrant-valid-state-id.html)

SATTSO Sep 26, 2011 9:38 pm


Originally Posted by alexb133 (Post 17176626)
Then the individual in question would be questioned by CBP.

As far as the article the poster above mentioned, I totally agree with the quote "Specifically, a state or local government official or employee who provides any benefit or service to such a presenter possesses the criminal intent (mens rea) necessary for a felony indictment under Section 274 of the Immigration and Nationality Act"

No agency should accept that card. People can argue all day long, but there's nothing legal about being illegal.

Sadly, some state government agencies do accept this card, and some states allow this "identification" to be used to issue legitimate state identifications and drivers licenses (could be wrong here). Not even considering TSA, this is not good, as to get this card in Mexico you do not have to provide any proof of who you claim you are, simply pay a fee.

I agree with you, no agency should accept it, and if a TSA employee recognizes it, the person will be reported to a LEO.

alexb133 Sep 26, 2011 10:08 pm


Originally Posted by SATTSO (Post 17178879)
Sadly, some state government agencies do accept this card, and some states allow this "identification" to be used to issue legitimate state identifications and drivers licenses (could be wrong here). Not even considering TSA, this is not good, as to get this card in Mexico you do not have to provide any proof of who you claim you are, simply pay a fee.

I agree with you, no agency should accept it, and if a TSA employee recognizes it, the person will be reported to a LEO.

Well I'm sure states no longer accept this Mexican ID card as a basis of getting an American driver's licence or ID card. Mainly due to the REAL ID Act (but they used to in the past, which is just as bad).

Lol, I did some searching on google, have you seen this website? http://americanpatrol.com/REFERENCE/...arShamIDs.html

The FAQs are funny.. (and I wouldn't doubt that they're not at least half true)

Ari Sep 27, 2011 1:27 am


Originally Posted by alexb133 (Post 17176626)
As far as the article the poster above mentioned, I totally agree with the quote "Specifically, a state or local government official or employee who provides any benefit or service to such a presenter possesses the criminal intent (mens rea) necessary for a felony indictment under Section 274 of the Immigration and Nationality Act"

You may agree with it, and some organization might put it on their website, but that doesn't make it so.


Originally Posted by alexb133 (Post 17176626)
No agency should accept that card. People can argue all day long, but there's nothing legal about being illegal.

That doesn't make acceptance of the card a crime. The document is issued for legitimate diplomatic reasons.


Originally Posted by SATTSO (Post 17178856)
First, regarding your last comment, neither web-site is an "authority". One, I would argue, is more reliable than the other, but both neither are authorities. But I was in a rush for time, and it provided the information to convey what those identifications are. If you are really interested, you can actually find a web-site from our national Congress discussing that particular card, and I would say that site is an authority. But I did not want to spend the time looking for it, as what I needed was on those 2 sites.

Very well.


Originally Posted by SATTSO (Post 17178856)
Second, regarding your question, the call-in thing would be tricky for an illegal immigrant and perhaps end with a trip with some ICE agents. I would not suggest it. If someone is here illegally, the more questions they are asked, the more likely they are to get caught in a lie.

Exactly. Most unlawfully present aliens don't have credit records.


Originally Posted by SATTSO (Post 17178856)
If you remember, some time ago at SAT a student was taken away by ICE for trying to use the Matricula Consular Identification to gain entry through the TDC. He was and is currently a student at Harvard (it appeared Harvard knew he was illegal, but accepted him anyway). There was a thread about it here on FT. And nationally there was anger on both so-called sides of the issue. Eventually, our government decided he could stay, since his family brought him here illegally when he was a toddler or infant. But I am sure for this particular man it was a major hassle, even though he prevailed.

What he was given (Deferred Action) is discretionary indeed and one of the criteria is, in essence, how the case would play in the press.


Originally Posted by SATTSO (Post 17178879)
Sadly, some state government agencies do accept this card, and some states allow this "identification" to be used to issue legitimate state identifications and drivers licenses (could be wrong here). Not even considering TSA, this is not good, as to get this card in Mexico you do not have to provide any proof of who you claim you are, simply pay a fee.

Do they issue such cards in Mexico? I'm not sure why anyone would get one there.

Always Flyin Sep 27, 2011 2:44 am


Originally Posted by dorian283 (Post 10086348)
Some of you assume there is a problem with people living here illegally, not all people come here on their own will. I know of people who were brought here as young children and know very little about their country.

Besides that, people who come here of their own will, desperate for food or work, come here out of necessity, not luxury.

To deny a person's right to come work & live freely in the United States is Un-American. Every person should have the right to life, liberty, and the pursuit of happiness.

Could you honestly look into the face of a child who wants to be an American and say no?

Yes. Without losing a moment's sleep.

Do you know how many people in the Philippines and India would love to come to the U.S.? The problem is that they can't just walk over the border.

Why do Hispanics from Mexico and Central America receive that benefit?

We have a legal immigration procedure. If you want to immigrate, use it.

Note that if I just walked across the border into Mexico and started working, they would throw me in jail.

Apparently it's a one-way street from Mexico to the U.S.


Also, its not in the interest of many politicians to legalize illegals or prevent illegals because many, the majority, do pay taxes. A huge of amount of money from illegals is supporting the failing social security system.

As for those failing hospitals & schools in California, it is a general problem which is actually desperately held up by tax paying illegals without access to most benefits. The problem with California is that it is a very socialist state without a balanced budget or understanding of how to pay for all its programs.
You clearly do not understand the economics on the border states from illegal immigration.

alexb133 Sep 27, 2011 7:50 am


Originally Posted by Always Flyin (Post 17179743)

We have a legal immigration procedure. If you want to immigrate, use it.

Note that if I just walked across the border into Mexico and started working, they would throw me in jail.

Apparently it's a one-way street from Mexico to the U.S.

Absolutely! I worked in the US for many years, and (my company) spent thousands of dollars on attorneys and visa fees, so why do they get to skip that process? And looking at it from the Mexican perspective, like you said, they have even tougher immigration laws which will absolutely throw you in jail if you start working there illegally.

alexb133 Sep 27, 2011 7:52 am


Originally Posted by Ari (Post 17179560)

That doesn't make acceptance of the card a crime. The document is issued for legitimate diplomatic reasons.

They're not issued for a legitimate diplomatic reason.. The Mexican government isn't issuing them to track their citizens in the event of a major catastrophic event.. The Mexican government is issuing them for the sole purpose of facilitating the illegal activities of its citizens inside the United States.

Ari Sep 27, 2011 8:09 am


Originally Posted by alexb133 (Post 17180549)
They're not issued for a legitimate diplomatic reason. The Mexican government isn't issuing them to track their citizens in the event of a major catastrophic event.

That's the legitimate diplomatic reason to issue them. (Another would be consular notification in the event of arrest . . . I recall that someone who didn't have the benefit consular notification was put to death recently).


Originally Posted by alexb133 (Post 17180549)
The Mexican government is issuing them for the sole purpose of facilitating the illegal activities of its citizens inside the United States.

That's how the IDs are used and most probably the motivation for their issuance. But just because the IDs are overwhelmingly used by unlawfully present aliens as a general-purpose indentification card does not make the issuance of the card illegal and does not take away the fact that there is a legitimate diplomatic reason for the issuance of such a card (even though that is not the actual motivation behind the country's issuance of the card).

The notion that accepting the card is a crime is simply false because the cards provide no information as to a holder's legal status in the United States. (They can be issued to legally-present Mexican nationals as well though, I imagine few use them).

I don't particularly like the Matricula Consular because of the way they are used-- and I certainly wouldn't accept it for any purpose-- but that doesn't mean they are illegal for someone else to accept (something that nutty website says).

I don't like it when people inject politics into interpretation of the law.

mre5765 Sep 27, 2011 8:25 am


Originally Posted by alexb133 (Post 17172528)
You need identification to board an airplane.. I have no idea what a "matricula" is, but I'm pretty sure that its not an acceptable form of ID for the TSA..

Do you have a passport from your country? That will work.. The TSA won't check your legal status.

Lol.

http://www.flyertalk.com/forum/pract...ml#post9605187 .

If you are "illegal" don't fly in the USA, period.

alexb133 Sep 27, 2011 8:55 am


Originally Posted by Ari (Post 17180632)

That's how the IDs are used and most probably the motivation for their issuance. But just because the IDs are overwhelmingly used by unlawfully present aliens as a general-purpose indentification card does not make the issuance of the card illegal and does not take away the fact that there is a legitimate diplomatic reason for the issuance of such a card (even though that is not the actual motivation behind the country's issuance of the card).

The notion that accepting the card is a crime is simply false because the cards provide no information as to a holder's legal status in the United States. (They can be issued to legally-present Mexican nationals as well though, I imagine few use them).

I'm an accountant, not an attorney, but I would imagine that in the eyes of the law, presenting one of these cards creates the presumption of being illegal (probable cause to investigate your immigration status?)

Logically, legal Mexican residents have no use for the card, as they are eligible for US-issued identification.


Also - if the Mexican government wants these cards to be considered more "secure", and accepted in more places, they should issue them responsibly. First of all, by verifying a person's actual identity, and only issue them to people with provable legal status in the respective country (USA).

As an American (and its basically the same thing here in Canada), you cannot get a driver's licence, health card, passport, etc., without proving who you say you are.

Neither the Canadian or US governments issue such "consular cards" to its citizens living abroad, but they do register citizens abroad who wish that.

Though the quantum of proof is low (basically unverifiable), and no special ID card is issued, they do ask for your immigration status in the country of question, and "illegal" isn't a choice.

Ari Sep 27, 2011 11:42 am


Originally Posted by alexb133 (Post 17180885)
I'm an accountant, not an attorney, but I would imagine that in the eyes of the law, presenting one of these cards creates the presumption of being illegal (probable cause to investigate your immigration status?)

I would say it does not give probable cause but cetainly gives reasonable suspicion for authorized officials to investigate status. I wouldn't say it carries any presumptions (as a matter of law) other than that a person is a Mexican national. As a practical matter, most officials encountering such a card assume that the person presenting it is unlawfully present.


Originally Posted by alexb133 (Post 17180885)
Logically, legal Mexican residents have no use for the card, as they are eligible for US-issued identification.

Perhaps for consular notification or to obtain services of the consulate.


Originally Posted by alexb133 (Post 17180885)
Also - if the Mexican government wants these cards to be considered more "secure", and accepted in more places, they should issue them responsibly. First of all, by verifying a person's actual identity, and only issue them to people with provable legal status in the respective country (USA).

With respect to the first part, verification of identity, there would be nothing wrong with that. The Mexican government did actually try to make them more "secure" a few years ago, but that was really just a design upgrade and some claim that they were vetting them better (an assurance that I don't really credit).

With respect to the second part, issuing the card only to those who can prove legal presence here, that would partially defeat the legitimate diplomatic purpose of the card: To identify Mexican nationals in the United States who are entitled to Mexican consular services and protection. Because those unlawfully present in the United States are still entitled to consular services and protection, it would make no sense not to issue these cards to such persons.


Originally Posted by alexb133 (Post 17180885)
As an American (and its basically the same thing here in Canada), you cannot get a driver's licence, health card, passport, etc., without proving who you say you are.

Right.


Originally Posted by alexb133 (Post 17180885)
Neither the Canadian or US governments issue such "consular cards" to its citizens living abroad, but they do register citizens abroad who wish that.

If the USA or Canada wanted to issue such documents, they could. They choose not to.


Originally Posted by alexb133 (Post 17180885)
Though the quantum of proof is low (basically unverifiable), and no special ID card is issued, they do ask for your immigration status in the country of question, and "illegal" isn't a choice.

That is the choice of the United States and Canada but not the choice of the Mexican government.

bocastephen Sep 27, 2011 11:54 am

The easiest solution is a Washington State drivers license - no proof of immigrant status is needed. If you have friends or family in WA, just use their address for proof of state residency (you'll need a utility bill in your name).

alexb133 Sep 27, 2011 12:04 pm


Originally Posted by Ari (Post 17181946)
With respect to the second part, issuing the card only to those who can prove legal presence here, that would partially defeat the legitimate diplomatic purpose of the card: To identify Mexican nationals in the United States who are entitled to Mexican consular services and protection. Because those unlawfully present in the United States are still entitled to consular services and protection, it would make no sense not to issue these cards to such persons.


I understand what your saying - on paper (legally), the cards issued are legitimate. They basically found a loophole in the Vienna Conventions the same way that tax evaders find loopholes to avoid paying taxes.

I'm sure though, that unofficially, both within the Mexican government and the general public, these cards are issued to facilitate their citizen's day-to-day life while living undocumented in the country of question.


Originally Posted by Ari (Post 17181946)



If the USA or Canada wanted to issue such documents, they could. They choose not to.

Unlawfully present immigrants are entitled to consular services and protection, and nobody is going to deny them that right, but that doesn't require "the issuance of an ID document". A simple registration and acknowledgement from the consulate is sufficient.

SATTSO Sep 27, 2011 1:11 pm


Originally Posted by Ari (Post 17179560)
Do they issue such cards in Mexico? I'm not sure why anyone would get one there.

They only issue those cards in Mexico, as I understand it, but perhaps their consulate offices issue them as well. As to why someone would get one, it should be obvious. They either live in the US illegally, or plan to do so, and need/want a document to be able to open a bank account, rent an apartment, etc, and then come across the border illegally, as so many thousands do each year.

SATTSO Sep 27, 2011 1:15 pm


Originally Posted by alexb133 (Post 17178987)
Well I'm sure states no longer accept this Mexican ID card as a basis of getting an American driver's licence or ID card. Mainly due to the REAL ID Act (but they used to in the past, which is just as bad).

As of May 2011 - a handful of months ago - Durham, NC, was moving forward to accept this identification as valid, thus, it would enable people who had it to get a drivers license. I didn't keep up with it, and am not sure if this was passed into law.

But if Durham was planning on accepting this un-verifiable identification, we can be sure that other cities/states were too. San Fransisco comes to mind, and trying to think back to what I read, the Matricula Consular Card may be an acceptable for of identification there, too. Anyone care to look it up?

SATTSO Sep 27, 2011 1:23 pm


Originally Posted by Ari (Post 17179560)



That doesn't make acceptance of the card a crime. The document is issued for legitimate diplomatic reasons.

Sorry, missed this somehow: they are NOT issued for any legitimate diplomatic reason. They are issued so their citizens can illegally live in and get service in a foreign country.

They should never be accepted, by any institution, based upon the following FBI testimony to Congress in 2003:

http://www2.fbi.gov/congress/congres...craw062603.htm

This is the most worrisome, to me, from the testimony; quote: "Fourth, in some locations, when an individual seeking a Matricula Consular is unable to produce any documents whatsoever, he will still be issued a Matricula Consular by the Mexican consular official, if he fills out a questionnaire and satisfies the official that he is who he purports to be."

In other words, if you can lie fairly well, then you get a Matricula Consular Card.


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