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Hospital Chided For Reporting Illegal Applicant
Anabelle Garay / AP
September 01, 2008
ARROLLTON, Texas — Maria Martinez’ attempt to land a cafeteria job at a suburban Dallas hospital got her arrested, jailed and deported.
She did use a counterfeit social security on her application to Trinity Medical Center, but her relatives and supporters wonder whether the hospital overreacted by calling the police.
During yet another year marked by several high profile immigration raids targeting both undocumented workers and the companies who hire them, the Martinez case raises questions about what employers can or should do if they discover an applicant is not authorized to work legally in the U.S.
A spokeswoman for the medical center here contends the hospital was simply following policy and has a responsibility to report criminal activity, including possible identity theft.
It may be hospital policy, but employers aren’t required to report a worker or applicant suspected of being in the U.S. illegally, say immigration attorneys and enforcement officials.
“For an employer to go ahead and take it upon themselves … to report that is unusual,” said immigration attorney Kathleen Walker. “There’s no obligation on my part to go call law enforcement.”
U.S. Immigration and Customs Enforcement spokesman Carl Rusnok agreed, saying employers and local police typically don’t have the training needed to determine whether someone is in the country illegally.
Carrollton’s mayor has emphasized that one of his priorities is to rid the city of illegal immigrants. The neighboring suburb of Farmers Branch has unsuccessfully tried to prohibit landlords from renting houses and apartments to tenants who cannot prove they are in the U.S. legally.
But hospital spokeswoman Susan Watson said the decision to report Martinez had nothing to do with the immigration debate in suburban Dallas. The hospital reported what it considered a crime, she said.
“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,” she said.
Watson said it was the first time in at least two years that the hospital reported a possible crime involving a worker or applicant to police. But officials are always on alert because many employees have access to patients’ medical records and other private information, she said.
Immigration attorneys and advocates are concerned that many employers have become overly cautious, to the point that they might be bending or breaking the law.
“When people are being prescreened before a decision to hire is being made, then you could have exposure to discrimination charges,” said Walker, an El Paso lawyer and former president of the American Immigration Lawyers Association.
Recent workplace raids around the country have increasingly led to prosecuting unauthorized workers for identity theft and use of someone else’s social security number. But those prosecutions have stemmed from federal investigations into workers at specific companies, not calls from an employer to local police.
Still, such raids have left employers edgy, said Muzaffar Chishti, director of the Migration Policy Institute at New York University School of Law.
“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,” said Chishti. “What’s troubling is that employers have taken it upon themselves the job of ascertaining whether a crime has been committed.”
Martinez, a single mother of a 3-year-old son and a teenage daughter, acknowledged buying the social security card for $110 at a Wal-Mart., according to police records. She also had a second social security card and two counterfeit cards stating she was a legal permanent resident.
She had planned to fight the state charge, but after being held in jail for nearly three weeks, she agreed to be deported to Mexico. Her son joined her there.
“She told me to please forgive her,” said Martinez’ 19-year-old daughter, who spoke on condition of anonymity because she also is in the U.S. illegally. “She told me she wasn’t strong enough to fight.”
(c) YellowBrix 2008
amfreeman13
25 days ago
4 comments
I'm glad someone had the backbone to step up and do something about this situation. I have no problem with people immigrating to the US but do it legally. What about the poor person who's ID was stolen and used. I can assure you that wasn't the first time it was used by someone. The hospital in Texas "Rock"!!!!!
futurenurse84
about 1 month ago
22 comments
It is unfair to the hard working legal residents of our country for people to come here and think they don't have to follow the laws. It is out of control because people let it slide. We work hard for what we get. If people want to come here to make money they should at least use their own information. I agree if someone is using my info I pray that the person who knows about it calls the police and puts them in their place. It is hard to build your life back up after someone destroys your name and credit. Several legal residents are jailed for less everyday.
Breniaha
about 1 month ago
60 comments
Look I hope and pray that if someone is using my information i.e. social, birth certificate etc illegally that someone calls the police!!!!!! The problem with this whole situation is politicians really do not want to stop immigrants from comming to the US it is all about money. That is why we have 2 boarder patrol in jail for shooting a multiconvicted drug smuggler. They do not want to stop it. I believe we are the land of opprotunity but I think that we should take care of home first before we let anyone else come here!!!
vickielee1970
about 1 month ago
574 comments
She broke several laws. (It is called Illegal Immigration because its illegal) Buying a fake SS Card was not the first. What makes you think it will be the last? Do you really want people working in a hospital that are lying about their identity?
diane316
about 1 month ago
650 comments
If anyone wants to live here, become legal. I also think English should be a requirement...reading, writing and speaking!
kstiltner1
about 1 month ago
1326 comments
This is a real shame. I hate that everyone can't live where they want to.
SVine
about 1 month ago
4 comments
I have no problem with immigrants, so long as they're legal. It's like the government and these lawyers are trying to say that it's okay to come here illegally and steal Soc Sec numbers (or buy them). I believe if you know someone isn't legal, they should be reported. Period.
DaMomb
2 months ago
1250 comments
I can't believe that any red blooded American would think that what this woman did was within rights! The hospital did the right thing, and honestly, it should be a REQUIREMENT! I can't imagine going to another country and pulling a stunt like this! Insane, and ONLY in America!
aquangel_nash
2 months ago
14 comments
geee, what is wrong with that? the hospital has every right to report it. i live 15 mins from mexico. im down here in the tip of texas. and im tired of hearing all of this illegal crap. become a citizen and do it the right way, dont complain that we are being discriminitive because you are illegal. oh, and the great part is that they get to sign up for medicaid and welfare and gov't housing. not only are they illegal but they are leeches. more should be done on this matter. i see it everyday, everywhere in the valley
smoxignal
2 months ago
64 comments
Raymoss- I'm with you! A hospital can and should report any thing like this. It is a criminal activity.
msupsychmajor
2 months ago
4 comments
Using a counterfiet SSN is a federal offense, no matter if the person is an immigrant (legal or illegal) or an American citizen. The hospital HR department found someone using a fake SSN and reported it to the authorities, exactly as they should have done. I've had a background check for every job to which I have ever applied. Why shouldn't anyone else?
lyndjohnson
2 months ago
6 comments
I wish more employees were this fastidious.Illegals have no place in this country, particulary in the area of health care
rebeccagui
2 months ago
4 comments
Do some research. Immigrants who came over years ago, did so with proper screening. The had to pass physical exams, and prove that they had enough money to support themselves, or had family willing to support them. Immigrants had to prove that they could read and write, in their OWN native language not english, to be allowed to stay. If a woman showed up with a few kids, no money and no husband, she would not have been allowed entrance into the U.S., and sent back to her home country. If a man showed up and was deemed as unable to work for whatever reason, he too was sent back to his country of origin. If the immigrants WERE able to pass through the exams at Ellis Island, then they were given their green cards and were able to go live in the U.S., and work legally. It's not like that anymore. People just keep coming over the borders , illegally, and showing up with newborn babies who are now 'American Citizens' since they were born in the U.S., and the parents start sucking the system dry for all the benefits they think THEY desreve. When did that parent EVER pay in any money to the system, to reap these rewards?~! NEVER! This woman expected to get a job illegally, and you can be SURE that she wasn't going to be paying enough taxes on her earnings.
rusty97015
2 months ago
28 comments
Does anyone have a clue how many illegal immigrants seek medical care in this country? No? If you don't, don't make claims about illegal immigrants being the cause of the high cost of medical care in this country. Do the research and find out how much they contribute to the problem in real dollars. I can tell you that I have probably 30 patients on my floor... less than 10 of them actually have insurance. They are all American citizens. Do you suggest we turn them away, too?
I'm not saying that it isn't frustrating and clearly the issue needs to be resolved in this country. But, illegal immigrants will likely be in our future regardless of who becomes President. We need to be rational and work in a collaborative fashion with other countries to solve this problem. But, the way, I believe attacking illegal immigrants is a subtle form of racism... so, please do some soul searching and see if this applies to you. If not, fine. But, if you think it does, consider why you hold those beliefs and fears. Are they unfounded? Are they logical? Perhaps they are. Its a process that can work for all of us. And, as a side note... when I lived in Boston, there were quite a few illegal immigrants from Ireland. People don't seem to be so upset about them.
As a nurse, it is our role to treat everyone with compassion and the utmost of care, regardless of a person's citizenship. The venom I see from some people on this site, not everyone (of course) but many, makes me question their ability to provide the kind of care they are required to provide.
ablack
2 months ago
34 comments
WOO HOO GO HOSPITAL!!!!!!!!!!!!! Good for the hospital! They have a right to make sure their hires are legal and law abiding citizens. No compassion here. Forged snn#! Are you kidding me? The last time I checked forging a SS card was a fifth degree felony. It is about time we take a stand against anyone who breaks the law. Coming into our country ILLEGALLY is no different then going into your next store neighbors house stealing their belongings and money thinking what you did isn't wrong. I'm sick of these illegal immigrants stealing from the tax payers. Why should I pay their medical bills, their education costs, etc. when they aren't obeying the laws the rest of us abide by? It is a HUGE national security issue that needs to be addressed. It is a huge problem here in California where I live. I agree with emtpixie, I hope more businesses do take the initiative against these law breakers.