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What is identity theft immigration
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal criminal defense cases. We’ve represented clients in cases that grabbed national attention, including Anna Delvey’s case that became a Netflix series, the Ghislaine Maxwell juror misconduct matter, and Alec Baldwin’s stalking case. Identity theft charges tied to immigration violations carry mandatory prison time and immigration consequences that don’t go away even after you serve your sentence.
This article explains what federal prosecutors mean when they charge identity theft in immigration cases, the mandatory minimum sentences you’re facing, and why 2025 enforcement makes these charges more common than ever before.
What Identity Theft Immigration Actually Means
Identity theft immigration isn’t one specific crime – it’s using someone else’s identity information to bypass immigration restrictions. The most common scenario involves using a stolen Social Security number to work in the United States without authorization. Federal prosecutors charge this under 18 U.S.C. § 1028A, the aggravated identity theft statute, which kicks in whenever you use another person’s identification during commission of a felony.
That felony could be false statements about citizenship to get employment, unlawful presence after deportation, or fraudulently obtaining federal benefits. You don’t need to steal someone’s entire identity – just using their Social Security number on an I-9 form triggers the statute.
In Tampa this year, ICE charged 18 individuals following an immigration-related identity theft investigation. The charges included aggravated identity theft, misuse of Social Security numbers, and false statements regarding citizenship with intent to engage unlawfully in employment. If you think federal prosecutors aren’t actively pursuing these cases in 2025, you’re wrong – they are, and they’re doing it systematically.
The Mandatory Minimum You Can’t Avoid
Aggravated identity theft under 18 U.S.C. § 1028A carries a mandatory 2-year prison sentence. That sentence runs consecutively to whatever sentence you receive for the underlying felony – meaning it’s added on top, not served at the same time. The judge has no discretion to reduce it, no ability to sentence you to probation instead, no authority to run it concurrent with your other charges.
The underlying identity theft charge under 18 U.S.C. § 1028 allows up to 15 years in federal prison. So you’re looking at 2 to 17 years total if convicted on both counts – and federal prosecutors routinely charge both statutes together.
Our criminal defense attorneys have handled many, many federal cases where prosecutors stack charges to pressure defendants into plea agreements. With identity theft immigration cases, they don’t need to stack charges much – the mandatory minimum does the work for them. You can’t cooperate your way out of the 2-year mandatory minimum under § 1028A. Even a 5K1.1 substantial assistance motion won’t eliminate it, though it might reduce your sentence on the underlying charges.
Immigration Consequences That Outlast Prison
Criminal penalties are just the beginning. Identity theft convictions trigger immigration consequences that follow you permanently – deportation, citizenship revocation, and bars to re-entry that can last decades or be permanent.
For naturalized citizens who committed identity theft to obtain citizenship fraudulently, the consequences are catastrophic. Fraudulently obtaining citizenship carries up to 10 years in prison under federal law, and automatic revocation of U.S. citizenship upon conviction. You don’t get to keep citizenship just because you served your time – ICE initiates removal proceedings the moment you’re released from federal prison.
For non-citizens, identity theft qualifies as an aggravated felony under immigration law when it involves fraud or deceit with a loss to the victim exceeding $10,000. That aggravated felony designation means you’re deportable with no possibility of most forms of relief, no cancellation of removal, no adjustment of status – you’re done.
Even if the loss doesn’t exceed $10,000, identity theft still qualifies as a crime involving moral turpitude, which makes you inadmissible and deportable depending on when the conviction occurred and your immigration status. At Spodek Law Group – we’ve seen clients lose green cards they held for 20 years, get separated from U.S. citizen children, and face permanent bars to returning to the United States. The immigration consequences often matter more than the prison time.
2025 Enforcement Reality – ICE Is Targeting Workplaces
Federal enforcement of identity theft immigration cases intensified in 2025, particularly through workplace raids and benefit fraud investigations. In Nebraska, ICE conducted a worksite enforcement operation that uncovered widespread identity theft affecting more than 100 victims across the nation – approximately 70 individuals were using stolen Social Security numbers and identities to unlawfully obtain wages and benefits.
This isn’t about finding undocumented workers anymore – ICE is building identity theft prosecutions that carry mandatory federal prison time. They’re coordinating with the Department of Justice to charge these cases criminally rather than just pursuing civil immigration violations.
The victims in these cases suffer real harm – denied healthcare, lost educational opportunities, IRS demands for repayment of taxes they never owed, disrupted Social Security disability payments. Federal prosecutors emphasize victim impact at sentencing, which drives sentences higher within the guidelines range even after accounting for the mandatory minimum.
Our criminal attorneys understand how these investigations develop – ICE doesn’t just show up randomly. They’re often tipped off by Social Security Administration no-match letters, E-Verify discrepancies, or tax return fraud alerts. By the time ICE executes the raid, they’ve spent months building the case.
Defenses That Actually Matter
The government must prove you knowingly used someone else’s identification – not just that you used a false identification, but that it belonged to a real person. This knowledge requirement creates the primary defense in most aggravated identity theft cases.
If you purchased a counterfeit Social Security card without knowing it matched a real person’s number, that’s not aggravated identity theft under § 1028A – it might still be basic identity theft under § 1028, but you avoid the 2-year mandatory minimum. The problem is proving you didn’t know. Federal prosecutors will point to the fact that the number worked with E-Verify, that you received W-2s in that name, that the number was valid enough to fool sophisticated verification systems.
Another defense involves challenging the predicate felony. If the underlying immigration violation doesn’t qualify as a felony, or if the government can’t prove that felony beyond a reasonable doubt, the aggravated identity theft charge fails. We’ve successfully argued that certain immigration violations charged as predicate offenses don’t meet the statutory requirements for aggravated identity theft enhancement.
Immigration consequences require separate defense strategies – arguing for specific plea agreements that avoid aggravated felony categorization, negotiating for charges that preserve eligibility for cancellation of removal, or structuring sentences to qualify for release before removal proceedings conclude. At Spodek Law Group, we coordinate criminal defense with immigration counsel to protect both sides of your case – because winning the criminal case doesn’t help if you get deported anyway.
Why This Matters Right Now
If you’re charged with identity theft related to immigration violations, you’re facing mandatory federal prison time and immigration consequences that reshape your entire life. The 2025 enforcement environment is more aggressive than it’s been in years, with ICE and DOJ coordinating prosecutions that target workplaces and benefit fraud systematically.
You need a federal criminal defense attorney who understands both the criminal and immigration sides – who knows how to challenge knowledge requirements for aggravated identity theft, who can negotiate plea agreements that avoid aggravated felony categorization, and who works with immigration attorneys to protect your ability to remain in the United States.
Our managing partner, Todd Spodek, is a seasoned criminal defense attorney – a second-generation lawyer who has many, many years of experience handling complex federal cases. Many of the cases we’re famous for handling – are cases that others say were unwinnable. We pride ourselves on having a rock star team of attorneys who have over 50 years of combined experience, and we’re available 24/7 to clients facing federal charges.
Regardless of how complicated your case is, or how challenging it is – we focus on getting you the best possible outcome. If we’re choosing to work with you, it’s because we believe we can make a real difference in your case. Unlike other law firms who care more about their relationships with prosecutors, our loyalty is to you – and only you.