Am I immune from prosecution for using false SSN after DACA approval?

USCIS is not changing its position about the illegality of working without papers:  After highlighting the risks of working without proper employment authorization and/or using a fake or false Social Security number, I pointed to the clarification from USCIS that a DREAMer need not list his/her fake/false/stolen SSN.  Yet, once again, it is my responsibility to remind DREAMers and all other illegal immigrants that working without papers, lying about your immigration status, or using false documents are serious crimes that can result in fines, jail terms, deportation, and denial of immigration benefits (in other words, you may not be able to adjust your status).  While the authorities are less harsh on employers who knowingly hire or fail to do a good job of verifying legal status of employees due to the powerful business lobbies that make massive contributions to Republicans, nevertheless, they are also lawbreakers.

DACA puts both employers and DREAMers at risk of future prosecution:  In the latest clarification from the USCIS, the Agency merely directed DACA applicants to list only those SS# that were issued to them (whether the number was not authorized for employment or was authorized for employment in the past but that authorization has since expired) and it also clarified that employers of DACA applicants could provide them with proof of employment and/or copies of W-2 forms without fear of being charged with a crime.  The downside of doing that is that the employer is now admitting to have committed a serious federal crime.

Risk assessment of DACA for both undocumented immigrants and employers:  The New York Times has uncovered some very useful information on what it all means and what to do:
  1. Department of Homeland Security (DHS) is telling The Times that simply because DACA work permits and deportation deferrals are being issued to DREAMers, there is no immunity from prosecution in the future.  In other words, if you have worked under the table and have a paper trail for it, be prepared to face the consequences in the future.
  2. DHS adds that employers who have knowingly employed undocumented immigrants and a criminal intent is clear can also be prosecuted.  The paperwork that they now provide to DREAMers maybe used against them.
  3. Attorneys are advising that DREAMers do not mention the Deferred Action for Childhood Arrivals (DACA) to their employers while requesting employment verification documents.  Legally speaking, this will protect the employers because then they can claim that they were not aware that the employee was not authorized to work.

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