In the fall of 2008 Weld County Sheriff deputy’s executed a search warrant on a Amalia’s Translation and Tax Services in Greeley Colorado. The purpose of this search? To find tax returns that were filed with incorrect Social Security numbers. The assumption was that illegal immigrants were stealing identities to gain employment and had filed taxes fraudulently in order to work in the US.
Yesterday the Colorado State Supreme Court finally ruled that this warrant violated the US Constitution. Justice Michael Bender said the warrant allowed â€œan unbridled searchâ€ that â€œcontravenes basic freedoms guaranteed by the Fourth Amendment.â€ The defendant in the case, Ramon Gutierrez, had a reasonable expectation of privacy on his tax return.
We can all be glad that the Colorado high court has defended the constitution and the rights of anyone living in this great country, but a big hole still remains in government. Individuals, either illegal immigrants or other nefarious characters, are stealing identities. Official federal tax documents are being filed with stolen or false Social Security Numbers and NOTHING is being done about this. This should be the IRS’s responsibility. The Federal government forces Social Security Numbers on it’s citizens, extracts taxes from workers, yet can’t simply identify when there is potential fraud on the tax returns.
The best the government can do is setup a database that allows employers to check their employees putting the burden back on business’ shoulders. Wouldn’t it be as easy and better to identify when fraudulent or duplicate tax documents are filed and reject them? Of course, this is unlikely to happen because our greedy government wants every dollar it can get.
This gap must be filled, immigration laws must be enforced or repealed and flagrant SSN fraud must be stopped.