Crimes of Moral Turpitude

False use of social security card.  The courts are split on whether the use of another’s social security card to work and establish credit in the United States, in violation of 42 U.S.C. § 408(a)(7)(B) (1988), and 18 U.S.C. § 1546(b)(3), constitutes a crime involving moral turpitude.[146]  The Ninth Circuit based its ruling on legislative history and the fact that Beltran-Tirado’s use of the social security number was to “engage in otherwise lawful conduct.”  When Congress exempted from prosecution for these offenses those who had already been granted amnesty or registry, by enacting 42 U.S.C. § 408(d), it indicated a belief that this conduct was not turpitudinous.[147]  Moreover, the conduct penalized in these statutes was malum prohibitum, rather than malum in se.  This reasoning applies, as well, to a number of other criminal offenses, but has some exclusions as well.  Congress was careful to exclude from the exemption those “who used a false social security number for otherwise illegal activity such as bank fraud or drug trafficking . . . .”[148]  Also excluded were noncitizens “who sold social security cards, possessed social security cards with intent to sell, possessed counterfeit social security cards with intent to sell or counterfeited social security cards with intent to sell.”[149]

Sale of false social security card.

Souza v. Ashcroft (N.D.Cal. 2001) (conviction of aiding, abetting, sale, or possession of false social security card, with intent to sell in violation of 18 U.S.C. § 2 and 42 U.S.C. § 408(a)(7)(C), held crime involving moral turpitude, since offense inherently requires intent to deceive).

False attestation on an employment verification. 

Hyder v. Keisler, 506 F.3d 388 (5th Cir. Oct. 25, 2007) (federal conviction for misuse of a social security number [applying for drivers license] obtained by fraud, in violation of 42 U.S.C. § 408(a)(7)(A), is a crime involving moral turpitude for immigration purposes, since the statute requires an “intent to deceive”), disagreeing with Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000);

Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000) (signing false attestation on employment verification form under 18 U.S.C. § 1546(b)(3) by using false social security number held not an offense of moral turpitude, since Congress added a new 42 U.S.C. § 408(d), which provided that noncitizens who had been granted permanent resident status under the amnesty or registry statutes were exempted from prosecution for certain past use of false Social Security numbers, including this one).

False use of social security number.

Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000) (using false Social Security number under what is now 42 U.S.C. § 408(a)(7)(B) (1988) not crime of “moral turpitude,” since Congress added a new 42 U.S.C. § 408(d), which provided that noncitizens who had been granted permanent resident status under the amnesty or registry statutes were exempted from prosecution for certain past use of false Social Security numbers, including this one);[150]

Matter of Serna, 20 I. & N. Dec. 579, 581 (BIA 1992) (use or possession of a false social security document with specific intent to defraud is a CMT);

Matter of Adetiba, 20 I. & N. Dec. 506 (BIA 1992) (violation of 42 U.S.C. § 408 (false use of social security card) was a crime involving moral turpitude).

[146] Compare Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000) with Hyder v. Keisler, 506 F.3d 388 (5th Cir. Oct. 25, 2007).  See also Matter of Adetiba, 20 I. & N. Dec. 506 (BIA 1992) (violation of 42 U.S.C. § 408 (false use of social security card) was a crime involving moral turpitude).

[147] See H.R. Conf. Rep. No. 101-964, at 948 (1990), reprinted in 1990 U.S. Code, Cong. and Admin. News 2374, 2653. 

[148] Conference Report at 948, 1990 U.S. Cong. Code & Admin. News at 2653.

[149] Id.; see 42 U.S.C. § 408(d)(2).

[150] A possible weakness to making use of Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000), is that the BIA held in Matter of Adetiba, 20 I. & N. Dec. 506 (BIA 1992), that a violation of 42 U.S.C. § 408 (false use of social security card) was a crime involving moral turpitude.  Beltran-Tirado could be found to be applicable only within the Ninth Circuit.