Criminal Law Blog
September 23, 2005
Surcharges and Social Security Cards: How the Government Denies Itself Money.
For a moment, imagine that years ago you risked your life to come to the United States, but you entered illegally.
You got a job and worked hard. You married and had kids. You didn’t learn to speak English, but with the help of the Texas underground economy, you took care of your work and family.
You got a drivers license, something you need to do your job. But one day you got a ticket and you wound up with the surcharges that the law now requires.
Either you didn’t get the surcharge notices, or you didn’t understand them, but in any case you didn’t pay the surcharges and so your license is suspended.
Then one day a policeman pulls you over because the light over your license plate has burned out. The officer gets your license and insurance card, and makes the routine check for warrants. He finds that your license has been suspended because you didn’t pay the surcharge (now $1,000).
You are now under arrest for the first time in your life.
Your lawyer explains the situation. Back when you first got your license, you didn’t need to produce a social security card. But now you must.
But because you entered illegally, you can’t get a valid social security card. Without that social security card, you can’t get a license anymore. Even if you pay the surcharges, you still can’t get that license. Period.
You tell your lawyer: “I want my license back. I need that license to work and take care of my family. I’d gladly pay the surcharge. I’d pay the $1,000 five times over if that’s what it takes to get that license.”
You tell your lawyer: “But I’d like to get something for my money. Why should I pay it if I can’t my license back?”
Ethically, your lawyer must tell you that the law requires you to pay it, and he can’t advise you to break the law.
Would you pay the surcharge?
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