Anabelle Garay - Associated Press
But a spokeswoman for Trinity Medical Center in Carrollton contends the hospital was simply following policy and has a responsibility to report criminal activity, including possible identity theft, to the proper authorities.
The hospital's personnel director notified Carrollton police of the discrepancy. Detectives also were informed that Martinez had an appointment the next day at the hospital's human resources office, according to documents filed in the case.
“She told me to please forgive her. She told me she wasn't strong enough to fight,” said Martinez' 19-year-old daughter, who spoke on condition of anonymity because she also is in the U.S. illegally.
“For an employer to go ahead and take it upon themselves ... to report that is unusual,” said immigration attorney Kathleen Walker. “There's no obligation on my part to go call law enforcement.”
“Regardless of whether they were an illegal alien, legal immigrant or an American citizen, it still wouldn't have mattered, they still would have been reported,” she said.
Laws and policies prohibit employers from scrutinizing a job applicant's identity or work eligibility before they are hired, said Walker, an El Paso lawyer and former president of the American Immigration Lawyers Association.
Still, those raids have left employers edgy, said Muzaffar Chishti, director of the Migration Policy Institute at NYU School of Law.