Keeping in mind that we're not dealing with a scientific standard of evidence while the statement has a wide margin of error I give it the edge since it is the wise thing to do. The guy was an illegal alien seeking to buy a legitimate (ie: real, that would actually be usable) ID so that he could stay in the country. Buying an ID based on someone deceased would carry with it a much lower chance of getting caught so it would make sense to ask for that. It is also plausible that a seller of such IDs would tell the buyer that it was from a deceased person whether it was or not. It's certainly also plausible that the issue never came up or that he knew that it was from a living person - this would be less wise, but I'm sure people do it. My guess is those people are much more likely to be caught.
So it could go either way, given that the guy seems to be relatively smart and that the smart move would be to favour an ID of someone deceased I give the edge to that. accepting a wide margin of error along with it. Certainly for conversation sake I'm prepared to take it both ways.
The issue of illegal immigration is certainly a serious one though I'm not sure that I'd label such people "criminals" just because they committed some crimes in the illegal migration process. I don't know the reasons that led for him to take such measures but I know people who do so often do so because they are escaping bad situations. The issues are complicated and I imagine this guy's reasons were probably also serious (ie: people don't tend to do such things on whims, though I guess its possible.) People sometimes do unpleasant things when they consider themselves to be desperate and do things I'm sure they are not proud of. On a morality scale such acts certainly fall in a grey area. I'd certainly prefer people go through proper channels but I can imagine the terror at going through such channels and being rejected and concluded that they should go through less licit means.
As for Randi's role: I ask myself what I would do if I found out that my wife had done something similar. Would I have turned her in or divorced her? Well, I ended up splitting with her anyway but it wouldn't have been for a reason like that. Even if I found this out now when I'm no longer in love with her I still wouldn't.
Is it hypocritical of Randi? sure, but I get it. I find his general rudeness and lack of respect to people he doesn't agree with far more objectionable than his standing by the man he loves.