CITE

    8 USC Sec. 1324c                                            01/05/2009

EXPCITE

    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

HEAD

    Sec. 1324c. Penalties for document fraud

STATUTE

    (a) Activities prohibited
      It is unlawful for any person or entity knowingly -
        (1) to forge, counterfeit, alter, or falsely make any document
      for the purpose of satisfying a requirement of this chapter or to
      obtain a benefit under this chapter,
        (2) to use, attempt to use, possess, obtain, accept, or receive
      or to provide any forged, counterfeit, altered, or falsely made
      document in order to satisfy any requirement of this chapter or
      to obtain a benefit under this chapter,
        (3) to use or attempt to use or to provide or attempt to
      provide any document lawfully issued to or with respect to a
      person other than the possessor (including a deceased individual)
      for the purpose of satisfying a requirement of this chapter or
      obtaining a benefit under this chapter,
        (4) to accept or receive or to provide any document lawfully
      issued to or with respect to a person other than the possessor
      (including a deceased individual) for the purpose of complying
      with section 1324a(b) of this title or obtaining a benefit under
      this chapter, or
        (5) to prepare, file, or assist another in preparing or filing,
      any application for benefits under this chapter, or any document
      required under this chapter, or any document submitted in
      connection with such application or document, with knowledge or
      in reckless disregard of the fact that such application or
      document was falsely made or, in whole or in part, does not
      relate to the person on whose behalf it was or is being
      submitted, or
        (6)(A) to present before boarding a common carrier for the
      purpose of coming to the United States a document which relates
      to the alien's eligibility to enter the United States, and (B) to
      fail to present such document to an immigration officer upon
      arrival at a United States port of entry.
    (b) Exception
      This section does not prohibit any lawfully authorized
    investigative, protective, or intelligence activity of a law
    enforcement agency of the United States, a State, or a subdivision
    of a State, or of an intelligence agency of the United States, or
    any activity authorized under chapter 224 of title 18.
    (c) Construction
      Nothing in this section shall be construed to diminish or qualify
    any of the penalties available for activities prohibited by this
    section but proscribed as well in title 18.
    (d) Enforcement
      (1) Authority in investigations
        In conducting investigations and hearings under this subsection
      -
          (A) immigration officers and administrative law judges shall
        have reasonable access to examine evidence of any person or
        entity being investigated,
          (B) administrative law judges, may, if necessary, compel by
        subpoena the attendance of witnesses and the production of
        evidence at any designated place or hearing, and
          (C) immigration officers designated by the Commissioner may
        compel by subpoena the attendance of witnesses and the
        production of evidence at any designated place prior to the
        filing of a complaint in a case under paragraph (2).
      In case of contumacy or refusal to obey a subpoena lawfully
      issued under this paragraph and upon application of the Attorney
      General, an appropriate district court of the United States may
      issue an order requiring compliance with such subpoena and any
      failure to obey such order may be punished by such court as a
      contempt thereof.
      (2) Hearing
        (A) In general
          Before imposing an order described in paragraph (3) against a
        person or entity under this subsection for a violation of
        subsection (a) of this section, the Attorney General shall
        provide the person or entity with notice and, upon request made
        within a reasonable time (of not less than 30 days, as
        established by the Attorney General) of the date of the notice,
        a hearing respecting the violation.
        (B) Conduct of hearing
          Any hearing so requested shall be conducted before an
        administrative law judge. The hearing shall be conducted in
        accordance with the requirements of section 554 of title 5. The
        hearing shall be held at the nearest practicable place to the
        place where the person or entity resides or of the place where
        the alleged violation occurred. If no hearing is so requested,
        the Attorney General's imposition of the order shall constitute
        a final and unappealable order.
        (C) Issuance of orders
          If the administrative law judge determines, upon the
        preponderance of the evidence received, that a person or entity
        has violated subsection (a) of this section, the administrative
        law judge shall state his findings of fact and issue and cause
        to be served on such person or entity an order described in
        paragraph (3).
      (3) Cease and desist order with civil money penalty
        With respect to a violation of subsection (a) of this section,
      the order under this subsection shall require the person or
      entity to cease and desist from such violations and to pay a
      civil penalty in an amount of -
          (A) not less than $250 and not more than $2,000 for each
        document that is the subject of a violation under subsection
        (a) of this section, or
          (B) in the case of a person or entity previously subject to
        an order under this paragraph, not less than $2,000 and not
        more than $5,000 for each document that is the subject of a
        violation under subsection (a) of this section.
      In applying this subsection in the case of a person or entity
      composed of distinct, physically separate subdivisions each of
      which provides separately for the hiring, recruiting, or
      referring for employment, without reference to the practices of,
      and not under the control of or common control with, another
      subdivision, each such subdivision shall be considered a separate
      person or entity.
      (4) Administrative appellate review
        The decision and order of an administrative law judge shall
      become the final agency decision and order of the Attorney
      General unless either (A) within 30 days, an official delegated
      by regulation to exercise review authority over the decision and
      order modifies or vacates the decision and order, or (B) within
      30 days of the date of such a modification or vacation (or within
      60 days of the date of decision and order of an administrative
      law judge if not so modified or vacated) the decision and order
      is referred to the Attorney General pursuant to regulations, in
      which case the decision and order of the Attorney General shall
      become the final agency decision and order under this subsection.
      (5) Judicial review
        A person or entity adversely affected by a final order under
      this section may, within 45 days after the date the final order
      is issued, file a petition in the Court of Appeals for the
      appropriate circuit for review of the order.
      (6) Enforcement of orders
        If a person or entity fails to comply with a final order issued
      under this section against the person or entity, the Attorney
      General shall file a suit to seek compliance with the order in
      any appropriate district court of the United States. In any such
      suit, the validity and appropriateness of the final order shall
      not be subject to review.
      (7) Waiver by Attorney General
        The Attorney General may waive the penalties imposed by this
      section with respect to an alien who knowingly violates
      subsection (a)(6) of this section if the alien is granted asylum
      under section 1158 of this title or withholding of removal under
      section 1231(b)(3) of this title.
    (e) Criminal penalties for failure to disclose role as document
      preparer
      (1) Whoever, in any matter within the jurisdiction of the
    Service, knowingly and willfully fails to disclose, conceals, or
    covers up the fact that they have, on behalf of any person and for
    a fee or other remuneration, prepared or assisted in preparing an
    application which was falsely made (as defined in subsection (f) of
    this section) for immigration benefits, shall be fined in
    accordance with title 18, imprisoned for not more than 5 years, or
    both, and prohibited from preparing or assisting in preparing,
    whether or not for a fee or other remuneration, any other such
    application.
      (2) Whoever, having been convicted of a violation of paragraph
    (1), knowingly and willfully prepares or assists in preparing an
    application for immigration benefits pursuant to this chapter, or
    the regulations promulgated thereunder, whether or not for a fee or
    other remuneration and regardless of whether in any matter within
    the jurisdiction of the Service, shall be fined in accordance with
    title 18, imprisoned for not more than 15 years, or both, and
    prohibited from preparing or assisting in preparing any other such
    application.
    (f) Falsely make
      For purposes of this section, the term "falsely make" means to
    prepare or provide an application or document, with knowledge or in
    reckless disregard of the fact that the application or document
    contains a false, fictitious, or fraudulent statement or material
    representation, or has no basis in law or fact, or otherwise fails
    to state a fact which is material to the purpose for which it was
    submitted.

SOURCE

    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 274C, as added Pub.
    L. 101-649, title V, Sec. 544(a), Nov. 29, 1990, 104 Stat. 5059;
    amended Pub. L. 102-232, title III, Sec. 306(c)(5)(A), Dec. 12,
    1991, 105 Stat. 1752; Pub. L. 103-416, title II, Sec. 219(r), Oct.
    25, 1994, 108 Stat. 4317; Pub. L. 104-208, div. C, title II, Secs.
    212(a)-(d), 213, 220, title III, Secs. 308(g)(10)(D), 379(a), Sept.
    30, 1996, 110 Stat. 3009-570, 3009-571, 3009-575, 3009-625, 3009-
    649.)

AMENDMENTS

      1996 - Subsec. (a)(1). Pub. L. 104-208, Sec. 212(a)(1), inserted
    "or to obtain a benefit under this chapter" before comma at end.
      Subsec. (a)(2). Pub. L. 104-208, Sec. 212(a)(2), inserted "or to
    obtain a benefit under this chapter" before comma at end.
      Subsec. (a)(3). Pub. L. 104-208, Sec. 212(a)(3), inserted "or
    with respect to" after "issued to" and "or obtaining a benefit
    under this chapter" after "of this chapter" and struck out "or" at
    end.
      Subsec. (a)(4). Pub. L. 104-208, Sec. 212(a)(4), inserted "or
    with respect to" after "issued to" and "or obtaining a benefit
    under this chapter" after "section 1324a(b) of this title" and
    substituted ", or" for the period at end.
      Subsec. (a)(5), (6). Pub. L. 104-208, Sec. 212(a)(5), added pars.
    (5) and (6).
      Subsec. (d)(1)(C). Pub. L. 104-208, Sec. 220, added subpar. (C).
      Subsec. (d)(3)(A), (B). Pub. L. 104-208, Sec. 212(c), substituted
    "each document that is the subject of a violation under subsection
    (a) of this section" for "each document used, accepted, or created
    and each instance of use, acceptance, or creation".
      Subsec. (d)(4). Pub. L. 104-208, Sec. 379(a)(2), substituted "the
    final agency decision and order under this subsection" for "a final
    order under this subsection".
      Pub. L. 104-208, Sec. 379(a)(1), substituted "unless either (A)
    within 30 days, an official delegated by regulation to exercise
    review authority over the decision and order modifies or vacates
    the decision and order, or (B) within 30 days of the date of such a
    modification or vacation (or within 60 days of the date of decision
    and order of an administrative law judge if not so modified or
    vacated) the decision and order is referred to the Attorney General
    pursuant to regulations" for "unless, within 30 days, the Attorney
    General modifies or vacates the decision and order".
      Subsec. (d)(7). Pub. L. 104-208, Sec. 308(g)(10)(D), substituted
    "withholding of removal under section 1231(b)(3) of this title" for
    "withholding of deportation under section 1253(h) of this title".
      Pub. L. 104-208, Sec. 212(d), added par. (7).
      Subsec. (e). Pub. L. 104-208, Sec. 213, added subsec. (e).
      Subsec. (f). Pub. L. 104-208, Sec. 212(b), added subsec. (f).
      1994 - Subsec. (b). Pub. L. 103-416 substituted "chapter 224 of
    title 18" for "title V of the Organized Crime Control Act of 1970
    (18 U.S.C. note prec. 3481)".
      1991 - Subsec. (a)(2) to (4). Pub. L. 102-232 inserted "or to
    provide" after "receive" in pars. (2) and (4) and "or to provide or
    attempt to provide" after "attempt to use" in par. (3).
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Section 212(e) of div. C of Pub. L. 104-208 provided that:
    "Section 274C(f) of the Immigration and Nationality Act [8 U.S.C.
    1324c(f)], as added by subsection (b), applies to the preparation
    of applications before, on, or after the date of the enactment of
    this Act [Sept. 30, 1996]."
      Amendment by section 308(g)(10)(D) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Amendment by section 379(a) of Pub. L. 104-208 applicable to
    orders issued on or after Sept. 30, 1996, see section 379(b) of
    Pub. L. 104-208, set out as a note under section 1324a of this
    title.
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Amendment by Pub. L. 103-416 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 219(dd) of Pub. L. 103-416, set out as a note under section
    1101 of this title.
                     EFFECTIVE DATE OF 1991 AMENDMENT
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.
                              EFFECTIVE DATE
      Section applicable to persons or entities that have committed
    violations on or after Nov. 29, 1990, see section 544(d) of Pub. L.
    101-649, as amended, set out as an Effective Date of 1990 Amendment
    note under section 1227 of this title.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS

      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.