
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1324c]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                  Part VIII--General Penalty Provisions
 
Sec. 1324c. Penalties for document fraud


(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.

(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 241(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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1182, 1227, 1330 of this 
title.
