8 U.S.C. § 1324c — Penalties for document fraud

Page 419 TITLE 8—ALIENS AND NATIONALITY § 1324c but does not’’, and in closing provisions substituted ‘‘(i)’’ and ‘‘(ii)’’ for ‘‘(I)’’ and ‘‘(II)’’, respectively. Pub. L. 101–649, § 532(a), inserted reference to sections 1160(a) and 1161(a) of this title in cl. (i). Subsec. (a)(5). Pub. L. 101–649, § 534(a), added par. (5). Subsec. (a)(6). Pub. L. 101–649, § 535(a), added par. (6). Subsec. (d)(2). Pub. L. 101–649, § 537(a), inserted ‘‘the Special Counsel shall notify the person making the charge of the determination not to file such a com- plaint during such period and’’ after ‘‘120-day period,’’, inserted ‘‘within 90 days after the date of receipt of the notice’’ before period at end, and inserted at end ‘‘The Special Counsel’s failure to file such a complaint with- in such 120-day period shall not affect the right of the Special Counsel to investigate the charge or to bring a complaint before an administrative law judge during such 90-day period.’’ Subsec. (g)(2)(B)(iii). Pub. L. 101–649, § 539(a)(1), struck out ‘‘and’’ at end. Subsec. (g)(2)(B)(iv). Pub. L. 101–649, § 539(a)(2), which directed the substitution of a comma for the period at end of cl. (iv)(II), could not be executed because of the general amendment of cl. (iv) by Pub. L. 101–649, § 536(a), see below. Pub. L. 101–649, § 536(a), amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: ‘‘(I) except as provided in subclause (II), to pay a civil penalty of not more than $1,000 for each individual dis- criminated against, and ‘‘(II) in the case of a person or entity previously sub- ject to such an order, to pay a civil penalty of not more than $2,000 for each individual discriminated against.’’ Subsec. (g)(2)(B)(v) to (viii). Pub. L. 101–649, § 539(a)(3), added cls. (v) to (viii). Subsec. (l). Pub. L. 101–649, § 531, added subsec. (l). 1988—Subsec. (a)(1). Pub. L. 100–525, § 2(b)(1), inserted reference to section 1324a(h)(3) of this title. Subsec. (e)(3). Pub. L. 100–525, § 2(b)(2), struck out ‘‘said’’ before ‘‘proceeding’’. Subsec. (g)(2)(A). Pub. L. 100–525, § 2(b)(3), substituted ‘‘that’’ for ‘‘that that’’. Subsec. (g)(2)(B)(ii). Pub. L. 100–525, § 2(b)(4), sub- stituted ‘‘1324a’’ for ‘‘1324’’. Subsec. (g)(3). Pub. L. 100–525, § 2(b)(5), substituted ‘‘engaged and’’ for ‘‘engaged or’’. Subsec. (h). Pub. L. 100–525, § 2(b)(6), substituted ‘‘at- torney’s’’ for ‘‘attorneys’ ’’ in heading. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. C, title IV, § 421(b), Sept. 30, 1996, 110 Stat. 3009–670, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply to requests made on or after the date of the en- actment of this Act [Sept. 30, 1996].’’ 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 OF 1990 AMENDMENT Pub. L. 101–649, title V, § 532(b), Nov. 29, 1990, 104 Stat. 5054, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to ac- tions occurring on or after the date of the enactment of this Act [Nov. 29, 1990].’’ Pub. L. 101–649, title V, § 533(b), Nov. 29, 1990, 104 Stat. 5055, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply to unfair immigration-related employment practices occurring before, on, or after the date of the enactment of this Act [Nov. 29, 1990].’’ Pub. L. 101–649, title V, § 534(b), Nov. 29, 1990, 104 Stat. 5055, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to ac- tions occurring on or after the date of the enactment of this Act [Nov. 29, 1990].’’ Pub. L. 101–649, title V, § 535(b), Nov. 29, 1990, 104 Stat. 5055, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 29, 1990], but shall apply to actions occurring on or after such date.’’ Pub. L. 101–649, title V, § 536(b), Nov. 29, 1990, 104 Stat. 5056, provided that: ‘‘The amendments made by this section [amending this section] shall apply to unfair immigration-related employment practices occurring after the date of the enactment of this Act [Nov. 29, 1990].’’ Pub. L. 101–649, title V, § 537(b), Nov. 29, 1990, 104 Stat. 5056, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply to charges received on or after the date of the enactment of this Act [Nov. 29, 1990].’’ Pub. L. 101–649, title V, § 539(b), Nov. 29, 1990, 104 Stat. 5057, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply to orders with respect to unfair immigration-related employ- ment practices occurring on or after the date of the en- actment of this Act [Nov. 29, 1990].’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, set out as a note under section 1101 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. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. NO EFFECT ON EEOC AUTHORITY Pub. L. 99–603, title I, § 102(b), Nov. 6, 1986, 100 Stat. 3379, provided that: ‘‘Except as may be specifically pro- vided in this section, nothing in this section shall be construed to restrict the authority of the Equal Em- ployment Opportunity Commission to investigate alle- gations, in writing and under oath or affirmation, of unlawful employment practices, as provided in section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5), or any other authority provided therein.’’ § 1324c. Penalties for document fraud (a) Activities prohibited It is unlawful for any person or entity know- ingly— (1) to forge, counterfeit, alter, or falsely make any document for the purpose of satis- fying a requirement of this chapter or to ob- tain 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 Page 420 TITLE 8—ALIENS AND NATIONALITY § 1324c chapter or to obtain a benefit under this chap- ter, (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 indi- vidual) for the purpose of satisfying a require- ment 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 com- plying with section 1324a(b) of this title or ob- taining a benefit under this chapter, or (5) to prepare, file, or assist another in pre- paring or filing, any application for benefits under this chapter, or any document required under this chapter, or any document sub- mitted in connection with such application or document, with knowledge or in reckless dis- regard of the fact that such application or doc- ument 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 au- thorized investigative, protective, or intel- ligence 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 avail- able 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 administra- tive law judges shall have reasonable access to examine evidence of any person or entity being investigated, (B) administrative law judges, may, if nec- essary, 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 sub- poena 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 compli- ance 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 sub- section (a), the Attorney General shall pro- vide 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 no- tice, a hearing respecting the violation. (B) Conduct of hearing Any hearing so requested shall be con- ducted before an administrative law judge. The hearing shall be conducted in accord- ance with the requirements of section 554 of title 5. The hearing shall be held at the near- est 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 im- position of the order shall constitute a final and unappealable order. (C) Issuance of orders If the administrative law judge deter- mines, upon the preponderance of the evi- dence received, that a person or entity has violated subsection (a), 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), 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), or (B) in the case of a person or entity pre- viously subject to an order under this para- graph, not less than $2,000 and not more than $5,000 for each document that is the subject of a violation under subsection (a). In applying this subsection in the case of a person or entity composed of distinct, phys- ically separate subdivisions each of which pro- vides 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 subdivi- sion, 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 deci- sion 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 va- cates the decision and order, or (B) within 30 days of the date of such a modification or va- Page 421 TITLE 8—ALIENS AND NATIONALITY § 1324c cation (or within 60 days of the date of deci- sion and order of an administrative law judge if not so modified or vacated) the decision and order is referred to the Attorney General pur- suant to regulations, in which case the deci- sion 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 pen- alties imposed by this section with respect to an alien who knowingly violates subsection (a)(6) if the alien is granted asylum under sec- tion 1158 of this title or withholding of re- moval 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 jurisdic- tion 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)) 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 viola- tion of paragraph (1), knowingly and willfully prepares or assists in preparing an application for immigration benefits pursuant to this chap- ter, 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 applica- tion or document, with knowledge or in reckless disregard of the fact that the application or doc- ument 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, § 274C, as added Pub. L. 101–649, title V, § 544(a), Nov. 29, 1990, 104 Stat. 5059; amended Pub. L. 102–232, title III, § 306(c)(5)(A), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 103–416, title II, § 219(r), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title II, §§ 212(a)–(d), 213, 220, title III, §§ 308(g)(10)(D), 379(a), Sept. 30, 1996, 110 Stat. 3009–570, 3009–571, 3009–575, 3009–625, 3009–649.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (e)(2), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Na- tionality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 1996—Subsec. (a)(1). Pub. L. 104–208, § 212(a)(1), in- serted ‘‘or to obtain a benefit under this chapter’’ be- fore comma at end. Subsec. (a)(2). Pub. L. 104–208, § 212(a)(2), inserted ‘‘or to obtain a benefit under this chapter’’ before comma at end. Subsec. (a)(3). Pub. L. 104–208, § 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, § 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, § 212(a)(5), added pars. (5) and (6). Subsec. (d)(1)(C). Pub. L. 104–208, § 220, added subpar. (C). Subsec. (d)(3)(A), (B). Pub. L. 104–208, § 212(c), sub- stituted ‘‘each document that is the subject of a viola- tion under subsection (a)’’ for ‘‘each document used, ac- cepted, or created and each instance of use, acceptance, or creation’’. Subsec. (d)(4). Pub. L. 104–208, § 379(a)(2), substituted ‘‘the final agency decision and order under this sub- section’’ for ‘‘a final order under this subsection’’. Pub. L. 104–208, § 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 va- cation (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 At- torney General pursuant to regulations’’ for ‘‘unless, within 30 days, the Attorney General modifies or va- cates the decision and order’’. Subsec. (d)(7). Pub. L. 104–208, § 308(g)(10)(D), sub- stituted ‘‘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, § 212(d), added par. (7). Subsec. (e). Pub. L. 104–208, § 213, added subsec. (e). Subsec. (f). Pub. L. 104–208, § 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 Con- trol 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. C, title II, § 212(e), Sept. 30, 1996, 110 Stat. 3009–571, provided that: ‘‘Section 274C(f) of the Immigration and Nationality Act [8 U.S.C. 1324c(f)], as Page 422 TITLE 8—ALIENS AND NATIONALITY § 1324d added by subsection (b), applies to the preparation of applications before, on, or after the date of the enact- ment 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 appli- cable to orders issued on or after Sept. 30, 1996, see sec- tion 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 sec- tion 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. § 1324d. Civil penalties for failure to depart (a) In general Any alien subject to a final order of removal who— (1) willfully fails or refuses to— (A) depart from the United States pursu- ant to the order, (B) make timely application in good faith for travel or other documents necessary for departure, or (C) present for removal at the time and place required by the Attorney General; or (2) conspires to or takes any action designed to prevent or hamper the alien’s departure pursuant to the order, shall pay a civil penalty of not more than $500 to the Commissioner for each day the alien is in violation of this section. (b) Construction Nothing in this section shall be construed to diminish or qualify any penalties to which an alien may be subject for activities proscribed by section 1253(a) of this title or any other section of this chapter. (June 27, 1952, ch. 477, title II, ch. 8, § 274D, as added Pub. L. 104–208, div. C, title III, § 380(a), Sept. 30, 1996, 110 Stat. 3009–650.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–208, div. C, title III, § 380(c), Sept. 30, 1996, 110 Stat. 3009–650, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall apply to actions occurring on or after the title III–A ef- fective date (as defined in section 309(a) of this division [set out as a note under section 1101 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. REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION AND DEPORTATION For purposes of carrying out this chapter, any ref- erence in law to an order of removal is deemed to in- clude a reference to an order of exclusion and deporta- tion or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title. § 1325. Improper entry by alien (a) Improper time or place; avoidance of exam- ination or inspection; misrepresentation and concealment of facts Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immi- gration officers, or (3) attempts to enter or ob- tains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commis- sion of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both. (b) Improper time or place; civil penalties Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immi- gration officers shall be subject to a civil pen- alty of— (1) at least $50 and not more than $250 for each such entry (or attempted entry); or (2) twice the amount specified in paragraph (1) in the case of an alien who has been pre- viously subject to a civil penalty under this subsection. Civil penalties under this subsection are in addi- tion to, and not in lieu of, any criminal or other civil penalties that may be imposed. (c) Marriage fraud Any individual who knowingly enters into a marriage for the purpose of evading any provi- sion of the immigration laws shall be impris- oned for not more than 5 years, or fined not more than $250,000, or both. (d) Immigration-related entrepreneurship fraud Any individual who knowingly establishes a commercial enterprise for the purpose of evad-