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18 U.S.C. § 1597 — Unlawful conduct with respect to immi-

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1597 — Unlawful conduct with respect to immi-

Page 416 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1595A Editorial Notes AMENDMENTS 2023—Subsec. (a). Pub. L. 117–347 inserted ‘‘or at- tempts or conspires to benefit,’’ after ‘‘whoever know- ingly benefits,’’. 2018—Subsecs. (b)(1), (c). Pub. L. 115–164, § 6(b), sub- stituted ‘‘subsection (a)’’ for ‘‘this section’’. Subsec. (d). Pub. L. 115–164, § 6(a), added subsec. (d). 2015—Subsec. (c). Pub. L. 114–22 substituted ‘‘not later than the later of—’’ for ‘‘not later than 10 years after the cause of action arose.’’ and added pars. (1) and (2). 2008—Subsec. (a). Pub. L. 110–457, § 221(2)(A), struck out ‘‘of section 1589, 1590, or 1591’’ after ‘‘victim of a violation’’ and inserted ‘‘(or whoever knowingly bene- fits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter)’’ after ‘‘perpetrator’’. Subsec. (c). Pub. L. 110–457, § 221(2)(B), added subsec. (c). § 1595A. Civil injunctions (a) IN GENERAL.—Whenever it shall appear that any person is engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, chapter 110, or chapter 117, or a conspiracy under section 371 to commit a violation of this chapter, chapter 110, or chap- ter 117, the Attorney General may bring a civil action in a district court of the United States seeking an order to enjoin such act. (b) ACTION BY COURT.—The court shall proceed as soon as practicable to the hearing and deter- mination of a civil action brought under sub- section (a), and may, at any time before final de- termination, enter such a restraining order or prohibition, or take such other action, as is war- ranted to prevent a continuing and substantial inj

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Page 416 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1595A Editorial Notes AMENDMENTS 2023—Subsec. (a). Pub. L. 117–347 inserted ‘‘or at- tempts or conspires to benefit,’’ after ‘‘whoever know- ingly benefits,’’. 2018—Subsecs. (b)(1), (c). Pub. L. 115–164, § 6(b), sub- stituted ‘‘subsection (a)’’ for ‘‘this section’’. Subsec. (d). Pub. L. 115–164, § 6(a), added subsec. (d). 2015—Subsec. (c). Pub. L. 114–22 substituted ‘‘not later than the later of—’’ for ‘‘not later than 10 years after the cause of action arose.’’ and added pars. (1) and (2). 2008—Subsec. (a). Pub. L. 110–457, § 221(2)(A), struck out ‘‘of section 1589, 1590, or 1591’’ after ‘‘victim of a violation’’ and inserted ‘‘(or whoever knowingly bene- fits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter)’’ after ‘‘perpetrator’’. Subsec. (c). Pub. L. 110–457, § 221(2)(B), added subsec. (c). § 1595A. Civil injunctions (a) IN GENERAL.—Whenever it shall appear that any person is engaged or is about to engage in any act that constitutes or will constitute a violation of this chapter, chapter 110, or chapter 117, or a conspiracy under section 371 to commit a violation of this chapter, chapter 110, or chap- ter 117, the Attorney General may bring a civil action in a district court of the United States seeking an order to enjoin such act. (b) ACTION BY COURT.—The court shall proceed as soon as practicable to the hearing and deter- mination of a civil action brought under sub- section (a), and may, at any time before final de- termination, enter such a restraining order or prohibition, or take such other action, as is war- ranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the civil action is brought. (c) PROCEDURE.— (1) IN GENERAL.—A proceeding under this section shall be governed by the Federal Rules of Civil Procedure, except that, if an indict- ment has been returned against the respond- ent, discovery shall be governed by the Fed- eral Rules of Criminal Procedure. (2) SEALED PROCEEDINGS.—If a civil action is brought under subsection (a) before an indict- ment is returned against the respondent or while an indictment against the respondent is under seal— (A) the court shall place the civil action under seal; and (B) when the indictment is unsealed, the court shall unseal the civil action unless good cause exists to keep the civil action under seal. (d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States. (Added Pub. L. 115–393, title II, § 201(a), Dec. 21, 2018, 132 Stat. 5266.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (c)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Federal Rules of Criminal Procedure, referred to in subsec. (c)(1), are set out in the Appendix to this title. § 1596. Additional jurisdiction in certain traf- ficking offenses (a) IN GENERAL.—In addition to any domestic or extra-territorial jurisdiction otherwise pro- vided by law, the courts of the United States have extra-territorial jurisdiction over any of- fense (or any attempt or conspiracy to commit an offense) under section 1581, 1583, 1584, 1589, 1590, or 1591 if— (1) an alleged offender is a national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)); or (2) an alleged offender is present in the United States, irrespective of the nationality of the alleged offender. (b) LIMITATION ON PROSECUTIONS OF OFFENSES PROSECUTED IN OTHER COUNTRIES.—No prosecu- tion may be commenced against a person under this section if a foreign government, in accord- ance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such of- fense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated. (Added Pub. L. 110–457, title II, § 223(a), Dec. 23, 2008, 122 Stat. 5071.) § 1597. Unlawful conduct with respect to immi- gration documents (a) DESTRUCTION, CONCEALMENT, REMOVAL, CONFISCATION, OR POSSESSION OF IMMIGRATION DOCUMENTS.—It shall be unlawful for any person to knowingly destroy, conceal, remove, con- fiscate, or possess, an actual or purported pass- port or other immigration document of another individual— (1) in the course of violating section 1351 of this title or section 274 of the Immigration and Nationality Act (8 U.S.C. 1324); (2) with intent to violate section 1351 of this title or section 274 of the Immigration and Na- tionality Act (8 U.S.C. 1324); or (3) in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual. (b) PENALTY.—Any person who violates sub- section (a) shall be fined under this title, impris- oned for not more than 1 year, or both. (c) OBSTRUCTION.—Any person who knowingly obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be subject to the penalties de- scribed in subsection (b). (Added Pub. L. 113–4, title XII, § 1211(c)(1), Mar. 7, 2013, 127 Stat. 142.) CHAPTER 79—PERJURY Sec. 1621. Perjury generally. 1622. Subornation of perjury. 1623. False declarations before grand jury or court.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1597 — Unlawful conduct with respect to immigration documents

**(a) Destruction, Concealment, Removal, Confiscation, or Possession of Immigration Documents.—** It shall be unlawful for any person to knowingly destroy, conceal, remove, confiscate, or possess, an actual or purported passport or other immigration document of another individual— (1) in the course of violating [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1351&num=0&edition=prelim) or section 274 of the Immigration and Nationality Act ([8 U.S.C. 1324](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324&num=0&edition=prelim)); (2) with intent to violate [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1351&num=0&edition=prelim) or section 274 of the Immigration and Nationality Act ([8 U.S.C. 1324](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324&num=0&edition=prelim)); or (3) in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual. **(b) Penalty.—** Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both. **(c) Obstruction.—** Any person who knowingly obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be subject to the penalties described in subsection (b).

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

Page 16 TITLE 8—ALIENS AND NATIONALITY § 1101 Sec. 1484 to 1487. Repealed. 1488. Nationality lost solely from performance of acts or fulfillment of conditions. 1489. Application of treaties; exceptions. PART IV—MISCELLANEOUS 1501. Certificate of diplomatic or consular officer of United States as to loss of American na- tionality. 1502. Certificate of nationality issued by Secretary of State for person not a naturalized citizen of United States for use in proceedings of a foreign state. 1503. Denial of rights and privileges as national. 1504. Cancellation of United States passports and Consular Reports of Birth. SUBCHAPTER IV—REFUGEE ASSISTANCE 1521. Office of Refugee Resettlement; establish- ment; appointment of Director; functions. 1522. Authorization for programs for domestic re- settlement of and assistance to refugees. 1523. Congressional reports. 1524. Authorization of appropriations. 1525. Repealed. SUBCHAPTER V—ALIEN TERRORIST REMOVAL PROCEDURES 1531. Definitions. 1532. Establishment of removal court. 1533. Removal court procedure. 1534. Removal hearing. 1535. Appeals. 1536. Custody and release pending removal hearing. 1537. Custody and release after removal hearing. SUBCHAPTER I—GENERAL PROVISIONS § 1101. Definitions (a) As used in this chapter— (1) The term ‘‘administrator’’ means the offi- cial designated by the Secretary of State pursu- ant to section 1104(b) of this title. (2) The term ‘‘advocates’’ includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term ‘‘alien’’ means any person not a citizen or national of the United States. (4) The term ‘‘application for admission’’ has reference to the application for admission into the United States and not

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1324 — Bringing in and harboring certain aliens

**(a) Criminal penalties** (1) (A) Any person who— (i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien; (ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law; (iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation; (iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or (v) (I) engages in any conspiracy to commit any of the preceding acts, or (II) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B). (B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs— (i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subp

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1324 — Bringing in and harboring certain aliens

Page 396 TITLE 8—ALIENS AND NATIONALITY § 1324 Subsec. (b). Pub. L. 104–208, § 671(b)(7), made technical amendment to directory language of Pub. L. 103–416, § 209(a)(1). See 1994 Amendment note below. Pub. L. 104–208, § 671(b)(6), substituted ‘‘remains’’ for ‘‘remain’’. Subsec. (d). Pub. L. 104–208, § 371(b)(8), substituted ‘‘immigration judges’’ for ‘‘special inquiry officers’’. Pub. L. 104–208, § 308(e)(13), struck out subsec. (d) which read as follows: ‘‘The owner, charterer, agent, consignee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside the United States who fails to deport any alien stowaway on the vessel or aircraft on which such stow- away arrived or on another vessel or aircraft at the ex- pense of the vessel or aircraft on which such stowaway arrived when required to do so by an immigration offi- cer, shall pay to the Commissioner a fine of $3,000 for each alien stowaway, in respect of whom any such fail- ure occurs. Pending final determination of liability for such fine, no such vessel or aircraft shall be granted clearance, except that clearance may be granted upon the deposit of an amount sufficient to cover such fine, or of a bond with sufficient surety to secure the pay- ment thereof approved by the Commissioner. The pro- visions of section 1225 of this title for detention of aliens for examination before immigration judges and the right of appeal provided for in section 1226 of this title shall not apply to aliens who arrive as stowaways and no such alien shall be permitted to land in the United States, except temporarily for medical treat- ment, or pursuant to such regulations as the Attorney General may prescribe for the ultimate departure or re- moval or deportation

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