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CITE

    18 USC Sec. 1546                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 75 - PASSPORTS AND VISAS

HEAD

    Sec. 1546. Fraud and misuse of visas, permits, and other documents

STATUTE

      (a) Whoever knowingly forges, counterfeits, alters, or falsely
    makes any immigrant or nonimmigrant visa, permit, border crossing
    card, alien registration receipt card, or other document prescribed
    by statute or regulation for entry into or as evidence of
    authorized stay or employment in the United States, or utters,
    uses, attempts to use, possesses, obtains, accepts, or receives any
    such visa, permit, border crossing card, alien registration receipt
    card, or other document prescribed by statute or regulation for
    entry into or as evidence of authorized stay or employment in the
    United States, knowing it to be forged, counterfeited, altered, or
    falsely made, or to have been procured by means of any false claim
    or statement, or to have been otherwise procured by fraud or
    unlawfully obtained; or
      Whoever, except under direction of the Attorney General or the
    Commissioner of the Immigration and Naturalization Service, or
    other proper officer, knowingly possesses any blank permit, or
    engraves, sells, brings into the United States, or has in his
    control or possession any plate in the likeness of a plate designed
    for the printing of permits, or makes any print, photograph, or
    impression in the likeness of any immigrant or nonimmigrant visa,
    permit or other document required for entry into the United States,
    or has in his possession a distinctive paper which has been adopted
    by the Attorney General or the Commissioner of the Immigration and
    Naturalization Service for the printing of such visas, permits, or
    documents; or
      Whoever, when applying for an immigrant or nonimmigrant visa,
    permit, or other document required for entry into the United
    States, or for admission to the United States personates another,
    or falsely appears in the name of a deceased individual, or evades
    or attempts to evade the immigration laws by appearing under an
    assumed or fictitious name without disclosing his true identity, or
    sells or otherwise disposes of, or offers to sell or otherwise
    dispose of, or utters, such visa, permit, or other document, to any
    person not authorized by law to receive such document; or
      Whoever knowingly makes under oath, or as permitted under penalty
    of perjury under section 1746 of title 28, United States Code,
    knowingly subscribes as true, any false statement with respect to a
    material fact in any application, affidavit, or other document
    required by the immigration laws or regulations prescribed
    thereunder, or knowingly presents any such application, affidavit,
    or other document which contains any such false statement or which
    fails to contain any reasonable basis in law or fact -
      Shall be fined under this title or imprisoned not more than 25
    years (if the offense was committed to facilitate an act of
    international terrorism (as defined in section 2331 of this
    title)), 20 years (if the offense was committed to facilitate a
    drug trafficking crime (as defined in section 929(a) of this
    title)), 10 years (in the case of the first or second such offense,
    if the offense was not committed to facilitate such an act of
    international terrorism or a drug trafficking crime), or 15 years
    (in the case of any other offense), or both.
      (b) Whoever uses -
        (1) an identification document, knowing (or having reason to
      know) that the document was not issued lawfully for the use of
      the possessor,
        (2) an identification document knowing (or having reason to
      know) that the document is false, or
        (3) a false attestation,
    for the purpose of satisfying a requirement of section 274A(b) of
    the Immigration and Nationality Act, shall be fined under this
    title, imprisoned not more than 5 years, or both.
      (c) 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 title V of the Organized Crime
    Control Act of 1970 (18 U.S.C. note prec. 3481).(!1) For purposes
    of this section, the term "State" means a State of the United
    States, the District of Columbia, and any commonwealth, territory,
    or possession of the United States.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 771; June 27, 1952, ch. 477,
    title IV, Sec. 402(a), 66 Stat. 275; Pub. L. 94-550, Sec. 5, Oct.
    18, 1976, 90 Stat. 2535; Pub. L. 99-603, title I, Sec. 103(a), Nov.
    6, 1986, 100 Stat. 3380; Pub. L. 100-525, Sec. 2(c), Oct. 24, 1988,
    102 Stat. 2610; Pub. L. 101-647, title XXXV, Sec. 3550, Nov. 29,
    1990, 104 Stat. 4926; Pub. L. 103-322, title XIII, Sec.
    130009(a)(4), (5), title XXXIII, Sec. 330011(p), Sept. 13, 1994,
    108 Stat. 2030, 2145; Pub. L. 104-208, div. C, title II, Secs.
    211(a)(2), 214, Sept. 30, 1996, 110 Stat. 3009-569, 3009-572; Pub.
    L. 104-294, title VI, Sec. 607(m), Oct. 11, 1996, 110 Stat. 3512;
    Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(3), Nov. 2, 2002,
    116 Stat. 1806.)

HISTORICAL AND REVISION NOTES

      Based on section 220 of title 8, U.S.C., 1940 ed., Aliens and
    Nationality (May 26, 1924, ch. 190, Sec. 22, 43 Stat. 165).
      Words "upon conviction thereof" were omitted as surplusage since
    punishment can be imposed only after a conviction.
      Fine of $10,000 was reduced to $2,000 to conform with sections
    embracing offences of comparable gravity.
      Minor changes were made in phraseology.

REFERENCES IN TEXT

      The immigration laws, referred to in subsec. (a), are classified
    generally to Title 8, Aliens and Nationality. See also section
    1101(a)(17) of Title 8.
      Section 274A(b) of the Immigration and Nationality Act, referred
    to in subsec. (b), is classified to section 1324a(b) of Title 8.
      Title V of the Organized Crime Control Act of 1970, referred to
    in subsec. (c), is title V of Pub. L. 91-452, Oct. 15, 1970, 84
    Stat. 933, which was set out as a note preceding section 3481 of
    this title, and was repealed by Pub. L. 98-473, title II, Sec.
    1209(b), Oct. 12, 1984, 98 Stat. 2163. See section 3521 et seq. of
    this title.

AMENDMENTS

      2002 - Subsec. (a). Pub. L. 107-273 substituted "to facilitate"
    for "to facility" in concluding par.
      1996 - Subsec. (a). Pub. L. 104-208 substituted "which contains
    any such false statement or which fails to contain any reasonable
    basis in law or fact" for "containing any such false statement" in
    fourth par. and "imprisoned not more than 25 years (if the offense
    was committed to facilitate an act of international terrorism (as
    defined in section 2331 of this title)), 20 years (if the offense
    was committed to facilitate a drug trafficking crime (as defined in
    section 929(a) of this title)), 10 years (in the case of the first
    or second such offense, if the offense was not committed to
    facility such an act of international terrorism or a drug
    trafficking crime), or 15 years (in the case of any other offense)"
    for "imprisoned not more than 10 years" in concluding par.
      Subsec. (c). Pub. L. 104-294 inserted at end "For purposes of
    this section, the term 'State' means a State of the United States,
    the District of Columbia, and any commonwealth, territory, or
    possession of the United States."
      1994 - Subsec. (a). Pub. L. 103-322, Sec. 330011(p), amended
    directory language of Pub. L. 101-647, Sec. 3550. See 1990
    Amendment note below.
      Pub. L. 103-322, Sec. 130009(a)(4), substituted "10 years" for
    "five years" in concluding par.
      Subsec. (b). Pub. L. 103-322, Sec. 130009(a)(5), in concluding
    provisions, substituted "under this title, imprisoned not more than
    5 years" for "in accordance with this title, or imprisoned not more
    than two years".
      1990 - Subsec. (a). Pub. L. 101-647, Sec. 3550, as amended by
    Pub. L. 103-322, Sec. 330011(p), substituted "Shall be fined under
    this title" for "Shall be fined in accordance with this title" in
    concluding par.
      1988 - Pub. L. 100-525 amended Pub. L. 99-603. See 1986 Amendment
    note below.
      1986 - Pub. L. 99-603, as amended by Pub. L. 100-525, substituted
    "other documents" for "other entry documents" in section catchline,
    designated existing provisions as subsec. (a), substituted "permit,
    border crossing card, alien registration receipt card, or other
    document prescribed by statute or regulation for entry into or as
    evidence of authorized stay or employment in the United States" for
    "or other document required for entry into the United States" and
    for "or document" in first par., substituted "in accordance with
    this title" for "not more than $2,000" in concluding par., and
    added subsecs. (b) and (c).
      1976 - Pub. L. 94-550 inserted ", or as permitted under penalty
    of perjury under section 1746 of title 28, United States Code,
    knowingly subscribes as true," after "Whoever knowingly makes under
    oath" in fourth par.
      1952 - Act June 27, 1952, made section applicable to entry
    documents other than visas and permits.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by section 211(a)(2) of Pub. L. 104-208 applicable with
    respect to offenses occurring on or after Sept. 30, 1996, see
    section 211(c) of Pub. L. 104-208, set out as a note under section
    1028 of this title.
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Section 330011(p) of Pub. L. 103-322 provided that the amendment
    made by that section is effective as of the date on which section
    3550 of Pub. L. 101-647 took effect.
                     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 Title 8, Aliens and Nationality.

TRANSFER OF FUNCTIONS

      Functions vested by law in Attorney General, Department of
    Justice, or any other officer or any agency of that Department,
    with respect to the inspection at regular inspection locations at
    ports of entry of persons, and documents of persons, entering or
    leaving the United States, were to have been transferred to
    Secretary of the Treasury by 1973 Reorg. Plan No. 2, Sec. 2, eff.
    July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in the Appendix
    to Title 5, Government Organization and Employees. The transfer was
    negated by section 1(a)(1), (b) of Pub. L. 93-253, Mar. 16, 1974,
    88 Stat. 50, which repealed section 2 of 1973 Reorg. Plan No. 2,
    eff. July 1, 1973.
    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 Title 8, Aliens and Nationality.

FOOTNOTE

    (!1) See References in Text note below.