Order Code RL32657
CRS Report for Congress
Received through the CRS Web
Immigration-Related Document Fraud:
Overview of Civil, Criminal, and
Immigration Consequences
Updated September 5, 2006
Michael John Garcia
Legislative Attorney
American Law Division
Congressional Research Service ˜ The Library of Congress

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Immigration-Related Document Fraud: Overview of
Civil, Criminal, and Immigration Consequences
Summary
In order to enter or remain in the United States and be eligible for various
immigration-related benefits, non-citizens (aliens) must comply with a number of
document requirements under the Immigration and Nationality Act (INA). Attempts
to circumvent these requirements are generally prohibited. Under the INA, an alien
who uses, acquires, or produces fraudulent documents for immigration-related
purposes may be subjected to civil penalties and denied certain immigration benefits.
Additionally, certain fraudulent actions may carry criminal penalties under both the
INA or the United States Criminal Code. This report discusses the primary civil,
criminal, and immigration-related penalties associated with immigration-related
document fraud. It also briefly discusses two notable proposals introduced in the
109th Congress that would heighten the consequences of immigration-related
document fraud: (1) H.R. 4437, the Border Protection, Antiterrorism, and Illegal
Immigration Control Act of 2005, which was introduced by Representative James
Sensenbrenner on December 6, 2005 and passed the House as amended on December
16, 2005 by a vote of 239-to-182; and (2) S. 2611, the Comprehensive Immigration
Reform Act of 2006, which was introduced by Senator Arlen Specter on April 7,
2006, and passed the Senate as amended on May 25, 2006, by a vote of 62-to-36.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Civil Penalties for Immigration-Related Document Fraud . . . . . . . . . . . . . . 2
Criminal Penalties for Immigration-Related Document Fraud . . . . . . . . . . . 4
Criminal Penalties under INA § 274C . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Criminal Penalties for Fraud, Forgery, and Misuse of Visas
and Other Immigration-Related Documents . . . . . . . . . . . . . . . . . 5
Criminal Penalties for Fraud or False Statements Relating
to Naturalization, Citizenship, or Alien Registry . . . . . . . . . . . . . . 6
General Criminal Penalties for Document Fraud . . . . . . . . . . . . . . . . . . 7
Consequences of Immigration-Related Document Fraud upon Admission,
Removal, and Eligibility for Immigration-Related Benefits . . . . . . . . . 9
Effects of Immigration-Related Document Fraud upon
Inadmissibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Other Immigration Consequences of Immigration-Related
Document Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Recent Legislative Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

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Immigration-Related Document Fraud:
Overview of Civil, Criminal, and
Immigration Consequences
Introduction
Reliable documents that accurately indicate the status and identity of the bearer
are critical to the effective administration of immigration law. A range of documents,
including immigrant and nonimmigrant visas, permits, border crossing cards, and
alien registration receipt cards, may enable an alien to enter the United States and/or
be eligible for various benefits for the duration of his or her stay. The integrity of the
immigration system depends on the genuineness of (1) the documents indicating the
eligibility of a non-citizen (alien) to enter and remain in the United States or receive
certain benefits and (2) the records and papers submitted to obtain such documents.
To enter or remain in the United States and be eligible for various immigration-
related benefits, aliens must comply with a number of document requirements under
the Immigration and Nationality Act (INA),1 as amended. Attempts to circumvent
these document requirements have been prohibited and punishable at least since
1924.2 Under the INA, an alien who uses, acquires, or produces fraudulent
documents for immigration-related purposes may be subjected to civil penalties and
denied certain immigration benefits, including the ability to enter or remain in the
United States. Further, certain fraudulent actions may carry criminal penalties under
both the INA and the United States Criminal Code. This report discusses the primary
civil, criminal, and immigration-related penalties associated with immigration-related
document fraud.
Beyond current law, further strengthening the security of identification
documents is a core component of the recommendations made by the National
Commission on Terrorist Attacks Upon the United States (also known as the 9/11
Commission). The Intelligence Reform and Terrorism Prevention Act of 2004 (P.L.
108-458) includes a number of provisions aimed at reducing document fraud.
Although the House-passed version of the Act included a number of provisions
1 Although “document” is not defined statutorily by the INA, for purposes of assessing
document fraud, immigration regulations define the term as any “instrument on which is
recorded, by means of letters, figures, or marks, matters which may be used to fulfill any
requirement” of the INA. 8 C.F.R. §§ 270.1, 1270.1. This definition “includes, but is not
limited to, an application required to be filed under...the [INA] and any other accompanying
document or material.” Id.
2 See Noriega-Perez v. United States, 179 F.3d 1166, 1173 (9th Cir. 1999).

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concerning immigration-related document fraud, most of these provisions were
ultimately omitted from the final version.3
Civil Penalties for Immigration-Related Document Fraud
The primary provision of the INA concerning immigration-related document
fraud is INA § 274C.4 In general, INA § 274C prohibits the fraudulent production,
use, or possession of documents in order to either (1) acquire benefits under the INA
or (2) satisfy an INA requirement.5 Specifically, INA § 274C makes it unlawful for
any person or entity (including non-aliens) to knowingly
! forge, counterfeit, alter, or falsely make6 any document for the
purpose of satisfying an INA requirement or obtaining a benefit
under the INA;
! use, attempt to use, possess, obtain, accept, receive, or provide any
forged, counterfeit, altered, or falsely made document for the
purpose of satisfying an INA requirement or obtaining a benefit
under the INA;
! use, attempt to use, provide, or attempt to provide any document
lawfully issued to or with respect to a person other than the
possessor for the purpose of satisfying an INA requirement or
obtaining a benefit under the INA;
! accept, receive or provide any document lawfully issued to or with
respect to a person other than the possessor for the purpose of
3 The House-passed version of S. 2845, which as amended ultimately became the
Intelligence Reform and Terrorism Prevention Act of 2004, contained as a substitute the
provisions of H.R. 10, the 9/11 Recommendations Implementation Act, as amended,
introduced by the Speaker of the House of Representatives Dennis Hastert and passed by
the House on October 8, 2004. The Senate-passed version of S. 2845, as amended, was
introduced by Senators Susan Collins and Joseph Lieberman and passed by the Senate on
October 8, 2004. For a detailed discussion of these bills, see CRS Report RL32635, H.R. 10
(9/11 Recommendations Implementation Act) and S. 2845 (National Intelligence Reform Act
of 2004): A Comparative Analysis.
4 8 U.S.C. § 1324c.
5 Though of broader application, INA § 274C was enacted in large part to address the use
of false documents to satisfy the work eligibility requirements under employer sanctions
provisions, and most reported cases have involved the presentation of fraudulent “green
cards,” social security cards, or other documents to demonstrate legal eligibility to work.
E.g., United States v. Remileh, No. 94C00139, 1995 OCAHO LEXIS 4 (Office of the Chief
Administrative Hearing Officer 1995).
6 For purposes of INA § 274C, 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 (1) contains a false or fraudulent statement or material
representation; (2) has no basis in law or fact; or (3) otherwise fails to state a fact material
to the purpose for which the application or document was submitted to immigration
authorities. 8 U.S.C. § 1324c(f).

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complying with INA § 274A(b) (relating to alien employment
verification)7 or obtaining a benefit under the INA;
! prepare, file, or assist another in preparing or filing, any application
for benefits under the INA, or any document required under the INA,
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
! 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 subsequently fail to present
such document to an immigration officer upon arrival at a United
States port of entry.8
Persons or entities found to have violated INA § 274C may be ordered to cease
and desist engaging in the unlawful activity and assessed a civil money penalty. In
the case of first-time offenders, this penalty is between $275 and $2,200 for each
fraudulent document or proscribed activity (and between $250 and $2,000 for each
violation prior to September 1999).9 For subsequent offenses, the civil penalty is
between $2,200 and $5,500 (and between $2,000 and $5,000 for each violation prior
to September 1999).10
Immigration authorities may investigate allegations of document fraud either on
their own initiative or upon receiving third-party complaints with a substantial
probability of validity.11 Immigration authorities may issue subpoenas to examine
evidence against persons or entities being investigated.12 If immigration authorities
conclude that a person or entity has violated § 274C, they may issue a Notice of
7 INA § 274A generally prohibits persons or entities from employing an alien if the alien is
known to be an unauthorized alien. 8 U.S.C. § 1324a. It requires employers to complete an
Employment Eligibility Verification form (Form I-9) for each individual they hire for
employment in the United States, verifying the employee’s eligibility for employment and
the facial legitimacy of the identification documents presented by the employee to
demonstrate his eligibility to the employer. Persons or entities who violate § 274A are
subject to civil penalties, in addition to criminal penalties if they have engaged in a pattern
or practice of employing unauthorized aliens. If an alien presents false documentation in
order to obtain employment in the United States, he or she may be subject to civil and
criminal penalty. See INA § 274C(a)(2),(4), 8 U.S.C. § 1324c(a)(2),(4) (providing civil
penalties for immigration-related document fraud); 18 U.S.C. § 1546(b); 18 U.S.C. § 1015
(criminalizing the making of any false statement or claim relating to citizenship,
naturalization, or alien registry); 18 U.S.C. § 1028 (assessing criminal penalties for various
forms of document fraud).
8 8 U.S.C. § 1324c(a).
9 8 C.F.R. §§ 270.3(b)(1)(ii)(A), 1270.3(b)(1)(ii)(A).
10 8 C.F.R. §§ 270.3(b)(1)(ii)(B), 1270.3(b)(1)(ii)(B).
11 8 C.F.R. § 270.2.
12 INA § 274C(d)(1), 8 U.S.C. § 1324c(d)(1); 8 C.F.R. § 270.2(c).

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Intent to Fine the alleged offender.13 If the alleged offender contests the issuance of
the Notice of Intent to Fine, the respondent may request a hearing regarding the
alleged violation within 60 days.14 Hearings are conducted by administrative law
judges under the supervision of the Chief Administrative Hearing Officer of the
Department of Justice’s Executive Office of Immigration Review.15 If a hearing is
not requested within this period, or the respondent otherwise waives the right to a
hearing, a final order may be issued by immigration authorities.16 If a hearing is
requested, an immigration judge may issue a final order imposing civil penalties if
the preponderance of evidence indicates that the accused has violated the
requirements of INA § 274C.17
The civil penalties for violating § 274C may be waived in limited circumstances
for aliens who failed to show the same immigration documents to U.S. immigration
authorities as were used to board the carrier to travel to the United States, if the alien
is granted asylum or withholding of removal.18
Criminal Penalties for Immigration-Related Document Fraud
An alien’s unauthorized presence within the United States — i.e., being an
“illegal alien” — is not a crime in and of itself.19 However, many types of
immigration-related document fraud that may facilitate an alien’s entry into or
continued presence within the United States are criminal offenses. The following
sections will discuss the primary criminal statutes covering immigration-related
document fraud, many of which are overlapping in coverage with civil statutes
prohibiting immigration-related document fraud.20 In addition to these statutes, a
number of other criminal statutes can potentially be used to prosecute aliens for
13 8 C.F.R. § 270.2(d).
14 8 C.F.R. § 270.2(d).
15 28 C.F.R. part 68.
16 8 C.F.R. § 270.2.
17 INA § 274C(d)(2); 8 U.S.C. § 1324c(d)(2).
18 INA § 274C(d)(7).
19 Unlawful presence is only a criminal offense when an alien is found in the United States
after having been formally removed or after departing the United States while a removal
order was outstanding. INA § 276; 8 U.S.C. § 1326. Legislation has been introduced in the
109th Congress to make unauthorized presence a crime. See H.R. 4437, § 203 (as passed by
the House) (2005).
20 The assessment of a civil penalty for document fraud probably does not prevent the
federal government from seeking criminal penalties, as well. See Hudson v. United States,
522 U.S. 93 (1997) (double jeopardy clause of the U.S. Constitution protects only against
imposition of multiple criminal punishments for the same offense, and civil remedy statutes
will generally not be implicated unless civil sanctions are “so punitive either in purpose or
effect as to transform what was clearly intended as a civil remedy into a criminal penalty”);
Noriega-Perez v. United States, 179 F.3d 1166, 1172-74 (9th Circ. 1999) (applying Hudson
test and concluding that fines assessed against a person under INA § 274C were civil rather
than criminal in nature, and therefore did not raise double jeopardy considerations).

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document fraud in certain circumstances.21 Further, persons may be held criminally
liable for aiding and abetting or conspiring to commit such offenses.22
Criminal Penalties under INA § 274C. Besides imposing civil penalties
for immigration-related document fraud, INA § 274C also includes criminal penalties
for those who prepare or assist in preparing fraudulent immigration documents for
a fee or other remuneration. More particularly, failure to disclose a role in the
preparation of a falsely made application for immigration benefits may result in a fine
and/or imprisonment for up to five years, as well as being prohibited from preparing
or assisting in the preparation of any other such applications in the future.23
Subsequent offenses are subject to fines and imprisonment for up to 15 years.24
Criminal Penalties for Fraud, Forgery, and Misuse of Visas and
Other Immigration-Related Documents. A much broader criminal provision
than § 274C of the INA, section 1546 of the United States Criminal Code (18 U.S.C.
§ 1546) makes it a criminal offense for a person to knowingly produce, use, or
facilitate the production or use of fraudulent, immigration-related documents such
as immigrant or nonimmigrant visas, permits, border crossing cards, alien registration
receipt cards, and other documents prescribed by immigration-related statute or
regulation. Activities prohibited include knowingly
! forging, counterfeiting, altering, or falsely making 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;
21 See, e.g., INA § 275(a), 8 U.S.C. § 1325(a) (prohibiting aliens from attempting to enter
or obtaining entry to the United States by a willfully false or misleading representation or
the willful concealment of a material fact, subject to a fine and/or imprisonment of up to six
months for the first offense and up to two years for each subsequent offense); 18 U.S.C. §
911 (prohibiting persons from falsely claiming U.S. citizenship, subject to a fine and/or up
to three years imprisonment); 18 U.S.C. § 1001 (prohibiting persons from making false
material representations to the United States, subject to a fine and/or up to five years
imprisonment); 18 U.S.C. § 1002 (prohibiting the possession of false documents with the
intent to enable the defrauding of the United States of a sum of money, subject to fine and/or
imprisonment of up to five years); 18 U.S.C. §§ 1541-44 (prohibiting passport fraud and
misuse, subject to a fine and/or imprisonment of up to either 25 years (if the offense was
committed to facilitate an act of international terrorism), 20 years (if the offense was
committed to facilitate a drug trafficking crime), 10 years (in the case of the first or second
such offense, if the offense was not committed to facilitate either an act of international
terrorism or a drug trafficking crime), or 15 years (in the case of any other offense)).
22 18 U.S.C. § 2 (aiding and abetting); 18 U.S.C. § 371 (conspiracy).
23 INA § 274C(e)(1); 8 U.S.C. § 1324c(e)(1). “Falsely make” is defined by INA § 274C(f)
as preparing or providing 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.” 8 U.S.C.
§ 1324c(f).
24 INA § 274C(e)(2); 8 U.S.C. § 1324c(e)(2).

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! using or attempting to use, possessing, obtaining, or acquiring any
such fraudulent document knowing that it was made or obtained
unlawfully;
! possessing blank immigration-related permits, engraving plates, or
document-producing materials;
! impersonating another to evade immigration laws or apply for an
immigrant or nonimmigrant visa, permit, or other document required
for entry into the United States;
! offering to sell or otherwise dispose of another person’s visa, permit,
or other immigration-related document to any person not authorized
by law to receive such document;
! making false statements with respect to a material fact in any
application, affidavit or other document required by immigration
laws and regulations; or
! presenting any document required by immigration laws and
regulations that is known to either contain false statements or lack
any reasonable basis in law or fact.
Persons convicted of violating § 1546(a) are subject to a fine and/or
imprisonment up to either 25 years (if the offense was committed to facilitate an act
of international terrorism), 20 years (if the offense was committed to facilitate a drug
trafficking crime), 10 years (in the case of the first or second such offense, if the
offense was not committed to facilitate either an act of international terrorism or a
drug trafficking crime), or 15 years (in the case of any other offense).25
Section 1546(b) criminalizes the use of fraudulent documents or false attestation
to satisfy INA verification requirements relating to the employment of aliens.26
Persons who violate this provision are subject to a fine and/or imprisonment for up
to five years.
Criminal Penalties for Fraud or False Statements Relating to
Naturalization, Citizenship, or Alien Registry. Section 1015 of the United
States Criminal Code (18 U.S.C. § 1015) criminalizes acts of fraud relating to
naturalization, citizenship, or alien registry. Specifically, it is a criminal offense for
a person to knowingly
! make any false statement under oath, in any case, proceeding, or
matter relating to, or under, or by virtue of any law of the United
States relating to naturalization, citizenship, or registry of aliens;
! with intent to avoid any duty or liability imposed or required by law,
deny that he or she has been naturalized or admitted to be a citizen,
after having been so naturalized or admitted;
! use or attempting to use any certificate of arrival, declaration of
intention, certificate of naturalization, certificate of citizenship or
other documentary evidence of naturalization or of citizenship, or
any duplicate or copy thereof, knowing the same to have been
25 18 U.S.C. § 1546(a).
26 INA § 274A; 8 U.S.C. § 1324a.

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procured by fraud or false evidence or without required appearance
or hearing of the applicant in court or otherwise unlawfully obtained;
! make any false certificate, acknowledgment or statement concerning
the appearance before him or her or the taking of an oath or
affirmation or the signature, attestation or execution by any person
with respect to any application, declaration, petition, affidavit,
deposition, certificate of naturalization, certificate of citizenship or
other paper or writing required or authorized by the laws relating to
immigration, naturalization, citizenship, or registry of aliens;
! make any false statement or claim that he is, or at any time has been,
a citizen or national of the United States, with the intent to obtain,
for himself or another, any federal or state benefit or service, or to
engage unlawfully in employment in the United States; or
! make any false statement or claim that he or she is a citizen of the
United States in order to register to vote or to vote in any U.S.
election.27
Persons convicted of such offenses are subject to fine and/or imprisonment for
up to five years.
General Criminal Penalties for Document Fraud. Section 1028 of the
United States Criminal Code (18 U.S.C. § 1028) criminalizes fraud and related
activity in connection with identification documents and document authentication
features. Specifically, it is a criminal offense for an individual to knowingly
! produce an identification document, authentication feature, or a false
identification document without lawful authority;
! transfer an identification document, authentication feature, or a false
identification document knowing that such document or feature was
stolen or produced without lawful authority;
! possess with intent to use unlawfully or transfer unlawfully five or
more identification documents (other than those issued lawfully for
the use of the possessor), authentication features, or false
identification documents;
! possess an identification document (other than one issued lawfully
for the use of the possessor), authentication feature, or a false
identification document, with the intent such document or feature be
used to defraud the United States;
! produce, transfer, or possess a document-making implement or
authentication feature with the intent such document-making
implement or authentication feature will be used to produce a false
identification document or to make another document-making
27 18 U.S.C. § 1015. However, an alien is not subject to criminal penalty for making a claim
of citizenship in order to vote or register to vote in an election if each parent of the alien is
or was a U.S. citizen, the alien permanently resided in the United States prior to attaining
the age of 16, and the alien reasonably believed at the time of making the false statement or
claim that he or she was a citizen of the United States.

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implement or authentication feature that will be used to produce a
false identification document;
! possess an identification document or authentication feature that is
or appears to be an identification document or authentication feature
of the United States, knowing that such document or feature was
stolen or produced unlawfully;
! transfer, possess, or use, without lawful authority, a means of
identification of another person with the intent to commit, or to aid
or abet, or in connection with a violation of federal law or a state or
local felony; or
! traffic in false or actual authentication features for use in false
identification documents,28 document-making implements, or means
of identification.29
In general, persons convicted of such offenses are subject to a fine and/or
imprisonment for up to one, five, or 15 years, depending on the particular offense and
circumstances, including whether the fraudulently produced or obtained identification
document or authentication feature is or appears to be (1) issued by or under the
authority of the United States or (2) a birth certificate, a driver’s license, or personal
identification card.30 A person convicted of an offense under this section is subject
to imprisonment for up to 20 years if he or she (1) has previously been convicted of
an offense under this section, (2) committed an offense under this section to facilitate
a drug trafficking crime, or (3) committed an offense under this section in connection
with a crime of violence.31
The Intelligence Reform and Terrorism Prevention Act of 2004 raised the
maximum criminal penalty from 25 to 30 years imprisonment for persons who
commit an offense under § 1028 to facilitate an act of terrorism.32
28 The REAL ID Act of 2005 amended 18 U.S.C. § 1028 to make it a crime to traffic in
actual authentication features for use in false identification documents, document-making
implements, or means of identification. Previously, the statute had only prohibited the
trafficking of false authentication features. P.L. 109-13, Division B, § 203 (2005).
29 18 U.S.C. § 1028(a).
30 18 U.S.C. § 1028(b).
31 18 U.S.C. § 1028(b)(3).
32 P.L. 108-458, § 7216 (amending 18 U.S.C. § 1028(b)(4)). The version of the Intelligence
Reform and Terrorism Prevention Act that initially passed the House would have extended
the applicability of § 1028 to cover fraud and related activity involving an identification
document, authentication feature, or false identification document that is or appears to be
issued by a state, a political subdivision of a state, a foreign government, a political
subdivision of a foreign government, or an international government or quasi-governmental
organization. Additionally, it would have raised the maximum prison sentences for various
violations of § 1028 which were not committed to facilitate terrorist activity.

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Consequences of Immigration-Related Document Fraud upon
Admission, Removal, and Eligibility for Immigration-Related
Benefits
Immigration-related document fraud also bears upon an alien’s eligibility to
enter or remain in the United States, and in certain circumstances such fraud may
make the alien ineligible for certain other immigration-related benefits. These
statutory grounds may be waived by immigration authorities in certain circumstances.
Effects of Immigration-Related Document Fraud upon
Inadmissibility. The INA categorizes certain classes of aliens as inadmissible —
“ineligible to receive visas and ineligible to be admitted to the United States.”33 Any
alien who has, by fraud or willful misrepresentation of a material fact, sought to
procure or has procured either admission into the United States or a benefit under the
INA is inadmissible.34 A final order under INA § 274C is not necessary to make such
a determination, though a final order is also a specific ground for inadmissibility.35
An alien who falsely represents himself or herself to be a U.S. citizen for any purpose
or benefit under the INA or any other federal or state law is also inadmissible for life,
except under narrow circumstances.36 There is no immigrant waiver available for
inadmissibility on this ground.
A separate ground for inadmissibility exists for aliens who have been convicted
of or have admitted committing a crime of moral turpitude.37 Actions constituting
crimes of moral turpitude are defined by judicial and administrative case law rather
than by statute. In general, crimes that are considered to evidence an evil or
predatory intent constitute crimes of moral turpitude. Fraud, forgery, counterfeiting,
and perjury have all been recognized as crimes of moral turpitude.38 Accordingly,
immigration-related document fraud may also constitute a crime of moral turpitude
in certain circumstances, making the offending alien inadmissible.
33 INA § 212(a); 8 U.S.C. § 1182(a).
34 INA § 212(a)(6)(C)(i); 8 U.S.C. § 1182(a)(6)(C)(i).
35 INA § 212(a)(6)(F); 8 U.S.C. § 1182(a)(6)(F).
36 INA § 212(a)(6)(C)(ii); 8 U.S.C. § 1182(a)(6)(C)(ii). An alien will not be deemed
inadmissible if each parent of the alien is or was a U.S. citizen, the alien permanently
resided in the United States prior to attaining the age of 16, and the alien reasonably
believed at the time of making a representation of U.S. citizenship that he or she was a
citizen.
37 INA § 212(a)(2)(A)(1); 8 U.S.C. § 1182(a)(2)(A)(1).
38 See, e.g., Jordan v. De George, 341 U.S. 223 (1951) (fraud); Morales-Carrera v. Ashcroft,
74 Fed.Appx. 324 (5th Cir. 2003) (unpublished) (forgery); Balogun v. Ashcroft, 270 F.3d
274 (5th Cir.2001) (forgery); Morasch v. INS, 363 F.2d 30 (9th Cir. 1966) (forgery); United
States ex rel. Karpay v. Uhl, 70 F.2d 792 (2nd Cir.1934) (perjury); United States ex rel.
Boraca v. Schlotfeldt, 109 F.2d 106 (7th Cir. 1940) (perjury); In re Seda, 17 I. & N. Dec. 550
(BIA 1980) (forgery); Matter of A — , 5 I. & N. Dec. 52 (BIA 1953) (forgery).

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Effects of Immigration-Related Document Fraud upon Deportability.
Immigration-related document fraud is also a ground for deportability. Any alien
who is subject to a final order under INA § 274C is deportable, although this
designation may be waived if (1) the alien was admitted for lawful permanent
residence; (2) no previous civil money penalty was imposed against the alien under
§ 274C; and (3) the offense was committed solely to assist, aid, or support the alien’s
spouse or child (and no other individual).39 A violation, attempt to violate, or
conspiracy to violate § 1546 of the United States Criminal Code (relating to
removal.40 In certain circumstances, an alien who enters a fraudulent marriage to be
permitted entry into the United States or falsely claims U.S. citizenship is also
deportable.41 Further, criminal convictions for certain forms of immigration-related
document fraud may constitute either aggravated felonies under the INA or crimes
of moral turpitude, both of which constitute grounds for deportation.42
Other Immigration Consequences of Immigration-Related
Document Fraud. Immigration-related document fraud has a number of other
immigration consequences. As previously discussed, in certain circumstances
immigration-related document fraud may constitute either a crime of moral turpitude
or an aggravated felony. Aggravated felonies, crimes of moral turpitude, and falsely
giving testimony to receive INA benefits all prevent an alien from being found to
possess good moral character,43 which is a necessary requirement for an alien to
become a U.S. citizen.44 Such crimes may also limit an offending alien’s ability to
be granted certain benefits and remedies under the INA. Among the benefits that
may be denied in certain circumstances to an alien who has committed and/or been
convicted of immigration-related document fraud include the following:
! cancelling an alien’s removal from the United States (relief from
removal denied to legal permanent residents convicted of an
aggravated felony and nonpermanent residents who commit
immigration-related document fraud);
39 INA § 237(a)(3)(C); 8 U.S.C. § 1227(a)(3)(C).
40 INA § 237(a)(3)(B)(iii); 8 U.S.C. § 1227(a)(3)(B)(iii).
41 INA § 237(a)(1)(G), 8 U.S.C. § 1227(a)(1)(G) (relating to marriage fraud); INA §
237(a)(3)(D), 8 U.S.C. § 1227(a)(3)(D).
42 A violation of either 18 U.S.C. § 1546 (relating to fraud and misuse of visas, permits, and
other entry documents) or 18 U.S.C. § 1543 (relating to falsely making, forging,
counterfeiting, mutilating, or altering a passport or instrument) that results in at least 12
months’ imprisonment generally constitutes an aggravated felony making an alien
deportable. See INA § 101(a)(43)(P), 8 U.S.C. § 1101(a)(43)(P); INA § 237(a)(2)(A)(iii),
8 U.S.C. § 1227(a)(2)(A)(iii). Certain crimes relating to document fraud, such as forgery,
fraud, and perjury, are recognized as crimes of moral turpitude. See infra at 9 & n. 38. An
alien who is convicted of a crime of moral turpitude within five years of admission into the
United States (10 years for aliens who are assisting in the investigation of a criminal
organization) for which a sentence of a year or more may be imposed is deportable. INA
§ 237(a)(2)(A)(i), 8 U.S.C. § 1227(a)(2)(A)(i).
43 INA § 101(f); 8 U.S.C. § 1101(f).
44 INA § 316(a); 8 U.S.C. § 1427(a).

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! granting an alien asylum (relief from removal denied to aliens
convicted of an aggravated felony);
! withholding an alien’s removal from the United States (relief from
removal denied to aliens convicted of one or more aggravated
felonies with an aggregate sentence of five or more years, unless
they are more likely than not to face torture if removed);
! adjusting an alien’s status to legal permanent residency (benefit
denied to aliens designated as inadmissible, including those who
have committed document fraud);
! permitting the alien to voluntarily depart the United States before or
after a removal proceeding against the alien is completed (benefit
denied before or after a removal proceeding is completed to aliens
who have committed an aggravated felony, and also denied to aliens
seeking voluntary departure after proceedings have been completed
if the aliens have not possessed good moral character for the five
years preceding); and
! providing nationals of countries that have been designated as
experiencing widespread upheaval with temporary protected status
within the United States (benefit denied to aliens who have
committed crimes of moral turpitude, have multiple criminal
convictions, or have been convicted of one felony or two or more
misdemeanors in the United States).
Additional background on the immigration-related consequences of criminal
activity can be found in CRS Report RL32480, Immigration Consequences of
Criminal Activity, by Michael John Garcia and Larry M. Eig.
Recent Legislative Developments
Two notable proposals introduced in the 109th Congress would heighten the
consequences of immigration-related document fraud: (1) H.R. 4437, the Border
Protection, Antiterrorism, and Illegal Immigration Control Act of 2005, which was
introduced by Representative James Sensenbrenner on December 6, 2005 and passed
the House as amended on December 16, 2005, by a vote of 239-to-182; and (2) S.
2611, the Comprehensive Immigration Reform Act of 2006, which was introduced
by Senator Arlen Specter on April 7, 2006, and passed the Senate as amended on
May 25, 2006, by a vote of 62-to-36. Among other things, the bills would
! amend and rewrite chapter 75 of title 18 of the United States Code
(concerning fraud and misuse related to visas, passports, and other
travel and immigration documents), including by, inter alia, (1)
increasing the maximum sentences available for violations under the
chapter;45 (2) establishing new penalties for the unauthorized
trafficking of 10 or more passports or immigration documents within
any three-year period; (3) making it a crime to defraud any person on
a matter that is authorized by or arises under immigration laws (with
45 H.R. 4437 would also impose minimum sentence requirements for certain offenses under
chapter 75.

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specific provisions dealing with persons who knowingly
misrepresent themselves as attorneys in immigration matters); (4)
specifying that an attempt or conspiracy to commit a violation of any
provision of chapter 75 is punishable to the same degree as is a
completed violation of such provision; (5) permitting the seizure and
forfeiture of any property and/or proceeds traceable to a violation of
chapter 75; (6) extending criminal jurisdiction of chapter 75 to cover
violations occurring in the U.S. special maritime and territorial
jurisdiction as well as (in many cases) outside the United States; and
(7) specifying that material omissions of pertinent facts in the
preparation or completion of immigration constitute “false
statements or misrepresentations” for purposes of chapter 75 (H.R.
4437, S. 2611);
! provide special procedures for aliens believed to have committed
certain fraud-based offenses when such aliens declare an intention
to apply for humanitarian-based relief from removal (e.g., asylum,
refugee status, withholding of removal), and generally exempt such
aliens from criminal liability for such offenses if they are granted
relief from removal (S. 2611);
! amend the existing language of 18 U.S.C. § 1546 to make it a crime
to knowingly (1) distribute immigration-related documents such as
immigrant or nonimmigrant visas, permits, border crossing cards,
alien registration receipt cards, and other documents prescribed by
immigration-related statute or regulation or (2) forge, counterfeit,
alter, distribute, or falsely make any immigrant or nonimmigrant
visa, permit, border crossing cards, alien registration receipt cards,
and other documents prescribed by immigration-related statute or
regulation that are known to be unlawfully distributed (H.R. 4437);46
! heighten the criminal penalties for persons who knowingly enter into
marriages or commercial enterprises for the purpose of evading any
provision of the immigration laws, and establish new penalties for
certain conduct related to marriage fraud (H.R. 4437, S. 2611);
! make inadmissible any alien who falsely represents himself to be
either a U.S. citizen or national for the purpose of receiving a benefit
under the INA (current law only expressly covers false
representations of U.S. citizenship) (H.R. 4437, S. 2611);
! make inadmissible and deportable aliens who have (1) unlawfully
procured U.S. citizenship; (2) been convicted of defrauding,
attempting to defraud, or conspiring to defraud the Social Security
Administration; or (3) been convicted of committing, attempting to
commit, or conspiring to commit identification document-related
fraud pursuant to 18 U.S.C. § 1028 (H.R. 4437); and
! make inadmissible and deportable aliens who have been convicted
of a violation of, or an attempt or a conspiracy to violate, any section
of chapter 75 of title 18, United States Code (concerning fraud and
46 This provision of H.R. 4437 appears to conflict with another provision of the bill that
rewrites chapter 75 of title 18 of the United States Code.

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misuse related to visas, passports, and other travel and immigration
documents) (H.R. 4437, S. 2611).

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