8 U.S. Code § 1324c - Penalties for document fraud (2025)

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 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.

Amendments

1996—Subsec. (a)(1). Pub. L. 104–208, § 212(a)(1), inserted “or to obtain a benefit under this chapter” before 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), substituted “each document that is the subject of a violation under subsection (a)” for “each document used, accepted, 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 subsection” 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 vacation (or within 60 days of the date of decision and order of an administrative law judge if not so modified or vacated) the decision and order is referred to the Attorney General pursuant to regulations” for “unless, within 30 days, the Attorney General modifies or vacates the decision and order”.

Subsec. (d)(7). Pub. L. 104–208, § 308(g)(10)(D), substituted “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 Control Act of 1970 (18 U.S.C. note prec. 3481)”.

1991—Subsec. (a)(2) to (4). Pub. L. 102–232 inserted “or to provide” after “receive” in pars. (2) and (4) and “or to provide or attempt to provide” after “attempt to use” in par. (3).

Effective Date of 1996 Amendment

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 added by subsection (b), applies to the preparation of applications before, on, or after the date of the enactment of this Act [Sept. 30, 1996].”

Amendment by section 308(g)(10)(D) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title.

Amendment by section 379(a) of Pub. L. 104–208 applicable to orders issued on or after Sept. 30, 1996, see section 379(b) of Pub. L. 104–208, set out as a note under section 1324a of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title.

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.

Effective Date

Section applicable to persons or entities that have committed violations on or after Nov. 29, 1990, see section 544(d) of Pub. L. 101–649, as amended, set out as an Effective Date of 1990 Amendment note under section 1227 of this title.

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.

8 U.S. Code § 1324c -  Penalties for document fraud (2025)

FAQs

What is the penalty for falsifying federal documents? ›

Filing a False or Forged Document is a felony that is punishable by up to three years in prison and substantial court fines. For defendants accused of filing multiple forged documents, each document filed may be punished separately.

What is the penalty for falsifying immigration documents? ›

Penalties range from up to 10 years for a first offense and up to 25 years if terrorism is involved; Making false statements to obtain a visa – 18 U.S.C.

What is the US code for falsifying documents? ›

18 U.S.C. 1002 makes it a federal offense to possess false documents with the intent to defraud. It's a federal crime to possess or use false, forged, or counterfeit documents with intent to defraud.

What is the civil penalty under INA 274C? ›

INA §274C, added by the Immigration Act of 1990, imposes civil penalties for document fraud. Leaving the criminal penalties for document fraud unchanged, §274C allows for the civil trial of matters that previously had been considered exclusively...

What is considered falsifying documentation? ›

Falsification of documents can involve making false statements on any documents with the intention to defraud another person or organization. It is a white collar crime that can be labeled in varying ways depending on the state where the crime has been committed.

What are two of the most commonly forged documents? ›

The most common types of forged documents include: Fraudulent passports. False driver's licenses. Forged account numbers and signatures on a check.

What are the consequences of lying to USCIS? ›

As you can see, lying to an immigration officer can have extreme consequences including permanent inadmissibility, deportability, and not being allowed to apply for U.S. citizenship. While you might not always want to answer a question that a U.S. immigration officer asks, it is always a bad idea to lie.

How does USCIS investigate unauthorized work? ›

Generally, the US government can determine whether or not a person is employed without authorization by checking out tax returns, resumes, and visa support letters.

Can you report a person lying on immigration forms? ›

Find out how to report an immigration violation. Call 1-866-347-2423, the ICE Homeland Security Investigations Tip Line, to report an immigration violation from the U.S. or Canada. If you are in another country, call 1-802-872-6199.

What counts as document forgery? ›

Forgery can refer to a completely fabricated document or a document that has been altered to show fraudulent information. Forging or counterfeiting a document is a criminal offense, as is knowingly using or possessing a forged or counterfeit document.

What is the legal term for a fake document? ›

Under common law, forgery is a crime committed when a person creates or alters a legal instrument with the intent to defraud. False documents are frequently used to describe forged records, and counterfeit is used to describe forged money or currency.

What is the offense of falsification? ›

Penal Code § 115 PC makes it a crime knowingly to file, register, or record a false or forged document in any public office within the state. Doing so is a felony punishable by up to three years in jail or prison.

What are the penalties for violating immigration laws? ›

§ 1324(a), proof of knowledge or reckless disregard of alienage is sufficient. Penalties -- The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both.

What is the civil penalty for AO according to 31 USC 3802? ›

§3802.

(C) contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement, shall be subject to, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each such statement.

What is unlawful conduct with respect to immigration documents? ›

18 U.S. Code § 1597 - Unlawful conduct with respect to immigration documents. in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual.

What is the penalty for lying on a government form? ›

Making a false statement to a federal agent, a financial institution or a government entity is a crime all alone. If convicted of 18 U.S.C. § 1001, you are facing five or eight years in federal prison, depending on specific facts of the offense.

What is the punishment for destroying federal documents? ›

Any custodian of a public record who "willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys (any record) shall be fined not more than $2,000 or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United ...

What is the penalty for federal false claims act? ›

For any violations that occurred after November 2, 2015, but that are assessed after February 12, 2024, the adjusted penalties will be applied. The minimum False Claims Act penalty will increase from $13,508 to $13,946 per claim, and the maximum penalty will increase from $27,018 to $27,894 per claim.

What is the UCMJ for falsifying government documents? ›

Service members convicted of Article 107 for false official statement violations face a maximum punishment of dishonorable discharge, forfeiture of all pay and allowances, and five years' confinement.

References

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