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U.S. Code as of:
01/03/05
Section 1324c. Penalties for document fraud
(a) Activities prohibited
It is unlawful for any person or entity knowingly -
(1) to forge, counterfeit, alter, or falsely make any document
for the purpose of satisfying a requirement of this chapter or to
obtain 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 chapter or
to obtain a benefit under this chapter,
(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 individual)
for the purpose of satisfying a requirement 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 complying
with section 1324a(b) of this title or obtaining a benefit under
this chapter, or
(5) to prepare, file, or assist another in preparing or filing,
any application for benefits under this chapter, or any document
required under this chapter, 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
(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 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 chapter 224 of title 18.
(c) Construction
Nothing in this section shall be construed to diminish or qualify
any of the penalties available 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
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(A) immigration officers and administrative law judges shall
have reasonable access to examine evidence of any person or
entity being investigated,
(B) administrative law judges, may, if necessary, 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 subpoena 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 compliance 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
subsection (a) of this section, the Attorney General shall
provide 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 notice,
a hearing respecting the violation.
(B) Conduct of hearing
Any hearing so requested shall be conducted before an
administrative law judge. The hearing shall be conducted in
accordance with the requirements of section 554 of title 5. The
hearing shall be held at the nearest 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 imposition of the order shall constitute
a final and unappealable order.
(C) Issuance of orders
If the administrative law judge determines, upon the
preponderance of the evidence received, that a person or entity
has violated subsection (a) of this section, 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) of this section,
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) of this section, or
(B) in the case of a person or entity previously subject to
an order under this paragraph, not less than $2,000 and not
more than $5,000 for each document that is the subject of a
violation under subsection (a) of this section.
In applying this subsection in the case of a person or entity
composed of distinct, physically separate subdivisions each of
which provides 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
subdivision, 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 decision 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 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, in
which case the decision 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 penalties imposed by this
section with respect to an alien who knowingly violates
subsection (a)(6) of this section if the alien is granted asylum
under section 1158 of this title or withholding of removal 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 jurisdiction 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) of
this section) 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 violation of paragraph
(1), knowingly and willfully prepares or assists in preparing an
application for immigration benefits pursuant to this chapter, 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 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.
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