Immigration-Related Document Fraud: Overview of Civil, Criminal, and Immigration Consequences [Updated January 10, 2008]   [open pdf - 115KB]

"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 does not discuss criminal statutes generally penalizing fraud or identity theft (other than 18 U.S.C. § 1028), though these statutes could also potentially be used to penalize immigration-related document fraud. Immigration reform was an active issue during the first session of the 110th Congress, and some legislative proposals contained provisions modifying the scope or penalties of laws restricting immigration-related document fraud. S. 1639, introduced by Senator Edward Kennedy on June 20, 2007, included provisions on immigration-related document fraud that were largely identical to those contained in the version of S. 2611 that passed the Senate in the 109th Congress."

Report Number:
CRS Report for Congress, RL32657
Public Domain
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