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
section 1746 of title 28Whoever knowingly makes under oath, or as permitted under penalty of perjury under , 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—
section 2331 of this titlesection 929(a) of this titleShall 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 )), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in )), 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.
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; orJune 25, 1948, ch. 64562 Stat. 771June 27, 1952, ch. 47766 Stat. 275Pub. L. 94–550, § 590 Stat. 2535Pub. L. 99–603, title I, § 103(a)100 Stat. 3380Pub. L. 100–525, § 2(c)102 Stat. 2610Pub. L. 101–647, title XXXV, § 3550104 Stat. 4926Pub. L. 103–322, title XIII, § 130009(a)(4)108 Stat. 2030Pub. L. 104–208, div. C, title II110 Stat. 3009–569Pub. L. 104–294, title VI, § 607(m)110 Stat. 3512Pub. L. 107–273, div. B, title IV, § 4002(a)(3)116 Stat. 1806(, ; , title IV, § 402(a), ; , , ; , , ; , , ; , , ; , (5), title XXXIII, § 330011(p), , , 2145; , §§ 211(a)(2), 214, , , 3009–572; , , ; , , .)
Historical and Revision Notes
section 220 of title 8May 26, 1924, ch. 190, § 2243 Stat. 165Based on , U.S.C., 1940 ed., Aliens and Nationality (, ).
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.
Editorial Notes
References in Text
section 1101(a)(17) of Title 8The immigration laws, referred to in subsec. (a), are classified generally to Title 8, Aliens and Nationality. See also .
section 1324a(b) of Title 8Section 274A(b) of the Immigration and Nationality Act, referred to in subsec. (b), is classified to .
Pub. L. 91–45284 Stat. 933section 3481 of this titlePub. L. 98–473, title II, § 1209(b)98 Stat. 2163Title V of the Organized Crime Control Act of 1970, referred to in subsec. (c), is title V of , , , which was set out as a note preceding , and was repealed by , , . See section 3521 et seq. of this title.
Amendments
Pub. L. 107–2732002—Subsec. (a). substituted “to facilitate” for “to facility” in concluding par.
Pub. L. 104–208section 2331 of this titlesection 929(a) of this title1996—Subsec. (a). 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 )), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in )), 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.
Pub. L. 104–294Subsec. (c). 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.”
Pub. L. 103–322, § 330011(p)Pub. L. 101–647, § 35501994—Subsec. (a). , amended directory language of . See 1990 Amendment note below.
Pub. L. 103–322, § 130009(a)(4), substituted “10 years” for “five years” in concluding par.
Pub. L. 103–322, § 130009(a)(5)Subsec. (b). , 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”.
Pub. L. 101–647, § 3550Pub. L. 103–322, § 330011(p)1990—Subsec. (a). , as amended by , substituted “Shall be fined under this title” for “Shall be fined in accordance with this title” in concluding par.
Pub. L. 100–525Pub. L. 99–6031988— amended . See 1986 Amendment note below.
Pub. L. 99–603Pub. L. 100–5251986—, as amended by , 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).
Pub. L. 94–550section 1746 of title 281976— inserted “, or as permitted under penalty of perjury under , United States Code, knowingly subscribes as true,” after “Whoever knowingly makes under oath” in fourth par.
1952—Act , made section applicable to entry documents other than visas and permits.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
section 211(a)(2) of Pub. L. 104–208section 211(c) of Pub. L. 104–208section 1028 of this titleAmendment by applicable with respect to offenses occurring on or after , see , set out as a note under .
Effective Date of 1994 Amendment
Pub. L. 103–322, title XXXIII, § 330011(p)108 Stat. 2145section 3550 of Pub. L. 101–647, , , provided that the amendment made by that section is effective as of the date on which took effect.
Effective Date of 1988 Amendment
Pub. L. 100–525Pub. L. 99–603section 2(s) of Pub. L. 100–525section 1101 of Title 8Amendment by effective as if included in enactment of Immigration Reform and Control Act of 1986, , see , set out as a note under , Aliens and Nationality.
Abolition of Immigration and Naturalization Service and Transfer of Functions
section 1551 of Title 8For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under , Aliens and Nationality.
Executive Documents
Transfer of Functions
87 Stat. 1091Pub. L. 93–25388 Stat. 50Functions 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, § 2, eff. , 38 F.R. 15932, , set out in the Appendix to Title 5, Government Organization and Employees. The transfer was negated by section 1(a)(1), (b) of , , , which repealed section 2 of 1973 Reorg. Plan No. 2, eff. .