[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1546]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 75--PASSPORTS AND VISAS
Sec. 1546. Fraud and misuse of visas, permits, and other
documents
(a) 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; or
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
Whoever knowingly makes under oath, or as permitted under penalty of
perjury under section 1746 of title 28, 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--
Shall 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 section 2331 of this title)), 20 years (if the
offense was committed to facilitate a drug trafficking crime (as defined
in section 929(a) of this title)), 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.
(b) Whoever uses--
(1) an identification document, knowing (or having reason to
know) that the document was not issued lawfully for the use of the
possessor,
(2) an identification document knowing (or having reason to
know) that the document is false, or
(3) a false attestation,
for the purpose of satisfying a requirement of section 274A(b) of the
Immigration and Nationality Act, shall be fined under this title,
imprisoned not more than 5 years, or both.
(c) 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 title V of the Organized Crime Control Act of 1970 (18 U.S.C. note
prec. 3481).\1\ 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.
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\1\ See References in Text note below.
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(June 25, 1948, ch. 645, 62 Stat. 771; June 27, 1952, ch. 477, title IV,
Sec. 402(a), 66 Stat. 275; Pub. L. 94-550, Sec. 5, Oct. 18, 1976, 90
Stat. 2535; Pub. L. 99-603, title I, Sec. 103(a), Nov. 6, 1986, 100
Stat. 3380; Pub. L. 100-525, Sec. 2(c), Oct. 24, 1988, 102 Stat. 2610;
Pub. L. 101-647, title XXXV, Sec. 3550, Nov. 29, 1990, 104 Stat. 4926;
Pub. L. 103-322, title XIII, Sec. 130009(a)(4), (5), title XXXIII,
Sec. 330011(p), Sept. 13, 1994, 108 Stat. 2030, 2145; Pub. L. 104-208,
div. C, title II, Secs. 211(a)(2), 214, Sept. 30, 1996, 110 Stat. 3009-
569, 3009-572; Pub. L. 104-294, title VI, Sec. 607(m), Oct. 11, 1996,
110 Stat. 3512; Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(3), Nov.
2, 2002, 116 Stat. 1806.)
Historical and Revision Notes
Based on section 220 of title 8, U.S.C., 1940 ed., Aliens and
Nationality (May 26, 1924, ch. 190, Sec. 22, 43 Stat. 165).
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.
References in Text
The immigration laws, referred to in subsec. (a), are classified
generally to Title 8, Aliens and Nationality. See also section
1101(a)(17) of Title 8.
Section 274A(b) of the Immigration and Nationality Act, referred to
in subsec. (b), is classified to section 1324a(b) of Title 8.
Title V of the Organized Crime Control Act of 1970, referred to in
subsec. (c), is title V of Pub. L. 91-452, Oct. 15, 1970, 84 Stat. 933,
which was set out as a note preceding section 3481 of this title, and
was repealed by Pub. L. 98-473, title II, Sec. 1209(b), Oct. 12, 1984,
98 Stat. 2163. See section 3521 et seq. of this title.
Amendments
2002--Subsec. (a). Pub. L. 107-273 substituted ``to facilitate'' for
``to facility'' in concluding par.
1996--Subsec. (a). Pub. L. 104-208 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 section 2331
of this title)), 20 years (if the offense was committed to facilitate a
drug trafficking crime (as defined in section 929(a) of this title)), 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.
Subsec. (c). Pub. L. 104-294 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.''
1994--Subsec. (a). Pub. L. 103-322, Sec. 330011(p), amended
directory language of Pub. L. 101-647, Sec. 3550. See 1990 Amendment
note below.
Pub. L. 103-322, Sec. 130009(a)(4), substituted ``10 years'' for
``five years'' in concluding par.
Subsec. (b). Pub. L. 103-322, Sec. 130009(a)(5), 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''.
1990--Subsec. (a). Pub. L. 101-647, Sec. 3550, as amended by Pub. L.
103-322, Sec. 330011(p), substituted ``Shall be fined under this title''
for ``Shall be fined in accordance with this title'' in concluding par.
1988--Pub. L. 100-525 amended Pub. L. 99-603. See 1986 Amendment
note below.
1986--Pub. L. 99-603, as amended by Pub. L. 100-525, 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).
1976--Pub. L. 94-550 inserted ``, or as permitted under penalty of
perjury under section 1746 of title 28, United States Code, knowingly
subscribes as true,'' after ``Whoever knowingly makes under oath'' in
fourth par.
1952--Act June 27, 1952, made section applicable to entry documents
other than visas and permits.
Effective Date of 1996 Amendment
Amendment by section 211(a)(2) of Pub. L. 104-208 applicable with
r
