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NCJRS Abstract

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NCJ Number: 204675 Find in a Library
Title: Civil and Criminal Remedies for Immigration Related Document Fraud
Journal: United States Attorneys' Bulletin  Volume:49  Issue:6  Dated:November 2001  Pages:48-52
Author(s): Jack Perkins
Date Published: November 2001
Page Count: 5
Document: PDF
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: This article outlines the civil and criminal remedies of addressing immigration-related document fraud.
Abstract: Criminal provisions that address immigration-related document fraud include 18 U.S. Code (U.S.C.) Sections 1426, 1542, 1543, 1544, and 1546, as well as statutes of more general application such as 18 U.S.C., Sections 1001 and 1028. Following the resolution of a class action lawsuit (Walters v. Reno), the Immigration and Naturalization Service (INS) is also free to resume enforcement of 18 U.S.C. Section 274C(a), which involves the use of civil proceedings in addition to criminal prosecution without violating the double jeopardy clause. Under Section 274C it is unlawful for any person or entity knowingly to create, possess, or to use or attempt to use a false document. It is also unlawful to provide, use, or attempt to use a genuine immigration-related document issued to another person. Other provisions of Section 274C make it unlawful to prepare, file, or assist another in preparing or filing any application for immigration benefits or any document submitted in connection with such application or document under a false identity. There are criminal penalties for the failure to disclose one's role in preparing an immigration-related document. Because Section 274C(e) requires proof of two additional elements to establish the "false-making" of an immigration-related document, its utility to prosecutors is debatable; however, there is the advantage of having the term "falsely make" clearly defined in the statute itself. Still, the case law reveals controversy about whether the term "falsely make" includes providing false information on a form.
Main Term(s): Criminology
Index Term(s): Civil remedies; Criminal proceedings; Federal Code; Fraud; Immigration offenses
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