Title 8Aliens and NationalityRelease 119-73

§1306 Penalties

Title 8 › Chapter CHAPTER 12— - IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— - IMMIGRATION › Part Part VII— - Registration of Aliens › § 1306

Last updated Apr 6, 2026|Official source

Summary

Creates crimes and punishments for certain registration and ID problems for aliens and their parents or guardians. If an alien who must register or be fingerprinted willfully refuses, or if a parent or guardian willfully fails to register a required person, the person can be fined up to $1,000, jailed up to six months, or both. If an alien or their parent/guardian fails to give the written notice required by section 1305, the penalty is up to $200, up to 30 days in jail, or both. Even without a criminal conviction, an alien who misses the section 1305 notice can be taken into custody and removed under part IV unless the Attorney General accepts a reasonable excuse or finds the failure was not willful. Making false statements on a registration, or using fraud to get registered, can bring the same $1,000 fine and six-month jail penalty, and a convicted alien may be taken into custody and removed under part IV. Anyone who, with illegal intent, makes or copies a registration certificate or receipt card (or a close imitation) faces up to $5,000 in fines, up to five years in prison, or both.

Full Legal Text

Title 8, §1306

Aliens and Nationality — Source: USLM XML via OLRC

(a)Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both.
(b)Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice to the Attorney General, as required by section 1305 of this title, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both. Irrespective of whether an alien is convicted and punished as herein provided, any alien who fails to give written notice to the Attorney General, as required by section 1305 of this title, shall be taken into custody and removed in the manner provided by part IV of this subchapter, unless such alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.
(c)Any alien or any parent or legal guardian of any alien, who files an application for registration containing statements known by him to be false, or who procures or attempts to procure registration of himself or another person through fraud, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000, or be imprisoned not more than six months, or both; and any alien so convicted shall, upon the warrant of the Attorney General, be taken into custody and be removed in the manner provided in part IV of this subchapter.
(d)Any person who with unlawful intent photographs, prints, or in any other manner makes, or executes, any engraving, photograph, print, or impression in the likeness of any certificate of alien registration or an alien registration receipt card or any colorable imitation thereof, except when and as authorized under such rules and regulations as may be prescribed by the Attorney General, shall upon conviction be fined not to exceed $5,000 or be imprisoned not more than five years, or both.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsecs. (b), (c). Pub. L. 104–208 substituted “removed” for “deported” and “part IV” for “Part V”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Abolition of Immigration and Naturalization Service and

Transfer of Functions

For abolition of Immigration and Naturalization Service,

Transfer of Functions

, and treatment of related references, see note set out under section 1551 of this title.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1306

Title 8Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73