PRIA, Government Policy, Made Personal

Summary

It is a crime to knowingly get or try to get naturalization, citizenship, or any papers that show someone is a citizen (like a declaration of intent, arrival certificate, or copies) illegally or for someone who is not entitled to them. It is also a crime to knowingly issue, apply for, obtain, or copy those documents for an undeserving person. The penalty can be a fine and time in prison. If done to help international terrorism (see section 2331) the prison term can be up to 25 years. If done to help a drug trafficking crime (see section 929(a)) up to 20 years. If not tied to terrorism or drug trafficking, a first or second offense can bring up to 10 years. Any other offense can bring up to 15 years.

Title 18, §1425

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Whoever knowingly procures or attempts to procure, contrary to law, the naturalization of any person, or documentary or other evidence of naturalization or of citizenship; or

(b)Whoever, whether for himself or another person not entitled thereto, knowingly issues, procures or obtains or applies for or otherwise attempts to procure or obtain naturalization, or citizenship, or a declaration of intention to become a citizen, or a certificate of arrival or any certificate or evidence of nationalization or citizenship, documentary or otherwise, or duplicates or copies of any of the foregoing— 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on subsections (a) pars. (2)–(5), (7), (b), and (d) of section 746 of Title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, § 346(a), pars. (2)–(5), (7), (b), (d), 54 Stat. 1163, 1164, 1167). Section consolidates five similar paragraphs, and the punishment provisions of subsection (d) of said section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality, with minor necessary changes in translations and phraseology. Numerous references to aiding and assisting were omitted as unnecessary as such persons are principals under definitive section 2 of this title. Words “a certificate of arrival or” were inserted before “any certificate” in subsection (b), so as to remove any doubt as to scope of section.

Editorial Notes

Amendments

2002—Pub. L. 107–273 substituted “to facilitate” for “to facility” in last par. 1996—Pub. L. 104–208 substituted “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 five years” in last par. 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000” in last par.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–208 applicable with respect to offenses occurring on or after Sept. 30, 1996, see section 211(c) of Pub. L. 104–208, set out as a note under section 1028 of this title.

§1425 Procurement of Citizenship or Naturalization Unlawfully