['I-9s']
['Illegal Immigration Reform and Immigrant Responsibility Act', 'I-9s', 'Immigration and Nationality Act (INA)']
05/17/2022
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
...
(part of PUBLIC LAW 104- 208)
§110. AUTOMATED ENTRY- EXIT CONTROL SYSTEM.
( a) SYSTEM - Not later than 2 years after the date of the enactment of this Act, the Attorney General shall develop an automated entry and exit control system that will-
(a)(1) collect a record of departure for every alien departing the United States and match the records of departure with the record of the alien's arrival in the United States; and
(a)(2) enable the Attorney General to identify, through on- line searching procedures, lawfully admitted nonimmigrants who remain in the United States beyond the period authorized by the Attorney General.
§133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT IMMIGRATION ENFORCEMENT.
Section 287 (8 U.S.C. 1357) is amended by adding at the end the following:
"(g)(1) Notwithstanding section 1342 of title 31, United States Code, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law.
"(2) An agreement under this subsection shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowledge of, and adhere to, Federal law relating to the function, and shall contain a written certification that the officers or employees performing the function under the agreement have received adequate training regarding the enforcement of relevant Federal immigration laws.
"(3) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State shall be subject to the direction and supervision of the Attorney General.
"(4) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State may use Federal property or facilities, as provided in a written agreement between the Attorney General and the State or subdivision.
"(5) With respect to each officer or employee of a State or political subdivision who is authorized to perform a function under this subsection, the specific powers and duties that may be, or are required to be, exercised or performed by the individual, the duration of the authority of the individual, and the position of the agency of the Attorney General who is required to supervise and direct the individual, shall be set forth in a written agreement between the Attorney General and the State or political subdivision.
"(6) The Attorney General may not accept a service under this subsection if the service will be used to displace any Federal employee.
"(7) Except as provided in paragraph (8), an officer or employee of a State or political subdivision of a State performing functions under this subsection shall not be treated as a Federal employee for any purpose other than for purposes of chapter 81 of title 5, United States Code (relating to compensation for injury), and sections 2671 through 2680 of title 28, United States Code (relating to tort claims).
"(8) An officer or employee of a State or political subdivision of a State acting under color of authority under this subsection, or any agreement entered into under this subsection, shall be considered to be acting under color of Federal authority for purposes of determining the liability, and immunity from suit, of the officer or employee in a civil action brought under Federal or State law.
"(9) Nothing in this subsection shall be construed to require any State or political subdivision of a State to enter into an agreement with the Attorney General under this subsection.
"(10) Nothing in this subsection shall be construed to require an agreement under this subsection in order for any officer or employee of a State or political subdivision of a State-
"(A) to communicate with the Attorney General regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States; or
"(B) otherwise to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.'.
UNDERCOVER INVESTIGATION AUTHORITY
"SEC. 294. (a) IN GENERAL - With respect to any undercover investigative operation of the Service which is necessary for the detection and prosecution of crimes against the United States -
"(1) sums appropriated for the Service may be used for leasing space within the United States and the territories and possessions of the United States without regard to the following provisions of law:
"(A) section 3679(a) of the Revised Statutes (31 U.S.C. 1341),
"(B) section 3732(a) of the Revised Statutes (41 U.S.C. 11(a)),
"(C) section 305 of the Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255),
"(D) the third undesignated paragraph under the heading `Miscellaneous' of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),
"(E) section 3648 of the Revised Statutes (31 U.S.C. 3324),
"(F) section 3741 of the Revised Statutes (41 U.S.C. 22), and
"(G) subsections (a) and (c) of section 304 of the Federal Property and Administrative Services Act of 1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c));
"(2) sums appropriated for the Service may be used to establish or to acquire proprietary corporations or business entities as part of an undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to the provisions of section 304 of the Government Corporation Control Act (31 U.S.C. 9102);
"(3) sums appropriated for the Service, and the proceeds from the undercover operation, may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18, United States Code, and of section 3639 of the Revised Statutes (31 U.S.C. 3302); and
"(4) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such operation without regard to the provisions of section 3617 of the Revised Statutes (31U.S.C. 3302).
§201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING OR DOCUMENT FRAUD.
Section 2516(1) of title 18,United StatesCode, is amended-
(1) in paragraph (c), by striking `or section 1992 (relating to wrecking trains)' and inserting `section 1992 (relating to wrecking trains), a felony violation of section 1028 (relating to production of false identification documentation), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), section 1541 (relating to passport issuance without authority), section 1542 (relating to false statements in passport applications), section 1543 (relating to forgery or false use of passports), section 1544 (relating to misuse of passports), or section 1546 (relating to fraud and misuse of visas, permits, and other documents)';
(2) by striking `or' at the end of paragraph (l);
(3) by redesignating paragraphs (m), (n), and (o) as paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (l) the following new paragraph:
"(m) a violation of section 274, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating to the smuggling of aliens); '.
§211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF GOVERNMENT- ISSUED DOCUMENTS.
(a) FRAUD AND MISUSE OF GOVERNMENT- ISSUED IDENTIFICATION DOCUMENTS -
(a)(1) Section 1028(b) of title 18, United States Code, is amended-
(a)(1)(A) in paragraph (1), by inserting `except as provided in paragraphs (3) and (4),' after `(1)' and by striking `five years' and inserting `15 years';
(a)(1)(B) in paragraph (2), by inserting `except as provided in paragraphs (3) and (4),' after `(2)' and by striking `and' at the end;
(a)(1)(C) by redesignating paragraph (3) as paragraph (5); and
(a)(1)(D) by inserting after paragraph (2) the following new paragraphs:
"(3) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed to facilitate a drug trafficking crime (as defined in section 929(a)(2) of this title);
"(4) a fine under this title or imprisonment for not more than 25 years, or both, if the offense is committed to facilitate an act of international terrorism (as defined in section 2331(1) of this title); and'.
(a)(2) Sections 1425 through 1427, sections 1541 through 1544, and section 1546(a) of title 18, United States Code, are each amended by striking `imprisoned not more' and all that follows through `years' each place it appears and inserting the following: `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)'.
(b) CHANGES TO THE SENTENCING LEVELS
(b)(1) IN GENERAL - Pursuant to the Commission's authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines for offenders convicted of violating, or conspiring to violate, sections 1028(b )(1), 1425 through 1427, 1541 through 1544, and 1546(a) of title 18, United States Code, in accordance with this subsection.
(b)(2) REQUIREMENTS - In carrying out this subsection, the Commission shall, with respect to the offenses referred to in paragraph (1)-
(b)(2)(A) increase the base offense level for such offenses at least 2 offense levels above the level in effect on the date of the enactmt of this Act;
(b)(2)(B) review the sentencing enhancement for number of documents or passports involved ( U.S.S.G. 2L2.1(b)(2)), and increase the upward adjustment by at least 50 percent above the applicable enhancement in effect on the date of the enactment of this Act;
(b)(2)(C) impose an appropriate sentencing enhancement upon an offender with 1 prior felony conviction arising out of a separate and prior prosecution for an offense that involved the same or similar underlying conduct as enthe current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant's criminal history category;
(b)(2)(D) impose an additional appropriate sentencing enhancement upon an offender with 2 or more prior felony convictions arising out of separate and prior prosecutions for offenses that involved the same or similar underlying conduct as the current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant's criminal history category; and
(b)(2)(E) consider whether any other aggravating or mitigating circumstances warrant upward or downward sentencing adjustments.
(b)(3) EMERGENCY AUTHORITY TO SENTENCING COMMISSION- The Commission shall promulgate the guidelines or amendments provided for under this subsection as soon as practicable in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.
(c) EFFECTIVE DATE - This section and the amendments made by this section shall apply with respect to offenses occurring on or after the date of the enactment of this Act.
§212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.
(a) ACTIVITIES PROHIBITED - Section 274C(a) (8 U.S.C. 1324c(a)) is amended-
(a)(1) in paragraph (1), by inserting before the comma at the end the following: `or to obtain a benefit under this Act';
(a)(2) in paragraph (2), by inserting before the comma at the end the following: `or to obtain a benefit under this Act';
(a)(3) in paragraph (3)-
(a)(3)(A) by inserting `or with respect to' after `issued to';
(a)(3)(B) by adding before the comma at the end the following: `or obtaining a benefit under this Act'; and
(a)(3)(C) by striking `or' at the end;
(a)(4) in paragraph (4)-
(a)(4)(A) by inserting `or with respect to' after `issued to';
(a)(4)(B) by adding before the period at the end the following: `or obtaining a benefit under this Act'; and
(a)(4)(C) by striking the period at the end and inserting `, or'; and
(a)(5) by adding at the end the following new paragraphs:
"(5) to prepare, file, or assist another in preparing or filing, any application for benefits under this Act, or any document required under this Act, or any document submitted in connection with such application or document, with knowledge or in reckless disregard of the fact that such application or document was falsely made or, in whole or in part, does not relate to the person on whose behalf it was or is being submitted, or
"(6)(A) to present before boarding a common carrier for the purpose of coming to the United States a document which relates to the alien's eligibility to enter the United States, and (B) to fail to present such document to an immigration officer upon arrival at a United States port of entry.'.
( b) DEFINITION OF FALSELY MAKE- Section 274C (8 U.S.C. 1324c), as amended by section 213 of this division, is further amended by adding at the end the following new subsection:
"(f) FALSELY MAKE - For purposes of this section, the term `falsely make' means to prepare or provide an application or document, with knowledge or in reckless disregard of the fact that the application or document contains a false, fictitious, or fraudulent statement or material representation, or has no basis in law or fact, or otherwise fails to state a fact which is material to the purpose for which it was submitted.'.
(c) CONFORMING AMENDMENT - Section 274C(d)(3) (8 U.S.C. 1324c(d)(3)) is amended by striking `each document used, accepted, or created and each instance of use, acceptance, or creation' each place it appears and inserting `each document that is the subject of a violation under subsection (a)'.
(d) WAIVER BY ATTORNEY GENERAL - Section 274C(d) (8 U.S.C. 1324c(d)) is amended by adding at the end the following new paragraph:
"(7) WAIVER BY ATTORNEY GENERAL- The Attorney General may waive the penalties imposed by this section with respect to an alien who knowingly violates subsection (a)(6) if the alien is granted asylum under section 208 or withholding of deportation under section 243(h).'.
(e) EFFECTIVE DATE - Section 274C(f) of the Immigration and Nationality Act, as added by subsection (b), applies to the preparation of applications before, on, or after the date of the enactment of this Act.
§214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT WHICH FAILS TO CONTAIN REASONABLE BASIS IN LAW OR FACT.
The forth paragraph of section 1546(a) of title 18, United States Code, is amended by striking `containing any such false statement' and inserting `which contains any such false statement or which fails to contain any reasonable basis in law or fact'.
§215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.
Section 1015 of title 18,United StatesCode, is amended-
(1) by striking the dash at the end of paragraph (d) and inserting `; or', and
(2) by inserting after paragraph (d) the following:
"(e) Whoever knowingly makes any false statement or claim that he is, or at any time has been, a citizen or national of the United States, with the intent to obtain on behalf of himself, or any other person, any Federal or State benefit or service, or to engage unlawfully in employment in the United States; or
"(f) Whoever knowingly makes any false statement or claim that he is a citizen of the United States in order to register to vote or to vote in any Federal, State, or local election (including an initiative, recall, or referendum)- '.
§326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Subsection (a) of section 130002 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103- 322), as amended by section 432 of Public Law 104- 132, is amended to read as follows:
"(a) OPERATION AND PURPOSE - The Commissioner of Immigration and Naturalization shall, under the authority of section 242(a )(3)(A) of the Immigration and Nationality Act operate a criminal alien identification system. The criminal alien identification system shall be used to assist Federal, State, and local law enforcement agencies in identifying and locating aliens who may be subject to removal by reason of their conviction of aggravated felonies, subject to prosecution under section 275 of such Act, not lawfully present in the United States, or otherwise removable. Such system shall include providing for recording of fingerprint records of aliens who have been previously arrested and removed into appropriate automated fingerprint identification systems.'.
TITLE IV- ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
Subtitle A- Pilot Programs for Employment Eligibility Confirmation
§401. ESTABLISHMENT OF PROGRAMS.
(a) IN GENERAL - The Attorney General shall conduct 3 pilot programs of employment eligibility confirmation under this subtitle.
(b) IMPLEMENTATION DEADLINE; TERMINATION- The Attorney General shall implement the pilot programs in a manner that permits persons and other entities to have elections under section 402 of this division made and in effect no later than 1 year after the date of the enactment of this Act. Unless the Congress otherwise provides, the Attorney General shall terminate a pilot program at the end of the 4- year period beginning on the first day the pilot program is in effect.
( c) SCOPE OF OPERATION OF PILOT PROGRAMS- The Attorney General shall provide for the operation-
(c)(1) of the basic pilot program (described in section 403(a) of this division) in, at a minimum, 5 of the 7 States with the highest estimated population of aliens who are not lawfully present in the United States;
(c)(2) of the citizen attestation pilot program (described in section 403(b) of this division) in at least 5 States (or, if fewer, all of the States) that meet the condition described in section 403(b)(2)(A) of this division; and
(c)(3) of the machine- readable- document pilot program (described in section 403(c) of this division) in at least 5 States (or, if fewer, all of the States) that meet the condition described in section 403(c)(2) of this division.
(d) REFERENCES IN SUBTITLE - In this subtitle-
(d)(1) PILOT PROGRAM REFERENCES - The terms `program' or `pilot program' refer to any of the 3 pilot programs provided for under this subtitle.
(d)(2) CONFIRMATION SYSTEM - The term `confirmation system' means the confirmation system established under section 404 of this division.
(d)(3) REFERENCES TO SECTION 274A - Any reference in this subtitle to section 274A (or a subdivision of such section) is deemed a reference to such section (or subdivision thereof) of the Immigration and Nationality Act.
(d)(4) I- 9 OR SIMILAR FORM - The term `I- 9 or similar form' means the form used for purposes of section 274A(b)(1)(A) or such other form as the Attorney General determines to be appropriate.
(d)(5) LIMITED APPLICATION TO RECRUITERS AND REFERRERS- Any reference to recruitment or referral (or a recruiter or referrer) in relation to employment is deemed a reference only to such recruitment or referral (or recruiter or referrer) that is subject to section 274A(a)(1)(B)(ii).
(d)(6) UNITED STATES CITIZENSHIP - The term `United States citizenship' includes United States nationality.
(d)(7) STATE - The term `State' has the meaning given such term in section 101(a )(36) of the Immigration and Nationality Act.
§402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT PROGRAM.
( a) VOLUNTARY ELECTION- Subject to subsection (c )(3)(B), any person or other entity that conducts any hiring (or recruitment or referral) in a State in which a pilot program is operating may elect to participate in that pilot program. Except as specifically provided in subsection (e), the Attorney General may not require any person or other entity to participate in a pilot program.
(b) BENEFIT OF REBUTTABLE PRESUMPTION-
(b)(1) IN GENERAL- If a person or other entity is participating in a pilot program and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an individual for employment in the United States, the person or entity has established a rebuttable presumption that the person or entity has not violated section 274A(a)(1)(A) with respect to such hiring (or such recruitment or referral).
(b)(2) CONSTRUCTION- Paragraph (1) shall not be construed as preventing a person or other entity that has an election in effect under subsection (a) from establishing an affirmative defense under section 274A(a)(3) if the person or entity complies with the requirements of section 274A(a)(1)(B) but fails to obtain confirmation under paragraph (1).
(c) GENERAL TERMS OF ELECTIONS-
(c)(1) IN GENERAL - An election under subsection (a) shall be in such form and manner, under such terms and conditions, and shall take effect, as the Attorney General shall specify. The Attorney General may not impose any fee as a condition of making an election or participating in a pilot program.
(c)(2) SCOPE OF ELECTION-
(c)(2)(A) IN GENERAL- Subject to paragraph (3), any electing person or other entity may provide that the election under subsection (a) shall apply (during the period in which the election is in effect)-
(c)(2)(A)( i) to all its hiring (and all recruitment or referral) in the State (or States) in which the pilot program is operating, or
(C)(2)(A)(ii) to its hiring (or recruitment or referral) in one or more pilot program States or one or more places of hiring (or recruitment or referral, as the case may be) in the pilot program States.
(c)(2)(B) APPLICATION OF PROGRAMS IN NON- PILOT PROGRAM STATES - In addition, the Attorney General may permit a person or entity electing-
(c)(2)(B)( i) the basic pilot program (described in section 403(a) of this division) to provide that the election applies to its hiring (or recruitment or referral) in one or more States or places of hiring (or recruitment or referral) in which the pilot program is not otherwise operating, or
(c)(2)(B)(ii) the citizen attestation pilot program (described in 403(b) of this division) or the machine- readable- document pilot program (described in section 403(c) of this division) to provide that the election applies to its hiring (or recruitment or referral) in one or more States or places of hiring (or recruitment or referral) in which the pilot program is not otherwise operating but only if such States meet the requirements of 403(b)(2)(A) and 403(c)(2) of this division, respectively.
(c)(3) ACCEPTANCE AND REJECTION OF ELECTIONS-
(c)(3)(A) IN GENERAL - Except as provided in subparagraph (B), the Attorney General shall accept all elections made under subsection (a).
(c)(3)(B) REJECTION OF ELECTIONS - The Attorney General may reject an election by a person or other entity under this section or limit its applicability to certain States or places of hiring (or recruitment or referral) if the Attorney General has determined that there are insufficient resources to provide appropriate services under a pilot program for the person's or entity's hiring (or recruitment or referral) in any or all States or places of hiring.
(c)(4) TERMINATION OF ELECTIONS - The Attorney General may terminate an election by a person or other entity under this section because the person or entity has substantially failed to comply with its obligations under the pilot program. A person or other entity may terminate an election in such form and manner as the Attorney General shall specify.
(d) CONSULTATION, EDUCATION, AND PUBLICITY-
(d) (1) CONSULTATION- The Attorney General shall closely consult with representatives of employers (and recruiters and referrers) in the development and implementation of the pilot programs, including the education of employers (and recruiters and referrers) about such programs.
(d) (2) PUBLICITY- The Attorney General shall widely publicize the election process and pilot programs, including the voluntary nature of the pilot programs and the advantages to employers (and recruiters and referrers) of making an election under this section.
(d)(3) ASSISTANCE THROUGH DISTRICT OFFICES - The Attorney General shall designate one or more individuals in each District office of the Immigration and Naturalization Service for a Service District in which a pilot program is being implemented-
(d)(3)(A) to inform persons and other entities that seek information about pilot programs of the voluntary nature of such programs, and
(d)(3)(B) to assist persons and other entities in electing and participating in any pilot programs in effect in the District, in complying with the requirements of section 274A, and in facilitating confirmation of the identity and employment eligibility of individuals consistent with such section.
(e) SELECT ENTITIES REQUIRED TO PARTICIPATE IN A PILOT PROGRAM-
(e)(1) FEDERAL GOVERNMENT-
(e)(1)(A) EXECUTIVE DEPARTMENTS-
(e)(1)(A)( i) IN GENERAL - Each Department of the Federal Government shall elect to participate in a pilot program and shall comply with the terms and conditions of such an election.
(e)(1)(A)(ii) ELECTION - Subject to clause (iii), the Secretary of each such Department-
(e)(1)(A)(ii)(I) shall elect the pilot program (or programs) in which the Department shall participate, and
(e)(1)(A)(ii)(II) may limit the election to hiring occurring in certain States (or geographic areas) covered by the program (or programs) and in specified divisions within the Department, so long as all hiring by such divisions and in such locations is covered.
(e)(1)(A)(iii) ROLE OF ATTORNEY GENERAL - The Attorney General shall assist and coordinate elections under this subparagraph in such manner as assures that-
(e)(1)(A)(iii)(I) a significant portion of the total hiring within each Department within States covered by a pilot program is covered under such a program, and
(e)(1)(A)(iii)(II) there is significant participation by the Federal Executive branch in each of the pilot programs.
(e)(1)(B) LEGISLATIVE BRANCH - Each Member of Congress, each officer of Congress, and the head of each agency of the legislative branch, that conducts hiring in a State in which a pilot program is operating shall elect to participate in a pilot program, may specify which pilot program or programs (if there is more than one) in which the Member, officer, or agency will participate, and shall comply with the terms and conditions of such an election.
(e)(2) APPLICATION TO CERTAIN VIOLATORS - An order under section 274A(e)(4) or section 274B(g) of the Immigration and Nationality Act may require the subject of the order to participate in, and comply with the terms of, a pilot program with respect to the subject's hiring (or recruitment or referral) of individuals in a State covered by such a program.
(e)(3) CONSEQUENCE OF FAILURE TO PARTICIPATE- If a person or other entity is required under this subsection to participate in a pilot program and fails to comply with the requirements of such program with respect to an individual-
(e)(3)(A) such failure shall be treated as a violation of section 274A(a)(1)(B) with respect to that individual, and
(e)(3)(B) a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A).
§403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS.
(a) BASIC PILOT PROGRAM - A person or other entity that elects to participate in the basic pilot program described in this subsection agrees to conform to the following procedures in the case of the hiring (or recruitment or referral) for employment in the United States of each individual covered by the election:
(a)(1) PROVISION OF ADDITIONAL INFORMATION - The person or entity shall obtain from the individual (and the individual shall provide) and shall record on the I- 9 or similar form-
(a)(1)(A) the individual's social security account number, if the individual has been issued such a number, and
(a)(1)(B) if the individual does not attest to United States citizenship under section 274A(b)(2), such identification or authorization number established by the Immigration and Naturalization Service for the alien as the Attorney General shall specify, and shall retain the original form and make it available for inspection for the period and in the manner required of I- 9 forms under section 274A(b)(3).
(a)(2) PRESENTATION OF DOCUMENTATION-
(a)(2)(A) IN GENERAL- The person or other entity, and the individual whose identity and employment eligibility are being confirmed, shall, subject to subparagraph (B), fulfill the requirements of section 274A(b) with the following modifications: (8 U.S.C. 1324a(b)(1)(D)( i) is tamper resistant driver's license)
(a)(2)(A)( i) A document referred to in section 274A(b)(1)(B)(ii) (as redesignated by section 412(a) of this division) must be designated by the Attorney General as suitable for the purpose of identification in a pilot program.
(a)(2)(A)(ii) A document referred to in section 274A(b)(1)(D) must contain a photograph of the individual.
(a)(2)(A)(iii) The person or other entity has complied with the requirements of section 274A(b)(1) with respect to examination of a document if the document reasonably appears on its face to be genuine and it reasonably appears to pertain to the individual whose identity and work eligibility is being confirmed.
(a)(2)(B) LIMITATION OF REQUIREMENT TO EXAMINE DOCUMENTATION - If the Attorney General finds that a pilot program would reliably determine with respect to an individual whether-
(a)(2)(B)( i) the person with the identity claimed by the individual is authorized to work in the United States, and
(a)(2)(B)(ii) the individual is claiming the identity of another person, if a person or entity could fulfill the requirement to examine documentation contained in subparagraph (A) of section 274A(b)(1) by examining a document specified in either subparagraph (B) or (D) of such section, the Attorney General may provide that, for purposes of such requirement, only such a document need be examined. In such case, any reference in section 274A(b)(1)(A) to a verification that an individual is not an unauthorized alien shall be deemed to be a verification of the individual's identity.
(a)(3) SEEKING CONFIRMATION-
(a)(3)(A) IN GENERAL - The person or other entity shall make an inquiry, as provided in section 404(a )(1) of this division, using the confirmation system to seek confirmation of the identity and employment eligibility of an individual, by not later than the end of 3 working days (as specified by the Attorney General) after the date of the hiring (or recruitment or referral, as the case may be).
(a)(3)(B) EXTENSION OF TIME PERIOD - If the person or other entity in good faith attempts to make an inquiry during such 3 working days and the confirmation system has registered that not all inquiries were received during such time, the person or entity can make an inquiry in the first subsequent working day in which the confirmation system registers that it has received all inquiries. If the confirmation system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry.
(a)(4) CONFIRMATION OR NONCONFIRMATION-
(a)(4)(A) CONFIRMATION UPON INITIAL INQUIRY - If the person or other entity receives an appropriate confirmation of an individual's identity and work eligibility under the confirmation system within the time period specified under section 404(b) of this division, the person or entity shall record on the I- 9 or similar form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual.
(a)(4)(B) NONCONFIRMATIONUPON INITIAL INQUIRY AND SECONDARY VERIFICATION-
(a)(4)(B)( i) NONCONFIRMATION- If the person or other entity receives a tentative nonconfirmation of an individual's identity or work eligibility under the confirmation system within the time period specified under 404(b) of this division, the person or entity shall so inform the individual for whom the confirmation is sought.
(a)(4)(B)(ii) NO CONTEST - If the individual does not contest the nonconfirmation within the time period specified in section 404(c) of this division, the nonconfirmation shall be considered final. The person or entity shall then record on the I- 9 or similar form an appropriate code which has been provided under the system to indicate a tentative nonconfirmation.
(a)(4)(B)(iii) CONTEST - If the individual does contest the nonconfirmation, the individual shall utilize the process for secondary verification provided under section 404(c) of this division. The nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the confirmation system within the time period specified in such section. In no case shall an employer terminate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final. Nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure.
(a)(4)(B)(iv) RECORDING OF CONCLUSION ON FORM - If a final confirmation or nonconfirmation is provided by the confirmation system under section 404(c) of this division regarding an individual, the person or entity shall record on the I- 9 or similar form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual.
(a)(4)(C) CONSEQUENCES OF NONCONFIRMATION-
(a)(4)(C)( i) TERMINATION OR NOTIFICATION OF CONTINUED EMPLOYMENT- If the person or other entity has received a final nonconfirmation regarding an individual under subparagraph (B), the person or entity may terminate employment (or recruitment or referral) of the individual. If the person or entity does not terminate employment (or recruitment or referral) of the individual, the person or entity shall notify the Attorney General of such fact through the confirmation system or in such other manner as the Attorney General may specify.
(a)(4)(C)(ii) FAILURE TO NOTIFY- If the person or entity fails to provide notice with respect to an individual as required under clause ( i), the failure is deemed to constitute a violation of section 274A(a)(1)(B) with respect to that individual and the applicable civil monetary penalty under section 274A(e)(5) shall be (notwithstanding the amounts specified in such section) no less than $500 and no more than $1,000 for each individual with respect to whom such violation occurred.
(a)(4)(C)(iii) CONTINUED EMPLOYMENT AFTER FINAL NONCONFIRMATION - If the person or other entity continues to employ (or to recruit or refer) an individual after receiving final nonconfirmation, a rebuttable presumption is created that the person or entity has violated section 274A(a)(1)(A). The previous sentence shall not apply in any prosecution under section 274A(f)(1).
(b) CITIZEN ATTESTATION PILOT PROGRAM-
(b)(1) IN GENERAL - Except as provided in paragraphs (3) through (5), the procedures applicable under the citizen attestation pilot program under this subsection shall be the same procedures as those under the basic pilot program under subsection (a).
(b)(2) RESTRICTIONS-
(b)(2)(A) STATE DOCUMENT REQUIREMENT TO PARTICIPATE IN PILOT PROGRAM- The Attorney General may not provide for the operation of the citizen attestation pilot program in a State unless each driver's license or similar identification document described in section 274A(b)(1)(D)( i) issued by the State-
(b)(2)(A)( i) contains a photograph of the individual involved, and
(b)(2)(A)(ii) has been determined by the Attorney General to have security features, and to have been issued through application and issuance procedures, which make such document sufficiently resistant to counterfeiting, tampering, and fraudulent use that it is a reliable means of identification for purposes of this section.
(b)(2)(B) AUTHORIZATION TO LIMIT EMPLOYER PARTICIPATION - The Attorney General may restrict the number of persons or other entities that may elect to participate in the citizen attestation pilot program under this subsection as the Attorney General determines to be necessary to produce a representative sample of employers and to reduce the potential impact of fraud.
(b)(3) NO CONFIRMATION REQUIRED FOR CERTAIN INDIVIDUALS ATTESTING TO U.S. CITIZENSHIP - In the case of a person or other entity hiring (or recruiting or referring) an individual under the citizen attestation pilot program, if the individual attests to United States citizenship (under penalty of perjury on an I- 9 or similar form which form states on its face the criminal and other penalties provided under law for a false representation of United States citizenship)-
(b)(3)(A) the person or entity may fulfill the requirement to examine documentation contained in subparagraph (A) of section 274A(b)(1) by examining a document specified in either subparagraph (B)( i) or (D) of such section; and
(b)(3)(B) the person or other entity is not required to comply with respect to such individual with the procedures described in paragraphs (3) and (4) of subsection (a), but only if the person or entity retains the form and makes it available for inspection in the same manner as in the case of an I- 9 form under section 274A(b)(3).
(b)(4) WAIVER OF DOCUMENT PRESENTATION REQUIREMENT IN CERTAIN CASES-
(b)(4)(A) IN GENERAL- In the case of a person or entity that elects, in a manner specified by the Attorney General consistent with subparagraph (B), to participate in the pilot program under this paragraph, if an individual being hired (or recruited or referred) attests (in the manner described in paragraph (3)) to United States citizenship and the person or entity retains the form on which the attestation is made and makes it available for inspection in the same manner as in the case of an I- 9 form under section 274A(b)(3), the person or entity is not required to comply with the procedures described in section 274A(b).
(b)(4) (B) RESTRICTION- The Attorney General shall restrict the election under this paragraph to no more than 1,000 employers and, to the extent practicable, shall select among employers seeking to make such election in a manner that provides for such an election by a representative sample of employers.
(b)(5) NONREVIEWABLEDETERMINATIONS - The determinations of the Attorney General under paragraphs (2) and (4) are within the discretion of the Attorney General and are not subject to judicial or administrative review.
( c) MACHINE- READABLE- DOCUMENT PILOT PROGRAM-
(c)(1) IN GENERAL - Except as provided in paragraph (3), the procedures applicable under the machine- readable- document pilot program under this subsection shall be the same procedures as those under the basic pilot program under subsection (a).
(c)(2) STATE DOCUMENT REQUIREMENT TO PARTICIPATE IN PILOT PROGRAM- The Attorney General may not provide for the operation of the machine- readable- document pilot program in a State unless driver's licenses and similar identification documents described in section 274A(b)(1)(D)( i) issued by the State include a machine- readable social security account number.
(c)(3) USE OF MACHINE- READABLE DOCUMENTS - If the individual whose identity and employment eligibility must be confirmed presents to the person or entity hiring (or recruiting or referring) the individual a license or other document described in paragraph (2) that includes a machine- readable social security account number, the person or entity must make an inquiry through the confirmation system by using a machine- readable feature of such document. If the individual does not attest to United States citizenship under section 274A(b)(2), the individual's identification or authorization number described in subsection (a)(1)(B) shall be provided as part of the inquiry.
(d) PROTECTION FROM LIABILITY FOR ACTIONS TAKEN ON THE BASIS OF INFORMATION PROVIDED BY THE CONFIRMATION SYSTEM- No person or entity participating in a pilot program shall be civilly or criminally liable under any law for any action taken in good faith reliance on information provided through the confirmation system.
§404.EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.
( a) IN GENERAL - The Attorney General shall establish a pilot program confirmation system through which the Attorney General (or a designee of the Attorney General, which may be a nongovernmental entity)-
(a)(1) responds to inquiries made by electing persons and other entities (including those made by the transmittal of data from machine- readable documents under the machine- readable pilot program) at any time through a toll- free telephone line or other toll- free electronic media concerning an individual's identity and whether the individual is authorized to be employed, and
(a)(2) maintains records of the inquiries that were made, of confirmations provided (or not provided), and of the codes provided to inquirers as evidence of their compliance with their obligations under the pilot programs.
To the extent practicable, the Attorney General shall seek to establish such a system using one or more nongovernmental entities.
(b) INITIAL RESPONSE - The confirmation system shall provide confirmation or a tentative nonconfirmation of an individual's identity and employment eligibility within 3 working days of the initial inquiry. If providing confirmation or tentative nonconfirmation, the confirmation system shall provide an appropriate code indicating such confirmation or such nonconfirmation.
(c) SECONDARY VERIFICATION PROCESS IN CASE OF TENTATIVE NONCONFIRMATION - In cases of tentative nonconfirmation, the Attorney General shall specify, in consultation with the Commissioner of Social Security and the Commissioner of the Immigration and Naturalization Service, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation within 10 working days after the date of the tentative nonconfirmation.
When final confirmation or nonconfirmation is provided, the confirmation system shall provide an appropriate code indicating such confirmation or nonconfirmation.
( d) DESIGN AND OPERATION OF SYSTEM- The confirmation system shall be designed and operated-
(d)(1) to maximize its reliability and ease of use by persons and other entities making elections under section 402(a) of this division consistent with insulating and protecting the privacy and security of the underlying information;
(d)(2) to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received;
(d)(3) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; and
(d)(4) to have reasonable safeguards against the system's resulting in unlawful discriminatory practices based on national origin or citizenship status, including-
(d)(4)(A) the selective or unauthorized use of the system to verify eligibility;
(d)(4)(B) the use of the system prior to an offer of employment; or
(d)(4)(C) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants.
(e) RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL SECURITY- As part of the confirmation system, the Commissioner of Social Security, in consultation with the entity responsible for administration of the system, shall establish a reliable, secure method, which, within the time periods specified under subsections (b) and (c), compares the name and social security account number provided in an inquiry against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided regarding an individual whose identity and employment eligibility must be confirmed, the correspondence of the name and number, and whether the individual has presented a social security account number that is not valid for employment. The Commissioner shall not disclose or release social security information (other than such confirmation or nonconfirmation).
(f) RESPONSIBILITIES OF THE COMMISSIONER OF THE IMMIGRATION AND NATURALIZATION SERVICE- As part of the confirmation system, the Commissioner of the Immigration and Naturalization Service, in consultation with the entity responsible for administration of the system, shall establish a reliable, secure method, which, within the time periods specified under subsections (b) and (c), compares the name and alien identification or authorization number described in section 403(a)(1)(B) of this division which are provided in an inquiry against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided, the correspondence of the name and number, and whether the alien is authorized to be employed in the United States.
(g) UPDATING INFORMATION- The Commissioners of Social Security and the Immigration and Naturalization Service shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention in the secondary verification process described in subsection (c).
(h) LIMITATION ON USE OF THE CONFIRMATION SYSTEM AND ANY RELATED SYSTEMS-
(h)(1) IN GENERAL- Notwithstanding any other provision of law, nothing in this subtitle shall be construed to permit or allow any department, bureau, or other agency of the United States Government to utilize any information, data base, or other records assembled under this subtitle for any other purpose other than as provided for under a pilot program.
(h)(2) NO NATIONAL IDENTIFICATION CARD - Nothing in this subtitle shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.
§656. IMPROVEMENTS IN IDENTIFICATION- RELATED DOCUMENTS.
(a) BIRTH CERTIFICATES -
(a)(1) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES -
(a)(1)(A) IN GENERAL -
(a)(1)(A)( i) GENERAL RULE- Subject to clause (ii), a Federal agency may not accept for any official purpose a certificate of birth, unless the certificate -
(a)(1)(A)( i)(I) is a birth certificate (as defined in paragraph (3)); and
(a)(1)(A)( i)(II) conforms to the standards set forth in the regulation promulgated under subparagraph (B).
(a)(1)(A)(ii) APPLICABILITY - Clause ( i) shall apply only to a certificate of birth issued after the day that is 3 years after the date of the promulgation of a final regulation under subparagraph (B). Clause ( i) shall not be construed to prevent a Federal agency from accepting for official purposes any certificate of birth issued on or before such day.
(a)(1)(B) REGULATION-
(a)(1)(B)( i) CONSULTATION WITH GOVERNMENT AGENCIES- The President shall select 1 or more Federal agencies to consult with State vital statistics offices, and with other appropriate Federal agencies designated by the President, for the purpose of developing appropriate standards for birth certificates that may be accepted for official purposes by Federal agencies, as provided in subparagraph (A).
(a)(1)(B)(ii) SELECTION OFLEADAGENCY - Of the Federal agencies selected under clause ( i), the President shall select 1 agency to promulgate, upon the conclusion of the consultation conducted under such clause, a regulation establishing standards of the type described in such clause.
(a)(1)(B)(iii) DEADLINE - The agency selected under clause (ii) shall promulgate a final regulation under such clause not later than the date that is 1 year after the date of the enactment of this Act.
(a)(1)(B)( iv) MINIMUM REQUIREMENTS- The standards established under this subparagraph-
(a)(1)(B) (iv)(I) at a minimum, shall require certification of the birth certificate by the State or local custodian of record that issued the certificate, and shall require the use of safety paper, the seal of the issuing custodian of record, and other features designed to limit tampering, counterfeiting, and photocopying, or otherwise duplicating, the birth certificate for fraudulent purposes;
(a)(1)(B) (iv)(II) may not require a single design to which birth certificates issued by all States must conform; and
(a)(1)(B) (iv)(III) shall accommodate the differences between the States in the manner and form in which birth records are stored and birth certificates are produced from such records.
(a)(2) GRANTS TO STATES-
(a)(2)(A) ASSISTANCE IN MEETING FEDERAL STANDARDS-
(a)(2)(A)( i) IN GENERAL - Beginning on the date a final regulation is promulgated under paragraph (1 )(B), the Secretary of Health and Human Services, acting through the Director of the National Center for Health Statistics and after consulting with the head of any other agency designated by the President, shall make grants to States to assist them in issuing birth certificates that conform to the standards set forth in the regulation.
(a)(2)(A)(ii) ALLOCATION OF GRANTS- The Secretary shall provide grants to States under this subparagraph in proportion to the populations of the States applying to receive a grant and in an amount needed to provide a substantial incentive for States to issue birth certificates that conform to the standards described in clause ( i).
( b) STATE- ISSUED DRIVERS LICENSES AND COMPARABLE IDENTIFICATION DOCUMENTS-
(b)(1) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES-
(b)(1)(A) IN GENERAL - A Federal agency may not accept for any identification- related purpose a driver's license, or other comparable identification document, issued by a State, unless the license or document satisfies the following requirements:
(b)(1)(A)( i) APPLICATION PROCESS - The application process for the license or document shall include the presentation of such evidence of identity as is required by regulations promulgated by the Secretary of Transportation after consultation with the American Association of Motor Vehicle Administrators.
(b)(1)(A)(ii) SOCIAL SECURITY NUMBER - Except as provided in subparagraph (B), the license or document shall contain a social security account number that can be read visually or by electronic means.
(b)(1)(A)(iii) FORM- The license or document otherwise shall be in a form consistent with requirements set forth in regulations promulgated by the Secretary of Transportation after consultation with the American Association of Motor Vehicle Administrators. The form shall contain security features designed to limit tampering, counterfeiting, photocopying, or otherwise duplicating, the license or document for fraudulent purposes and to limit use of the license or document by impostors.
(b)(1)(B) EXCEPTION - The requirement in subparagraph (A )(ii) shall not apply with respect to a driver's license or other comparable identification document issued by a State, if the State-
(b)(1)(B)( i) does not require the license or document to contain a social security account number; and
(b)(1)(B)(ii) requires-
(b)(1)(B)(ii)(I) every applicant for a driver's license, or other comparable identification document, to submit the applicant's social security account number; and
(b)(1)(B)(ii)(II) an agency of the State to verify with the Social Security Administration that such account number is valid.
(b)(1) (C) DEADLINE- The Secretary of Transportation shall promulgate the regulations referred to in clauses ( i) and (iii) of subparagraph (A) not later than 1 year after the date of the enactment of this Act.
(B)(2) GRANTS TO STATES - Beginning on the date final regulations are promulgated under paragraph (1) , the Secretary of Transportation shall make grants to States to assist them in issuing driver's licenses and other comparable identification documents that satisfy the requirements under such paragraph.
(b)(3) EFFECTIVE DATES-
(b)(3)(A) IN GENERAL - Except as otherwise provided in this paragraph, this subsection shall take effect on the date of the enactment of this Act.
(b)(3)(B) PROHIBITION ON FEDERAL AGENCIES- Subparagraphs (A) and (B) of paragraph (1) shall take effect beginning on October 1, 2000, but shall apply only to licenses or documents issued to an individual for the first time and to replacement or renewal licenses or documents issued according to State law.
(c) REPORT - Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Congress on ways to reduce the fraudulent obtaining and the fraudulent use of birth certificates, including any such use to obtain a social security account number or a State or Federal document related to identification or immigration.
(d) FEDERAL AGENCY DEFINED - For purposes of this section, the term `Federal agency' means any of the following:
(d)(1) An Executive agency (as defined in section 105 of title 5, United States Code).
(d)(2) A military department (as defined in section 102 of such title).
(d)(3) An agency in the legislative branch of the Government of the United States.
(d)(4) An agency in the judicial branch of the Government of the United States.
§657. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT- RESISTANT SOCIAL SECURITY CARD.
(a) DEVELOPMENT-
(a)(1) IN GENERAL - The Commissioner of Social Security (in this section referred to as the `Commissioner') shall, in accordance with the provisions of this section, develop a prototype of a counterfeit- resistant social security card. Such prototype card-
(a)(1)(A) shall be made of a durable, tamper- resistant material such as plastic or polyester;
(a)(1)(B) shall employ technologies that provide security features, such as magnetic stripes, holograms, and integrated circuits; and
(a)(1)(C) shall be developed so as to provide individuals with reliable proof of citizenship or legal resident alien status.
(a)(2) ASSISTANCE BY ATTORNEY GENERAL - The Attorney General shall provide such information and assistance as the Commissioner deems necessary to achieve the purposes of this section.
(b) STUDIES AND REPORTS-
(b)(1) IN GENERAL - The Comptroller General and the Commissioner of Social Security shall each conduct a study, and issue a report to the Congress, that examines different methods of improving the social security card application process.
(b)(2) ELEMENTS OF STUDIES- The studies shall include evaluations of the cost and work load implications of issuing a counterfeit- resistant social security card for all individuals over a 3, 5, and 10 year period. The studies shall also evaluate the feasibility and cost implications of imposing a user fee for replacement cards and cards issued to individuals who apply for such a card prior to the scheduled 3, 5, and 10 year phase- in options.
(b)(3) DISTRIBUTION OF REPORTS - Copies of the reports described in this subsection, along with facsimiles of the prototype cards as described in subsection (a), shall be submitted to the Committees on Ways and Means and Judiciary of the House of Representatives and the Committees on Finance and Judiciary of the Senate not later than 1 year after the date of the enactment of this Act.
It is the sense of the Congress that the mission statement of the Immigration and Naturalization Service should include a statement that it is the responsibility of the Service to detect, apprehend, and remove those aliens unlawfully present in the United States, particularly those aliens involved in drug trafficking or other criminal activity.
§660. AUTHORITY FOR NATIONAL GUARD TO ASSIST IN TRANSPORTATION OF CERTAIN ALIENS.
Section 112(d )(1) of title 32, United States Code, is amended by adding at the end the following new sentence: `The plan as approved by the Secretary may provide for the use of personnel and equipment of the National Guard of that State to assist the Immigration and Naturalization Service in the transportation of aliens who have violated a Federal or State law prohibiting or regulating the possession, use, or distribution of a controlled substance.'.
18 USC Sec. 1028
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS
§1028. Fraud and related activity in connection with identification documents
(a) Whoever, in a circumstance described in subsection (c) of this section -
(a)(1) knowingly and without lawful authority produces an identification document or a false identification document;
(a)(2) knowingly transfers an identification document or a false identification document knowing that such document was stolen or produced without lawful authority;
(a)(3) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor) or false identification documents;
(a)(4) knowingly possesses an identification document (other than one issued lawfully for the use of the possessor) or a false identification document, with the intent such document be used to defraud the United States; or
(a)(5) knowingly produces, transfers, or possesses a document- making implement with the intent such document- making implement will be used in the production of a false identification document or another document- making implement which will be so used;
(a)(6) knowingly possesses an identification document that is or appears to be an identification document of the United States which is stolen or produced without lawful authority knowing that such document was stolen or produced without such authority; or attempts to do so, shall be punished as provided in subsection (b) of this section.
(b) The punishment for an offense under subsection (a) of this section is -
(b)(1) a fine under this title or imprisonment for not more than five years, or both, if the offense is -
(b)(1)(A) the production or transfer of an identification document or false identification document that is or appears to be -
(b)(1)(A)( i) an identification document issued by or under the authority of the United States; or
(b)(1)(A)(ii) a birth certificate, or a driver's license or personal identification card;
(b)(1)(B) the production or transfer of more than five identification documents or false identification documents; or
(b)(1)(C) an offense under paragraph (5) of such subsection;
(b)(2) a fine of (FOOTNOTE 1) under this title or imprisonment for not more than three years, or both, if the offense is -
(b)(2)(A) any other production or transfer of an identification document or false identification document; or
(b)(2)(B) an offense under paragraph (3) of such subsection; and
(b)(3) a fine under this title or imprisonment for not more than one year, or both, in any other case.
(c) The circumstance referred to in subsection (a) of this section is that -
(c)(1) the identification document or false identification document is or appears to be issued by or under the authority of the United States or the document- making implement is designed or suited for making such an identification document or false identification document
(c)(2) the offense is an offense under subsection (a)(4) of this section; or
(c)(3) the production, transfer, or possession prohibited by this section is in or affects interstate or foreign commerce, or the identification document, false identification document, or document- making implement is transported in the mail in the course of the production, transfer, or possession prohibited by this section.
(d) As used in this section -
(d)(1) the term ''identification document'' means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi- governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals;
(d)(2) the term ''produce'' includes alter, authenticate, or assemble;
(d)(3) the term ''document- making implement'' means any implement or impression specially designed or primarily used for making an identification document, a false identification document, or another document- making implement;
(d)(4) the term ''personal identification card'' means an identification document issued by a State or local government solely for the purpose of identification; and
(d)(5) the term ''State'' includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession or territory of the United States.
(e) 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 political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.
FRAUD AND RELATED ACTIVITY IN CONNECTION WITH IDENTIFICATION DOCUMENTS
Pub. L. 98- 473, title II, Sec. 609L, Oct. 12, 1984, 98 Stat.
2103, provided that:
''(a) For purposes of section 1028 of title 18, United States Code, to the maximum extent feasible, personal descriptors or identifiers utilized in identification documents, as defined in such section, shall utilize common descriptive terms and formats designed to -
''(1) reduce the redundancy and duplication of identification systems by providing information which can be utilized by the maximum number of authorities, and
''(2) facilitate positive identification of bona fide holders of identification documents.
''(b) The President shall, no later than 3 years after the date of enactment of this Act (Oct. 12, 1984), and after consultation with Federal, State, local, and international issuing authorities, and concerned groups make recommendations to the Congress for the enactment of comprehensive legislation on Federal identification systems. Such legislation shall -
''(1) give due consideration to protecting the privacy of persons who are the subject of any identification system,
''(2) recommend appropriate civil and criminal sanctions for the misuse or unauthorized disclosure of personal identification information, and
''(3) make recommendations providing for the exchange of personal identification information as authorized by Federal or State law or Executive order of the President or the chief executive officer of any of the several States.''
18 USC Sec. 1546
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 75 - PASSPORTS AND VISAS
§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 containing any such false statement -
Shall be fined under this title or imprisoned not more than 10 years, or both.
(b) Whoever uses -
(b)(1) an identification document, knowing (or having reason to know) that the document was not issued lawfully for the use of the possessor,
(b)(2) an identification document knowing (or having reason to know) that the document is false, or
(b)(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).
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['Illegal Immigration Reform and Immigrant Responsibility Act', 'I-9s', 'Immigration and Nationality Act (INA)']
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