-CITE- 18 USC CHAPTER 69 - NATIONALITY AND CITIZENSHIP 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 69 - NATIONALITY AND CITIZENSHIP -HEAD- CHAPTER 69 - NATIONALITY AND CITIZENSHIP -MISC1- Sec. 1421. Accounts of court officers. 1422. Fees in naturalization proceedings. 1423. Misuse of evidence of citizenship or naturalization. 1424. Personation or misuse of papers in naturalization proceedings. 1425. Procurement of citizenship or naturalization unlawfully. 1426. Reproduction of naturalization or citizenship papers. 1427. Sale of naturalization or citizenship papers. 1428. Surrender of canceled naturalization certificate. 1429. Penalties for neglect or refusal to answer subpena. -End- -CITE- 18 USC Sec. 1421 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 69 - NATIONALITY AND CITIZENSHIP -HEAD- Sec. 1421. Accounts of court officers -STATUTE- Whoever, being a clerk or assistant clerk of a court, or other person charged by law with a duty to render true accounts of moneys received in any proceeding relating to citizenship, naturalization, or registration of aliens or to pay over any balance of such moneys due to the United States, willfully neglects to do so within thirty days after said payment shall become due and demand therefor has been made, shall be fined under this title or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on subsections (a)(34), (d) and (l) of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, Sec. 346(a)(34), (d), (l), 54 Stat. 1167, 1168). Minor changes in phraseology only were made. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000". -End- -CITE- 18 USC Sec. 1422 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 69 - NATIONALITY AND CITIZENSHIP -HEAD- Sec. 1422. Fees in naturalization proceedings -STATUTE- Whoever knowingly demands, charges, solicits, collects, or receives, or agrees to charge, solicit, collect, or receive any other or additional fees or moneys in proceedings relating to naturalization or citizenship or the registry of aliens beyond the fees and moneys authorized by law, shall be fined under this title or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on subsections (a)(33), (d), (l) of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, Sec. 346(a)(33), (d), (l), 54 Stat. 1167, 1168). Minor changes in phraseology were made. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000". -End- -CITE- 18 USC Sec. 1423 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 69 - NATIONALITY AND CITIZENSHIP -HEAD- Sec. 1423. Misuse of evidence of citizenship or naturalization -STATUTE- Whoever knowingly uses for any purpose any order, certificate, certificate of naturalization, certificate of citizenship, judgment, decree, or exemplification, unlawfully issued or made, or copies or duplicates thereof, showing any person to be naturalized or admitted to be a citizen, shall be fined under this title or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on subsections (a)(14), (b), (d) of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, Sec. 346(a)(14), (b), (d), 54 Stat. 1165, 1167). Section consolidates subsections (a) paragraph (14), (b), (d), and the general punishment provision of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality. The reference "for the purpose of voting" was omitted as surplusage being embraced in the all-inclusive phrase "for any purpose." Changes in phraseology were made. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000". -End- -CITE- 18 USC Sec. 1424 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 69 - NATIONALITY AND CITIZENSHIP -HEAD- Sec. 1424. Personation or misuse of papers in naturalization proceedings -STATUTE- Whoever, whether as applicant, declarant, petitioner, witness or otherwise, in any naturalization or citizenship proceeding, knowingly personates another or appears falsely in the name of a deceased person or in an assumed or fictitious name; or Whoever knowingly and unlawfully uses or attempts to use, as showing naturalization or citizenship of any person, any order, certificate, certificate of naturalization, certificate of citizenship, judgment, decree, or exemplification, or copies or duplicates thereof, issued to another person, or in a fictitious name or in the name of a deceased person - Shall be fined under this title or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on subsection (a) pars. (6)(a), (b), (15), (b), (d) of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, Sec. 346(a), pars. (6), (15), (b), (d), 54 Stat. 1164, 1165, 1167). Section consolidates, with minor verbal changes, subsections (a), pars. (6)(a), (b), (15), (b), (d), and the general punishment provision of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000" in last par. -End- -CITE- 18 USC Sec. 1425 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 69 - NATIONALITY AND CITIZENSHIP -HEAD- Sec. 1425. Procurement of citizenship or naturalization unlawfully -STATUTE- (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. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-208, div. C, title II, Sec. 211(a)(2), Sept. 30, 1996, 110 Stat. 3009-569; Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(3), Nov. 2, 2002, 116 Stat. 1806.) -MISC1- 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, Sec. 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. 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. EFFECTIVE DATE OF 1996 AMENDMENT Amendment 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. -End- -CITE- 18 USC Sec. 1426 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 69 - NATIONALITY AND CITIZENSHIP -HEAD- Sec. 1426. Reproduction of naturalization or citizenship papers -STATUTE- (a) Whoever falsely makes, forges, alters or counterfeits any oath, notice, affidavit, certificate of arrival, declaration of intention, certificate or documentary evidence of naturalization or citizenship or any order, record, signature, paper or proceeding or any copy thereof, required or authorized by any law relating to naturalization or citizenship or registry of aliens; or (b) Whoever utters, sells, disposes of or uses as true or genuine, any false, forged, altered, antedated or counterfeited oath, notice, affidavit, certificate of arrival, declaration of intention to become a citizen, certificate or documentary evidence of naturalization or citizenship, or any order, record, signature or other instrument, paper or proceeding required or authorized by any law relating to naturalization or citizenship or registry of aliens, or any copy thereof, knowing the same to be false, forged, altered, antedated or counterfeited; or (c) Whoever, with intent unlawfully to use the same, possesses any false, forged, altered, antedated or counterfeited certificate of arrival, declaration of intention to become a citizen, certificate or documentary evidence of naturalization or citizenship purporting to have been issued under any law of the United States, or copy thereof, knowing the same to be false, forged, altered, antedated or counterfeited; or (d) Whoever, without lawful authority, engraves or possesses, sells or brings into the United States any plate in the likeness or similitude of any plate designed, for the printing of a declaration of intention, or certificate or documentary evidence of naturalization or citizenship; or (e) Whoever, without lawful authority, brings into the United States any document printed therefrom; or (f) Whoever, without lawful authority, possesses any blank certificate of arrival, blank declaration of intention or blank certificate of naturalization or citizenship provided by the Immigration and Naturalization Service, with intent unlawfully to use the same; or (g) Whoever, with intent unlawfully to use the same, possesses a distinctive paper adopted by the proper officer or agency of the United States for the printing or engraving of a declaration of intention to become a citizen, or certificate of naturalization or certificate of citizenship; or (h) Whoever, without lawful authority, prints, photographs, makes or executes any print or impression in the likeness of a certificate of arrival, declaration of intention to become a citizen, or certificate of naturalization or citizenship, or any part thereof - 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. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 767; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-208, div. C, title II, Sec. 211(a)(2), Sept. 30, 1996, 110 Stat. 3009-569; Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(3), Nov. 2, 2002, 116 Stat. 1806.) -MISC1- HISTORICAL AND REVISION NOTES Based on subsections (a) pars. (8)-(12), (16), (17), (20)-(29), (b), (d), (l) of section 746 of Title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, Sec. 346(a) pars. (8)- (12), (16), (17), (20)-(29), (b), (d), (l), 54 Stat. 1164-1168). Sections consolidates numerous similar paragraphs with necessary changes in phraseology and translations. References to persons causing, procuring, aiding, abetting, or assisting were omitted as unnecessary, such persons being principals under definitive section 2 of this title. 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. EFFECTIVE DATE OF 1996 AMENDMENT Amendment 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. -TRANS- TRANSFER OF FUNCTIONS Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. 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 Title 8, Aliens and Nationality. -End- -CITE- 18 USC Sec. 1427 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 69 - NATIONALITY AND CITIZENSHIP -HEAD- Sec. 1427. Sale of naturalization or citizenship papers -STATUTE- Whoever unlawfully sells or disposes of a declaration of intention to become a citizen, certificate of naturalization, certificate of citizenship or copies or duplicates or other documentary evidence of naturalization or citizenship, 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. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 767; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-208, div. C, title II, Sec. 211(a)(2), Sept. 30, 1996, 110 Stat. 3009-569; Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(3), Nov. 2, 2002, 116 Stat. 1806.) -MISC1- HISTORICAL AND REVISION NOTES Based on subsections (a) par. (13), (d) of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, Sec. 346(a)(13), (d), 54 Stat. 1165, 1167). Minor changes were made in phraseology. AMENDMENTS 2002 - Pub. L. 107-273 substituted "to facilitate" for "to facility". 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". 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000". EFFECTIVE DATE OF 1996 AMENDMENT Amendment 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. -End- -CITE- 18 USC Sec. 1428 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 69 - NATIONALITY AND CITIZENSHIP -HEAD- Sec. 1428. Surrender of canceled naturalization certificate -STATUTE- Whoever, having in his possession or control a certificate of naturalization or citizenship or a copy thereof which has been canceled as provided by law, fails to surrender the same after at least sixty days' notice by the appropriate court or the Commissioner or Deputy Commissioner of Immigration, shall be fined under this title or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 767; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on subsections (a) par. (31), (b), (d) of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, Sec. 346(a) par. (31), (b), (d), 54 Stat. 1167). Subsection (b) of said section 746 of title 8 is the authority for inserting "or a copy thereof" after "citizenship." Changes were made in phraseology. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000". -TRANS- TRANSFER OF FUNCTIONS Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested, in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2, of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. 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 Title 8, Aliens and Nationality. -End- -CITE- 18 USC Sec. 1429 01/03/2007 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 69 - NATIONALITY AND CITIZENSHIP -HEAD- Sec. 1429. Penalties for neglect or refusal to answer subpena -STATUTE- Any person who has been subpenaed under the provisions of subsection (d) of section 336 of the Immigration and Nationality Act to appear at the final hearing of an application for naturalization, and who shall neglect or refuse to so appear and to testify, if in the power of such person to do so, shall be fined under this title or imprisoned not more than five years, or both. -SOURCE- (Added June 27, 1952, ch. 477, title IV, Sec. 402(b), 66 Stat. 276; amended Pub. L. 97-116, Sec. 18(u)(1), Dec. 29, 1981, 95 Stat. 1621; Pub. L. 101-649, title IV, Sec. 407(c)(21), Nov. 29, 1990, 104 Stat. 5041; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) -REFTEXT- REFERENCES IN TEXT Subsection (d) of section 336 of the Immigration and Nationality Act, referred to in text, is classified to section 1447(d) of Title 8, Aliens and Nationality. -MISC1- AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000". 1990 - Pub. L. 101-649 substituted "an application" for "a petition". 1981 - Pub. L. 97-116 substituted "subsection (d)" for "subsection (e)". EFFECTIVE DATE OF 1990 AMENDMENT; SAVINGS PROVISIONS Amendment by Pub. L. 101-649 effective Nov. 29, 1990, with general savings provisions, see section 408(a)(3) and (d) of Pub. L. 101-649, set out as a note under section 1421 of Title 8, Aliens and Nationality. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116, set out as a note under section 1101 of Title 8, Aliens and Nationality. -End-