8 U.S.C. § 1306 — Penalties
submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 409 words · no verdicts yet
This section makes several immigration violations misdemeanors and sets fines or imprisonment. It covers willful failure to register or be fingerprinted, failure to report an address change, false registration statements, and counterfeiting registration documents.
(a) Willful failure to register. An alien* required to apply for registration and fingerprinting in the United States who willfully fails or refuses to do so, and a parent or legal guardian required to register an alien who willfully fails or refuses to apply, commits a misdemeanor. On conviction, the person may be fined up to $1,000, imprisoned up to six months, or both. (b) Failure to report address change. An alien, or a parent or legal guardian in the United States of an alien, who fails to give the Attorney General* written notice required by section 1305 commits a misdemeanor. On conviction, the person may be fined up to $200, imprisoned up to 30 days, or both. Whether or not the alien is convicted and punished, an alien who fails to give that notice must be taken into custody and removed under part IV of this subchapter unless the alien satisfies the Attorney General that the failure was reasonably excusable or not willful. (c) False statements. An alien or an alien’s parent or legal guardian who files a registration application containing statements the filer knows are false, or who uses fraud to obtain or try to obtain registration for the filer or another person, commits a misdemeanor. On conviction, the person may be fined up to $1,000, imprisoned up to six months, or both. An alien convicted under this subsection must, on the Attorney General’s warrant, be taken into custody and removed under part IV. (d) Counterfeiting. A person who, with unlawful intent, photographs, prints, or otherwise makes or executes an engraving, photograph, print, or impression resembling an alien-registration certificate or alien-registration receipt card, or a recognizable imitation, commits an offense unless the person is authorized under the Attorney General’s rules. On conviction, the person may be fined up to $5,000, imprisoned up to five years, or both.
Any alien* required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both.
Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice to the Attorney General*, as required by section 1305 of this title, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both. Irrespective of whether an alien is convicted and punished as herein provided, any alien who fails to give written notice to the Attorney General, as required by section 1305 of this title, shall be taken into custody and removed in the manner provided by part IV of this subchapter, unless such alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.
Any alien or any parent or legal guardian of any alien, who files an application for registration containing statements known by him to be false, or who procures or attempts to procure registration of himself or another person through fraud, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000, or be imprisoned not more than six months, or both; and any alien so convicted shall, upon the warrant of the Attorney General, be taken into custody and be removed in the manner provided in part IV of this subchapter.
Any person who with unlawful intent photographs, prints, or in any other manner makes, or executes, any engraving, photograph, print, or impression in the likeness of any certificate of alien registration or an alien registration receipt card or any colorable imitation thereof, except when and as authorized under such rules and regulations as may be prescribed by the Attorney General, shall upon conviction be fined not to exceed $5,000 or be imprisoned not more than five years, or both.
Source credit: (June 27, 1952, ch. 477, title II, ch. 7, § 266, 66 Stat. 225; Pub. L. 104–208, div. C, title III, § 308(e)(2)(G), (g)(9)(A), Sept. 30, 1996, 110 Stat. 3009–620, 3009–624.)
- 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 225
- 1996Amended · Pub. L. 104-208 · 110 Stat. 3009
A history note hasn’t been published yet. The record shows enactment by ch. 477 on 1952-06-27.
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