18 U.S.C. § 1425

Procurement of citizenship or naturalization unlawfully

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(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.

(June 25, 1948, ch. 645, 62 Stat. 766; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–208, div. C, title II, § 211(a)(2), Sept. 30, 1996, 110 Stat. 3009–569; Pub. L. 107–273, div. B, title IV, § 4002(a)(3), Nov. 2, 2002, 116 Stat. 1806.)Historical and Revision Notes

Based on subsections (a) pars. (2)–(5), (7), (b), and (d) of section 746 of Title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, § 346(a), pars. (2)–(5), (7), (b), (d), 54 Stat. 1163, 1164, 1167).

Section consolidates five similar paragraphs, and the punishment provisions of subsection (d) of said section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality, with minor necessary changes in translations and phraseology. Numerous references to aiding and assisting were omitted as unnecessary as such persons are principals under definitive section 2 of this title.

Words “a certificate of arrival or” were inserted before “any certificate” in subsection (b), so as to remove any doubt as to scope of section.

Editorial NotesAmendments

2002—Pub. L. 107–273 substituted “to facilitate” for “to facility” in last par.

1996—Pub. L. 104–208 substituted “imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facility such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense)” for “imprisoned not more than five years” in last par.

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000” in last par.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 210 cases (35 in the last 5 years), 1949–2026 · leading case: United States v. Divna Maslenjak, 821 F.3d 675 (6th Cir. 2016).

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United States v. Divna Maslenjak, 821 F.3d 675 (6th Cir. 2016). · cites it 116× “Divna Maslenjak appeals her conviction for knowingly procuring her naturalization contrary to law in violation of 18 U.S.C. § 1425 (a). Maslenjak, an ethnic Serb and native of Bosnia, came to the United States in 2000 as a refugee fleeing the civil war in the former Yugoslavia.”

United States v. Rasmieh Odeh, 815 F.3d 968 (6th Cir. 2016). · cites it 12× “Rasmieh Odeh appeals the judgment entering her conviction and sentence for violating 18 U.S.C. § 1425 (a), which criminalizes knowingly procuring naturalization contrary to law.”

United States v. Osama Musa Alferahin, 433 F.3d 1148 (9th Cir. 2006). · cites it 8× “Osama Musa Alferahin appeals his conviction under 18 U.S.C. § 1425 (a) for knowingly procuring naturalization “contrary to law.”

Maslenjak v. United States, 2017 U.S. LEXIS 4042 (2017). · cites it 4× “A federal statute, 18 U.S.C. § 1425 (a), makes it a crime to "knowingly *1923 procure[ ], contrary to law, the naturalization of any person.”

Amouzadeh v. Winfrey, 467 F.3d 451 (5th Cir. 2006). · cites it 8× “The issues are (1) whether unlawful procurement of naturalization in violation of 18 U.S.C. § 1425 (a) is a crime involving moral turpitude under section 237(a)(2)(A)(ii) of the Immigration and Naturalization Act, as amended (“INA”), 1 and (2) whether Am-ouzadeh was eligible for…”

United States v. Fawaz Mohammed Damrah, A/K/A Fawaz Damra, 412 F.3d 618 (6th Cir. 2005). · cites it 6× “Fawaz Mohammed Damrah was found guilty of unlawfully obtaining citizenship in violation of 18 U.S.C. § 1425 by making false statements in a citizenship application and interview.”

L. Xia v. Rex Tillerson, 865 F.3d 643 (D.C. Cir. 2017). · cites it 3× “If an individual knowingly procures naturalization or a certificate or evidence of citizenship to which the puta *651 tive citizen is not entitled, the government may criminally prosecute her under 18 U.S.C. § 1425 . Once a person is convicted under section 1425, the federal…”

United States v. Mensah, 737 F.3d 789 (1st Cir. 2013). · cites it 8× “The government detected Mensah’s double dipping, and he was subsequently found guilty by a jury on a charge of unlawful procurement of naturalization, in violation of 18 U.S.C. § 1425 (a), based on his concealment of his Appiah identity.”

United States v. Emma F. Lopez, 704 F.2d 1382 (5th Cir. 1983). · cites it 18× “Lopez, pleaded guilty in' February 1980 to a one-count violation of 18 U.S.C. § 1425 which proscribes the knowing procurement of any certificate or other evidence of citizenship for any person not entitled thereto.”

United States v. Fadi Alameh, 341 F.3d 167 (2d Cir. 2003). · cites it 6× “Wood of the United States District Court for the Southern District of New York, defendant Fadi Ala-meh was convicted of one count of unlawful procurement of naturalization in violation of 18 U.S.C. § 1425 (b). On appeal, the defendant challenges this conviction on multiple…”

United States v. Gregory Garcia, 855 F.3d 615 (4th Cir. 2017). · cites it 2× “DUNCAN, Circuit Judge: Defendant-Appellant Gregory Garcia appeals his conviction on two counts of unlawful procurement of naturalization, in violation of 18 U.S.C. § 1425 (a). On appeal, Garcia argues that the district court erred by (1) denying his post-trial motions for…”

United States v. Julia Nguyen, 829 F.3d 907 (8th Cir. 2016). · cites it 4× “After a lengthy investigation by state and federal law enforcement, a federal grand jury indicted Nguyen on twenty-two counts, including attempted naturalization fraud, 18 U.S.C. § 1425 (a); theft of government funds, 18 U.”

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