18 U.S.C. § 1426

Reproduction of naturalization or citizenship papers

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(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.

(June 25, 1948, ch. 645, 62 Stat. 767; 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. (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, § 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.

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.

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.

Executive DocumentsTransfer 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, §§ 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.

Notes of Decisions

Cited in 46 cases (3 in the last 5 years), 1961–2024 · leading case: United States v. Epigmenio Garcia-Geronimo

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United States v. Epigmenio Garcia-Geronimo (1981) ca7 · cites it 16× “Defendant was convicted in the United States District Court for the Northern District of Illinois, Eastern Division, on two counts of an indictment 1 charging defendant with the uttering, selling and disposing of false, forged and counterfeited alien registration cards in…”

United States v. Jose Moreno-Pulido (1983) ca9 · cites it 14× “Count One charged the sale of a counterfeit green card in violation of 18 U.S.C. § 1426 (b). Count Two charged the manufacture of the card in violation of 18 U.”

United States v. Bautista Castillo-Felix (1976) ca9 · cites it 7× “Defendant was indicted in Counts II and IV for counterfeiting alien registration receipt cards (Form 1-151) for Mexican citizens Martin Reynosa-Gomez (Martin) and Juan Reynosa-Gomez (Juan) in violation of 18 U.S.C. § 1426 (a), and in Counts III and V for encouraging and inducing…”

Kykhosro Notash v. Alberto R. Gonzales, Attorney General (2005) ca9 · cites it 2× “§ 371 , as well as 18 U.S.C. § 1426 (b), for uttering and selling false and counterfeit papers relating to registry of aliens, knowing the papers to be false or counterfeited.”

KOCHLANI (2007) bia · cites it 3× “For instance, in Matter of Flores, supra, we concluded that moral turpitude inhered in the crime of uttering or selling false or counterfeit paper relating to the registry of aliens in violation of 18 U.S.C. § 1426 (b), even though the statute did not require proof of a specific…”

Jose Ramirez v. Jefferson Sessions III (2018) ca4 “In turn, the BIA in Matter of Jurado-Delgado relied on its prior precedential decision in Matter of Flores , where the BIA concluded that a conviction for falsifying immigration papers under 18 U.S.C. § 1426 (b) qualified as a CIMT.”

United States v. Daniel Mendoza, AKA Daniela Mendoza (2001) ca9 · cites it 2× “18 U.S.C. § 1426 (b) (1994 & Supp. V 1999).”

United States v. Raquel Elvira Ramirez (1982) ca5 · cites it 6× “GEE, Circuit Judge: Appellant Ramirez was indicted on three counts of violating 18 U.S.C. § 1426 (b), which provides in pertinent part “Whoever utters, sells, disposes of or uses as true or genuine, any false .”

United States v. Maria Delia Estrada De Castillo (1977) ca9 · cites it 2× “The defendant was convicted of selling and disposing of a counterfeit alien registration receipt card in violation of 18 U.S.C. § 1426 (b), was sentenced to two years’ imprisonment, and was fined $1500.”

United States v. Frank Smith, Keith McCain Russell Ellis, Eric Wilson, Sherman Moore, Steven Pink and Charles Poteete (2000) ca7 “The use of the term “dispose of’ in the indictment was thus sufficient for charging intent, bearing in mind the fact that the criminal intent element may be alleged in any form that substantially states it.”

United States v. Lionel Mohabir (1980) ca2 “18 U.S.C. §§ 1426 and 1546. 3 . As the government concedes in its brief, the statement from the interrogation admitted at trial — consisting of certain admissions and false exculpatory statements — was “particularly important” to the prosecution case, since the key issue for the…”

Bautista Castillo-Felix v. Immigration & Naturalization Service (1979) ca9 “Petitioner was also convicted of aiding and abetting the counterfeiting of alien registration receipt cards, 18 U.S.C. § 1426 (a) (1976), but those counts were reversed on appeal to this court because of insufficient proof that the criminal acts occurred in the United States.”

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