U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— IMMIGRATION › Part Part VII— Registration of Aliens

8 U.S.C. § 1306

Penalties

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(a) Willful failure to register

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.

(b) Failure to notify change of address

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.

(c) Fraudulent statements

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.

(d) Counterfeiting

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.

(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.)Editorial NotesAmendments

1996—Subsecs. (b), (c). Pub. L. 104–208 substituted “removed” for “deported” and “part IV” for “Part V”.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 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 this title.

Notes of Decisions
Cited in 45 cases (2 in the last 5 years), 1954–2026 · leading case: United States v. Arizona, 641 F.3d 339 (9th Cir. 2011).
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United States v. Arizona, 641 F.3d 339 (9th Cir. 2011). · cites it 4× “8 U.S.C. § 1306 (a)-(d). These provisions include no mention of state participation in the registration scheme.”
Martinez-Medina v. Holder, 673 F.3d 1029 (9th Cir. 2010). · cites it 3× “Nor is there any other federal criminal statute making unlawful presence in the United States, alone, a federal crime, although an alien’s willful failure to register his *1031 presence in the United States when required to do so is a crime, see 8 U.S.C. § 1306 (a), and other…”
United States v. Campos-Serrano, 404 U.S. 293 (1971). · cites it 4× “In 8 U. S. C. § 1306 (c) and § 1306 (d), it specifically provided for the punishment of one "who procures or attempts to procure registration of himself or another person through fraud" and of one who counterfeits an alien registration receipt card.”
Ayuda, Inc. v. Richard Thornburgh, 880 F.2d 1325 (D.C. Cir. 1989). · cites it 4× “” 8 U.S.C. § 1306 (b) (1982). *1329 The putative intervenors alleged that the INS had been “denying these nonimmi-grant aliens [who violated the reporting requirement prior to 1982] the opportunity to apply for legalization, even after this court’s clarification of the ‘known to…”
United States v. Alabama, 813 F. Supp. 2d 1282 (N.D. Ala. 2011). · cites it 14× “§ 1304 (e) or 8 U.S.C. § 1306 (a) and is unlawfully present in the United States.”
United States v. Bautista Castillo-Felix, 539 F.2d 9 (9th Cir. 1976). · cites it 2× “We find without merit the contention that, since 8 U.S.C. § 1306 (d) is specific as to the counterfeiting of alien registration receipt cards, the prosecution should have been under it rather than under the more general provisions of 18 U.”
United States v. State of Alabama, 691 F.3d 1269 (11th Cir. 2012). “§§ 1304 (e) or 8 U.S.C. § 1306 (a), the federal provisions governing alien registration.”
Rajah v. Mukasey, 544 F.3d 427 (2d Cir. 2008). “Therefore, *442 an alien who is not in legal status could be exposed to further investigation and subsequent prosecution by producing a foreign passport, 1-94, or statements regarding immigration status.”
G-y-r, 23 I. & N. Dec. 181 (BIA 2001). “181 (BIA 2001) Interim Decision #3458 Attorney General apprised of her whereabouts or face certain consequences under section 266 of the Act, 8 U.S.C. § 1306 (1994 & Supp. V 1999). The respondent has not replied to the Service’s appeal.”
United States v. Geoffry Kouevi, 698 F.3d 126 (3rd Cir. 2012). · cites it 2× “” To be sure, Krstic could have been charged under the fourth paragraph of § 1546(a), as well as under 8 U.S.C. § 1306 (c), two provisions that prohibit making false statements to immigration authorities.”
United States v. Alfredo Gracidas-Ulibarry, 231 F.3d 1188 (9th Cir. 2000). “§§ 1287 , 1306, 1324, 1325 and 1328 each used terms such as "knowingly,” "wilfully,” "unlawful intent” and "purpose,” which explicitly indicated specific intent was required, while 8 U.S.C. §§ 1306 (b), 1306(c), 1321, 1322, 1323 and 1326 did not.”
United States v. Witkovich, 353 U.S. 194 (1957). · cites it 2× “225 , 8 U. S. C. § 1306 . Congress thought that deportees should have closer supervision than other aliens.”
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