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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 47 — Fraud and False Statements

§ 1015. Naturalization, citizenship or alien registry

Statutory text

(a)

Whoever knowingly makes any false statement under oath, in any case, proceeding, or matter relating to, or under, or by virtue of any law of the United States relating to naturalization, citizenship, or registry of aliens; or

(b)

Whoever knowingly, with intent to avoid any duty or liability imposed or required by law, denies that he has been naturalized or admitted to be a citizen, after having been so naturalized or admitted; or

(c)

Whoever uses or attempts to use any certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship or other documentary evidence of naturalization or of citizenship, or any duplicate or copy thereof, knowing the same to have been procured by fraud or false evidence or without required appearance or hearing of the applicant in court or otherwise unlawfully obtained; or

(d)

Whoever knowingly makes any false certificate, acknowledgment or statement concerning the appearance before him or the taking of an oath or affirmation or the signature, attestation or execution by any person with respect to any application, declaration, petition, affidavit, deposition, certificate of naturalization, certificate of citizenship or other paper or writing required or authorized by the laws relating to immigration, naturalization, citizenship, or registry of aliens; or

(e)

Whoever knowingly makes any false statement or claim that he is, or at any time has been, a citizen or national of the United States, with the intent to obtain on behalf of himself, or any other person, any Federal or State benefit or service, or to engage unlawfully in employment in the United States; or

(f)

Whoever knowingly makes any false statement or claim that he is a citizen of the United States in order to register to vote or to vote in any Federal, State, or local election (including an initiative, recall, or referendum)—

Shall be fined under this title or imprisoned not more than five years, or both. Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 1015

    June 25, 1948, ch. 645, 62 Stat. 752

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 752

  2. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 title XXXIII § 330016(1)(K) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 1015

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

    Source evidence

    Code amendment note
    Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000” in concluding par.

    Enacted provision · exact public law section
    (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;

  3. Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 div. C title II § 215 · 110 Stat. 3009

    Added · 18 U.S.C. § 1015(e); 18 U.S.C. § 1015(f)

    Pub. L. 104–208 added subsecs. (e) and (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 104–208 added subsecs. (e) and (f).

    Enacted provision · exact public law section
    Sec. 215. Section 345 of Public Law 104–193 is amended by replacing “section 457(a)” wherever it appears with “a plan approved 42 USC 652 note. under this part”. Amounts available under such section shall be calculated as though such section were effective October 1, 1995. This title may be cited as the “Department of Health and Human Services Appropriations Act, 1997”.

    Effective date note
    Amendment by Pub. L. 106–395 effective as if included in the enactment of section 215 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, div. C of Pub. L. 104–208, and applicable to an alien prosecuted on or after Sept. 30, 1996, except in the case of an alien whose criminal proceeding (including judicial review thereof) has been finally concluded before Oct. 30, 2000, see section 201(d)(3) of Pub. L. 106–395, set out as a note under section 611 of this title.

  4. Child Citizenship Act of 2000

    Pub. L. 106–395 title II § 201(d)(2) · 114 Stat. 1631

    Inserted · 18 U.S.C. § 1015

    Pub. L. 106–395 inserted at end of concluding provisions “Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States.”

    Source evidence

    Code amendment note
    Pub. L. 106–395 inserted at end of concluding provisions “Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States.”

    Enacted provision · exact public law section
    (2) Criminal penalty for false claim to citizenship.— Section 1015 of title 18, United States Code, is amended by adding at the end the following: “Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States.”.

    Effective date note
    Amendment by Pub. L. 106–395 effective as if included in the enactment of section 215 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, div. C of Pub. L. 104–208, and applicable to an alien prosecuted on or after Sept. 30, 1996, except in the case of an alien whose criminal proceeding (including judicial review thereof) has been finally concluded before Oct. 30, 2000, see section 201(d)(3) of Pub. L. 106–395, set out as a note under section 611 of this title.

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on subsections (a), paragraphs (1), (16), (17), (19), (32), (b), (d), and (l) of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, § 346(a), pars. (1), (16), (17), (19), (32), (b), (d), and (l), 45 Stat. 1163, 1165, 1167).

Section consolidates, with minor changes, subsection (a), paragraphs (1), (16), (17), (19), (32), and subsections (b), (d), and (l), of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality.

Such changes of arrangement and phraseology were made as were appropriate and necessary.

Editorial Notes

Amendments1994–2000 · 3 rounds

2000

Pub. L. 106–395 inserted at end of concluding provisions “Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States.”

1996

Subsecs. (e), (f). Pub. L. 104–208 added subsecs. (e) and (f).

1994

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

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–395 effective as if included in the enactment of section 215 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, div. C of Pub. L. 104–208, and applicable to an alien prosecuted on or after , except in the case of an alien whose criminal proceeding (including judicial review thereof) has been finally concluded before , see section 201(d)(3) of Pub. L. 106–395, set out as a note under section 611 of this title.

Credits

1948–2000 · 4 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 752
  2. 1994Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147
  3. 1996Pub. L. 104–208, div. C, title II, § 215, , 110 Stat. 3009–572
  4. 2000Pub. L. 106–395, title II, § 201(d)(2), , 114 Stat. 1635.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 752; Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147; Pub. L. 104–208, div. C, title II, § 215, , 110 Stat. 3009–572; Pub. L. 106–395, title II, § 201(d)(2), , 114 Stat. 1635.)

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