1909
Failure to Disclose Role as Preparer of False
Application
for Immigration Benefits
|
The Illegal Immigration Reform and Immigrant Responsibility Act
(IIRIRA)
added a new subsection (e) to 8 U.S.C. § 1324c, which makes it an
offense,
punishable by up to 5 years in prison, for any person, in connection with
any
matter within the jurisdiction of the Immigration and Naturalization
Service, to
knowingly and willfully fail to disclose, conceal or cover up the fact that
such
person, on behalf of any other person and for a fee or other remuneration,
prepared or assisted in the preparation of a falsely made application for
immigration benefits. Prosecutions based solely on an individual's failure
to
disclose his or her involvement in preparing a false application would be
subject
to constitutional challenge. See Marchetti v. United States,
390
U.S. 39 (1968). Accordingly, prosecutions under this section should focus
on the
accused's efforts to affirmatively conceal and cover up his/her involvement
in
preparing fraudulent immigration applications. Repeat offenders under this
section, i.e. persons who, having been convicted of such an offense,
thereafter
knowingly and willfully prepare or assist in preparing an application for
immigration benefits, whether or not for a fee or other remuneration, shall
be
subject to imprisonment for up to 15 years.
[cited in USAM 9-73.100] | |