I 
111TH CONGRESS 
1ST SESSION 
H. R. 994 
To remove the incentives and loopholes that encourage illegal aliens to come 
to the United States to live and work, provide additional resources 
to local law enforcement and Federal border and immigration officers, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2009 
Mr. GARY G. MILLER of California (for himself, Mr. ROHRABACHER, Mr. 
BURTON of Indiana, Mr. BOOZMAN, Mr. CAMPBELL, Mr. DREIER, Mr. 
BILBRAY, Mr. FLEMING, Mr. GALLEGLY, and Mrs. MYRICK) introduced 
the following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committees on Oversight and Government Reform, 
Education and Labor, House Administration, Financial Services, Home-
land Security, and Ways and Means, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To remove the incentives and loopholes that encourage illegal 
aliens to come to the United States to live and work, 
provide additional resources to local law enforcement and 
Federal border and immigration officers, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Loophole Elimination 
and Verification Enforcement Act’’ or the ‘‘LEAVE Act’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to prohibit all activities 
that assist, encourage, direct, or induce an alien to reside 
in or remain in the United States or to attempt to reside 
in the United States, knowing or in reckless disregard of 
the fact that the alien is not authorized to be present in 
the United States. 
SEC. 3. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Purpose. 
Sec. 3. Table of contents. 
TITLE I—ALIEN SMUGGLING AND RELATED OFFENSES 
Sec. 101. Alien smuggling and related offenses. 
TITLE II—IDENTITY SECURITY 
Subtitle A—Photo Identification 
Sec. 201. Forms of acceptable identification for Federal Government purposes. 
Sec. 202. Forms of acceptable identification for financial institutions. 
Subtitle B—Prohibition on Driver’s Licenses for Unlawfully Present Aliens 
Sec. 211. Prohibition on issuing driver’s licenses to illegal aliens. 
Subtitle C—Stopping Social Security Number Abuse 
Sec. 221. Effect of final regulation on ‘‘no-match’’ letters. 
Subtitle D—Birth/Death Registry 
Sec. 231. Establishment of electronic birth and death registration systems. 
Subtitle E—Reform of Passport Fraud Offenses 
Sec. 241. Trafficking in passports. 
Sec. 242. False statement in an application for a passport. 
Sec. 243. Forgery and unlawful production of a passport. 
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Sec. 244. Misuse of a passport. 
Sec. 245. Schemes to defraud aliens. 
Sec. 246. Immigration and visa fraud. 
Sec. 247. Alternative imprisonment maximum for certain offenses. 
Sec. 248. Attempts, conspiracies, jurisdiction, and definitions. 
Sec. 249. Clerical amendment. 
TITLE III—BIRTHRIGHT CITIZENSHIP 
Sec. 301. Citizenship at birth for certain persons born in the United States. 
TITLE IV—HOUSING AND HOMEOWNERSHIP 
Sec. 401. Mortgages prohibited for principal residences of individuals who lack 
valid personal identification. 
Sec. 402. Prohibition on public housing and section 8 rental assistance for ille-
gal aliens. 
Sec. 403. Prohibition on renting of dwelling units to illegal aliens. 
Sec. 404. Prohibition on Federal and government-sponsored enterprise support 
for mortgages for illegal aliens. 
TITLE V—TAXES AND SOCIAL SECURITY 
Sec. 501. Prohibiting totalization agreements that benefit unlawfully present 
aliens. 
Sec. 502. No Social Security credit for work performed while unlawfully 
present. 
Sec. 503. Limited eligibility for credits. 
Sec. 504. Reducing individual taxpayer identification number abuse. 
TITLE VI—EMPLOYEE VERIFICATION 
Subtitle A—General Provisions 
Sec. 601. Mandatory employment authorization verification. 
Sec. 602. Mandatory notification of SSN mismatches and multiple uses and de-
terminations of ineligibility for employment. 
Sec. 603. Penalty for failure to file correct information returns. 
Sec. 604. Authorization of appropriations. 
Subtitle B—Self-Employed Subcontractors Loophole 
Sec. 611. Requiring self-employed subcontractors to participate in employment 
eligibility verification pilot program. 
Subtitle C—Prohibition on Unlawful Employment of Aliens in Capitol 
Sec. 621. Requiring legislative branch contractors to participate in employment 
eligibility verification pilot program. 
Sec. 622. Capitol complex defined. 
Sec. 623. Effective date; transition for current contracts. 
Subtitle D—Coordination Between SSA and IRS 
Sec. 631. Availabilty of information. 
TITLE VII—PROHIBITING UNLAWFULLY PRESENT ALIENS FROM 
OBTAINING FINANCIAL SERVICES 
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Sec. 701. Foreign-issued forms of identification prohibited as proof of identity 
to open accounts at financial institutions. 
Sec. 702. ‘‘Know your customer’’ regulations applied to certain transmitting 
businesses. 
Sec. 703. Requirements relating to the United States Postal Service. 
Sec. 704. Applicability of identification rules to certain transactions involving 
the Federal Reserve Board, including the Directo a Me´xico 
program. 
TITLE VIII—BORDER AND LAW ENFORCEMENT 
Sec. 801. Construction of border fencing and security improvements. 
Sec. 802. Increase in full-time Border Patrol agents. 
Sec. 803. Increase in number of ICE agents. 
TITLE IX—STATE AND LOCAL GOVERNMENT AUTHORITY 
Subtitle A—General Provisions 
Sec. 901. State defined; severability. 
Sec. 902. Federal affirmation of assistance in the immigration law enforcement 
by States and political subdivisions of States. 
Sec. 903. State authorization for assistance in the enforcement of immigration 
laws encouraged. 
Sec. 904. Listing of immigration violators in the National Crime Information 
Center database. 
Sec. 905. State and local law enforcement provision of information about appre-
hended aliens. 
Sec. 906. Financial assistance to State and local police agencies that assist in 
the enforcement of immigration laws. 
Sec. 907. Increased Federal detention space. 
Sec. 908. Federal custody of aliens unlawfully present in the United States ap-
prehended by State or local law enforcement. 
Sec. 909. Training of State and local law enforcement personnel relating to the 
enforcement of immigration laws. 
Sec. 910. Immunity. 
Sec. 911. Institutional removal program (IRP). 
Subtitle B—Eliminating Sanctuary Cities 
Sec. 921. Eliminating sanctuary cities. 
Subtitle C—Criminal Aliens 
Sec. 931. State criminal alien assistance program (SCAAP). 
Sec. 932. Authorization of appropriations. 
Sec. 933. Assistance for States incarcerating undocumented aliens charged with 
certain crimes. 
Sec. 934. Preemption. 
TITLE X—PROHIBITING IN-STATE TUITION FOR UNLAWFULLY 
PRESENT ALIENS 
Sec. 1001. Ensuring enforceability. 
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TITLE I—ALIEN SMUGGLING 
AND RELATED OFFENSES 
SEC. 101. ALIEN SMUGGLING AND RELATED OFFENSES. 
Section 274 of the Immigration and Nationality Act 
(8 U.S.C. 1324) is amended to read as follows: 
‘‘ALIEN SMUGGLING AND RELATED OFFENSES 
‘‘SEC. 274. (a) CRIMINAL OFFENSES
AND PEN-
ALTIES.— 
‘‘(1) PROHIBITED ACTIVITIES.—Whoever— 
‘‘(A) assists, encourages, directs, or in-
duces a person to come to or enter the United 
States, or to attempt to come to or enter the 
United States, knowing or in reckless disregard 
of the fact that such person is an alien who 
lacks lawful authority to come to or enter the 
United States; 
‘‘(B) assists, encourages, directs, or in-
duces a person to come to or enter the United 
States at a place other than a designated port 
of entry or place other than as designated by 
the Secretary of Homeland Security, regardless 
of whether such person has official permission 
or lawful authority to be in the United States, 
knowing or in reckless disregard of the fact 
that such person is an alien; 
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‘‘(C) assists, encourages, directs, or in-
duces a person to reside in or remain in the 
United States, or to attempt to reside in or re-
main in the United States, knowing or in reck-
less disregard of the fact that such person is an 
alien who lacks lawful authority to reside in or 
remain in the United States; 
‘‘(D) transports or moves a person in the 
United States, knowing or in reckless disregard 
of the fact that such person is an alien who 
lacks lawful authority to enter or be in the 
United States, where the transportation or 
movement will aid or further in any manner the 
person’s illegal entry into or illegal presence in 
the United States; 
‘‘(E) harbors, conceals, or shields from de-
tection a person in the United States knowing 
or in reckless disregard of the fact that such 
person is an alien who lacks lawful authority to 
be in the United States; 
‘‘(F) transports, moves, harbors, conceals, 
or shields from detection a person outside of 
the United States knowing or in reckless dis-
regard of the fact that such person is an alien 
in unlawful transit from one country to another 
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‘‘(ii) transporting a person at an ex-
cessive speed or in excess of the rated ca-
pacity of the means of transportation; or 
‘‘(iii) transporting or harboring a per-
son in a crowded, dangerous, or inhumane 
manner, 
be imprisoned not less than 5 nor more than 20 
years, or fined under title 18, United States 
Code, or both; 
‘‘(F) in the case where the offense caused 
serious bodily injury (as defined in section 1365 
of title 18, United States Code, including any 
conduct that would violate sections 2241 or 
2242 of title 18, United States Code, if the con-
duct occurred in the special maritime and terri-
torial jurisdiction of the United States) to any 
person, be imprisoned for not less than 7 nor 
more than 30 years, or fined under title 18, 
United States Code, or both; 
‘‘(G) in the case where the offense involved 
an alien who the offender knew or had reason 
to believe was an alien— 
‘‘(i) engaged in terrorist activity (as 
defined in section 212(a)(3)(B)); or 
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‘‘(ii) intending to engage in such ter-
rorist activity, 
be imprisoned for not less than 10 nor more 
than 30 years, or fined under title 18, United 
States Code, or both; and 
‘‘(H) in the case where the offense caused 
or resulted in the death of any person, be pun-
ished by death or imprisoned for not less than 
10 years, or any term of years, or for life, or 
fined under title 18, United States Code, or 
both. 
‘‘(3) 
EXTRATERRITORIAL
JURISDICTION.— 
There is extraterritorial Federal jurisdiction over the 
offenses described in this subsection. 
‘‘(b) SEIZURE AND FORFEITURE.— 
‘‘(1) IN GENERAL.—Any property, real or per-
sonal, that has been used to commit or facilitate the 
commission of a violation of this section, the gross 
proceeds of such violation, and any property trace-
able to such property or proceeds, shall be subject 
to forfeiture. 
‘‘(2) APPLICABLE PROCEDURES.—Seizures and 
forfeitures under this subsection shall be governed 
by the provisions of chapter 46 of title 18, United 
States Code, relating to civil forfeitures, including 
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section 981(d) of such title, except that such duties 
as are imposed upon the Secretary of the Treasury 
under the customs laws described in that section 
shall be performed by such officers, agents, and 
other persons as may be designated for that purpose 
by the Secretary of Homeland Security. 
‘‘(c) AUTHORITY TO ARREST.—No officer or person 
shall have authority to make any arrests for a violation 
of any provision of this section except officers and employ-
ees designated by the Secretary of Homeland Security, ei-
ther individually or as a member of a class, and all other 
officers whose duty it is to enforce criminal laws. 
‘‘(d) ADMISSIBILITY OF EVIDENCE.— 
‘‘(1) PRIMA FACIE EVIDENCE IN DETERMINA-
TIONS OF VIOLATIONS.—Notwithstanding any provi-
sion of the Federal Rules of Evidence, in deter-
mining whether a violation of subsection (a) has oc-
curred, any of the following shall be prima facie evi-
dence that an alien involved in the violation lacks 
lawful authority to come to, enter, reside, remain, or 
be in the United States or that such alien had come 
to, entered, resided, remained or been present in the 
United States in violation of law: 
‘‘(A) Any order, finding, or determination 
concerning the alien’s status or lack thereof 
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made by a federal judge or administrative adju-
dicator (including an immigration judge or an 
immigration officer) during any judicial or ad-
ministrative proceeding authorized under the 
immigration laws or regulations prescribed 
thereunder. 
‘‘(B) An official record of the Department 
of Homeland Security, Department of Justice, 
or the Department of State concerning the 
alien’s status or lack thereof. 
‘‘(C) Testimony by an immigration officer 
having personal knowledge of the facts con-
cerning the alien’s status or lack thereof. 
‘‘(2) 
VIDEOTAPED
TESTIMONY.—Notwith-
standing any provision of the Federal Rules of Evi-
dence, the videotaped (or otherwise audiovisually 
preserved) deposition of a witness to a violation of 
subsection (a) who has been deported or otherwise 
expelled from the United States, or is otherwise un-
available to testify, may be admitted into evidence in 
an action brought for that violation if the witness 
was available for cross examination at the deposition 
and the deposition otherwise complies with the Fed-
eral Rules of Evidence. 
‘‘(e) DEFINITIONS.—For purposes of this section: 
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‘‘(1) The term ‘lawful authority’ means permis-
sion, authorization, or license that is expressly pro-
vided for in the immigration laws of the United 
States or the regulations prescribed thereunder. 
Such term does not include any such authority se-
cured by fraud or otherwise obtained in violation of 
law, nor does it include authority that has been 
sought but not approved. No alien shall be deemed 
to have lawful authority to come to, enter, reside, re-
main, or be in the United States if such coming to, 
entry, residence, remaining, or presence was, is, or 
would be in violation of law. 
‘‘(2) The term ‘unlawful transit’ means travel, 
movement, or temporary presence that violates the 
laws of any country in which the alien is present, or 
any country from which or to which the alien is trav-
eling or moving.’’. 
TITLE II—IDENTITY SECURITY 
Subtitle A—Photo Identification 
SEC. 201. FORMS OF ACCEPTABLE IDENTIFICATION FOR 
FEDERAL GOVERNMENT PURPOSES. 
(a) FORMS
OF ACCEPTABLE IDENTIFICATION.—A 
Federal agency may not accept, for any official purpose, 
including for Federal benefits and for individual taxpayer 
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identification numbers, any form of identification of an in-
dividual other than the following: 
(1) SOCIAL SECURITY CARD WITH PHOTO IDEN-
TIFICATION
CARD
OR
REAL
ID
ACT
IDENTIFICA-
TION.— 
(A) A Social Security card accompanied by 
a photo identification card issued by the Fed-
eral Government or a State Government; or 
(B) a driver’s license or identification card 
issued by a State in the case of a State that is 
in compliance with title II of the REAL ID Act 
of 2005 (title II of division B of Public Law 
109–13; 49 U.S.C. 30301 note). 
(2) PASSPORT.—A passport issued by the 
United States or a foreign government. 
(3) USCIS PHOTO IDENTIFICATION CARD.—A 
photo identification card issued by the Secretary of 
Homeland Security (acting through the Director of 
the United States Citizenship and Immigration Serv-
ices). 
(b) EFFECTIVE DATE.—The requirements of sub-
section (a) shall take effect six months after the date of 
the enactment of this Act. 
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SEC. 202. FORMS OF ACCEPTABLE IDENTIFICATION FOR FI-
NANCIAL INSTITUTIONS. 
(a) IN GENERAL.—Section 5318(l) of title 31, United 
States Code (relating to identification and verification of 
accountholders) is amended by striking paragraph (6) and 
inserting the following new paragraph: 
‘‘(6) FORMS
OF
ACCEPTABLE
IDENTIFICA-
TION.—A financial institution may not accept, for 
the purpose of verifying the identity of an individual 
seeking to open an account in accordance with this 
subsection, any form of identification of the indi-
vidual other than the following: 
‘‘(A) SOCIAL SECURITY CARD WITH PHOTO 
IDENTIFICATION CARD OR REAL ID ACT IDENTI-
FICATION.— 
‘‘(i) A Social Security card accom-
panied by a photo identification card 
issued by the Federal Government or a 
State Government; or 
‘‘(ii) a driver’s license or identification 
card issued by a State in the case of a 
State that is in compliance with title II of 
the REAL ID Act of 2005 (title II of divi-
sion B of Public Law 109–13; 49 U.S.C. 
30301 note). 
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‘‘(B) PASSPORT.—A passport issued by the 
United States or a foreign government. 
‘‘(C) 
USCIS 
PHOTO
IDENTIFICATION 
CARD.—A photo identification card issued by 
the Secretary of Homeland Security (acting 
through the Director of the U.S. Citizenship 
and Immigration Services).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect six months after the date 
of the enactment of this Act. 
Subtitle B—Prohibition on Driver’s 
Licenses for Unlawfully Present 
Aliens 
SEC. 211. PROHIBITION ON ISSUING DRIVER’S LICENSES TO 
ILLEGAL ALIENS. 
Section 202 of the REAL ID Act of 2005 (49 U.S.C. 
30301 note) is amended— 
(1) in subsection (d), by striking paragraph 
(11) and redesignating paragraphs (12) and (13) as 
paragraphs (11) and (12), respectively; and 
(2) by adding at the end the following: 
‘‘(e) PROHIBITION.—A State is prohibited from 
issuing any driver’s license or identification card to any 
individual unless the State satisfies the requirements of 
subsection (c)(2)(B).’’. 
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Subtitle C—Stopping Social 
Security Number Abuse 
SEC. 221. EFFECT OF FINAL REGULATION ON ‘‘NO-MATCH’’ 
LETTERS. 
The Congress approves the final rule promulgated by 
the Department of Homeland Security entitled ‘‘Safe-Har-
bor Procedures for Employers Who Receive a No-Match 
Letter’’ (August 15, 2007; 72 Fed. Reg. 45611), and such 
rule shall have the force and effect of enacted law until 
changed by such law. 
Subtitle D—Birth/Death Registry 
SEC. 231. ESTABLISHMENT OF ELECTRONIC BIRTH AND 
DEATH REGISTRATION SYSTEMS. 
(a) In consultation with the Secretary of Health and 
Human Services and the Commissioner of Social Security, 
the Secretary shall take the following actions: 
(1) Work with the States to establish a common 
data set and common data exchange protocol for 
electronic birth registration systems and death reg-
istration systems. 
(2) Coordinate requirements for such systems 
to align with a national model. 
(3) Ensure that fraud prevention is built into 
the design of electronic vital registration systems in 
the collection of vital event data, the issuance of 
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birth certificates, and the exchange of data among 
government agencies. 
(4) Ensure that electronic systems for issuing 
birth certificates, in the form of printed abstracts of 
birth records or digitized images, employ a common 
format of the certified copy, so that those requiring 
such documents can quickly confirm their validity. 
(5) Establish uniform field requirements for 
State birth registries. 
(6) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of Defense that will result in the shar-
ing of data, with the States and the Social Security 
Administration, regarding deaths of United States 
military personnel and the birth and death of their 
dependents. 
(7) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of State to improve registration, notifi-
cation, and the sharing of data with the States and 
the Social Security Administration, regarding births 
and deaths of United States citizens abroad. 
(8) Not later than 3 years after the date of es-
tablishment of databases provided for under this sec-
tion, require States to record and retain electronic 
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records of pertinent identification information col-
lected from requestors who are not the registrants. 
(9) Not later than 6 months after the date of 
the enactment of this Act, submit to Congress a re-
port on whether there is a need for Federal laws to 
address penalties for fraud and misuse of vital 
records and whether violations are sufficiently en-
forced. 
Subtitle E—Reform of Passport 
Fraud Offenses 
SEC. 241. TRAFFICKING IN PASSPORTS. 
Section 1541 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 1541. Trafficking in passports 
‘‘(a) MULTIPLE PASSPORTS.—Any person who, dur-
ing any period of 3 years or less, knowingly— 
‘‘(1) and without lawful authority produces, 
issues, or transfers 10 or more passports; 
‘‘(2) forges, counterfeits, alters, or falsely 
makes 10 or more passports; 
‘‘(3) secures, possesses, uses, receives, buys, 
sells, or distributes 10 or more passports, knowing 
the passports to be forged, counterfeited, altered, 
falsely made, stolen, procured by fraud, or produced 
or issued without lawful authority; or 
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‘‘(4) completes, mails, prepares, presents, signs, 
or submits 10 or more applications for a United 
States passport, knowing the applications to contain 
any false statement or representation, 
shall be fined under this title, imprisoned not more than 
20 years, or both. 
‘‘(b) PASSPORT MATERIALS.—Any person who know-
ingly and without lawful authority produces, buys, sells, 
possesses, or uses any official material (or counterfeit of 
any official material) used to make a passport, including 
any distinctive paper, seal, hologram, image, text, symbol, 
stamp, engraving, or plate, shall be fined under this title, 
imprisoned not more than 20 years, or both.’’. 
SEC. 242. FALSE STATEMENT IN AN APPLICATION FOR A 
PASSPORT. 
Section 1542 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 1542. False statement in an application for a pass-
port 
‘‘(a) IN GENERAL.—Whoever knowingly makes any 
false statement or representation in an application for a 
United States passport, or mails, prepares, presents, or 
signs an application for a United States passport knowing 
the application to contain any false statement or represen-
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tation, shall be fined under this title, imprisoned not more 
than 15 years, or both. 
‘‘(b) VENUE.— 
‘‘(1) IN
GENERAL.—An offense under sub-
section (a) may be prosecuted in any district— 
‘‘(A) in which the false statement or rep-
resentation was made or the application for a 
United States passport was prepared or signed; 
or 
‘‘(B) in which or to which the application 
was mailed or presented. 
‘‘(2) ACTS OCCURRING OUTSIDE THE UNITED 
STATES.—An offense under subsection (a) involving 
an application for a United States passport prepared 
and adjudicated outside the United States may be 
prosecuted in the district in which the resultant 
passport was or would have been produced. 
‘‘(c) SAVINGS CLAUSE.—Nothing in this section may 
be construed to limit the venue otherwise available under 
sections 3237 and 3238 of this title.’’. 
SEC. 243. FORGERY AND UNLAWFUL PRODUCTION OF A 
PASSPORT. 
Section 1543 of title 18, United States Code, is 
amended to read as follows: 
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‘‘§ 1543. Forgery and unlawful production of a pass-
port 
‘‘(a) FORGERY.—Any person who knowingly— 
‘‘(1) forges, counterfeits, alters, or falsely 
makes any passport; or 
‘‘(2) transfers any passport knowing it to be 
forged, counterfeited, altered, falsely made, stolen, 
or to have been produced or issued without lawful 
authority, 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘(b) UNLAWFUL PRODUCTION.—Any person who 
knowingly and without lawful authority— 
‘‘(1) produces, issues, authorizes, or verifies a 
passport in violation of the laws, regulations, or 
rules governing the issuance of the passport; 
‘‘(2) produces, issues, authorizes, or verifies a 
United States passport for or to any person knowing 
or in reckless disregard of the fact that such person 
is not entitled to receive a passport; or 
‘‘(3) transfers or furnishes a passport to any 
person for use by any person other than the person 
for whom the passport was issued or designed, 
shall be fined under this title, imprisoned not more than 
15 years, or both.’’. 
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SEC. 244. MISUSE OF A PASSPORT. 
Section 1544 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 1544. Misuse of a passport 
‘‘Any person who knowingly— 
‘‘(1) uses any passport issued or designed for 
the use of another; 
‘‘(2) uses any passport in violation of the condi-
tions or restrictions therein contained, or in violation 
of the laws, regulations, or rules governing the 
issuance and use of the passport; 
‘‘(3) secures, possesses, uses, receives, buys, 
sells, or distributes any passport knowing it to be 
forged, counterfeited, altered, falsely made, procured 
by fraud, or produced or issued without lawful au-
thority; or 
‘‘(4) violates the terms and conditions of any 
safe conduct duly obtained and issued under the au-
thority of the United States, 
shall be fined under this title, imprisoned not more than 
15 years, or both.’’. 
SEC. 245. SCHEMES TO DEFRAUD ALIENS. 
Section 1545 of title 18, United States Code, is 
amended to read as follows: 
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‘‘§ 1545. Schemes to defraud aliens 
‘‘(a) IN GENERAL.—Any person who knowingly exe-
cutes a scheme or artifice, in connection with any matter 
that is authorized by or arises under Federal immigration 
laws or any matter the offender claims or represents is 
authorized by or arises under Federal immigration laws, 
to— 
‘‘(1) defraud any person; or 
‘‘(2) obtain or receive money or anything else of 
value from any person by means of false or fraudu-
lent pretenses, representations, promises, 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘(b) MISREPRESENTATION.—Any person who know-
ingly and falsely represents that such person is an attor-
ney or an accredited representative (as that term is de-
fined in section 1292.1 of title 8, Code of Federal Regula-
tions (or any successor regulation to such section)) in any 
matter arising under Federal immigration laws shall be 
fined under this title, imprisoned not more than 15 years, 
or both.’’. 
SEC. 246. IMMIGRATION AND VISA FRAUD. 
Section 1546 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 1546. Immigration and visa fraud 
‘‘(a) IN GENERAL.—Any person who knowingly— 
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‘‘(1) uses any immigration document issued or 
designed for the use of another; 
‘‘(2) forges, counterfeits, alters, or falsely 
makes any immigration document; 
‘‘(3) completes, mails, prepares, presents, signs, 
or submits any immigration document knowing it to 
contain any materially false statement or representa-
tion; 
‘‘(4) secures, possesses, uses, transfers, re-
ceives, buys, sells, or distributes any immigration 
document knowing it to be forged, counterfeited, al-
tered, falsely made, stolen, procured by fraud, or 
produced or issued without lawful authority; 
‘‘(5) adopts or uses a false or fictitious name to 
evade or to attempt to evade the immigration laws; 
or 
‘‘(6) transfers or furnishes, without lawful au-
thority, an immigration document to another person 
for use by a person other than the person for whom 
the passport was issued or designed, 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘(b) TRAFFICKING.—Any person who, during any pe-
riod of 3 years or less, knowingly— 
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‘‘(1) and without lawful authority produces, 
issues, or transfers 10 or more immigration docu-
ments; 
‘‘(2) forges, counterfeits, alters, or falsely 
makes 10 or more immigration documents; 
‘‘(3) secures, possesses, uses, buys, sells, or dis-
tributes 10 or more immigration documents, know-
ing the immigration documents to be forged, coun-
terfeited, altered, stolen, falsely made, procured by 
fraud, or produced or issued without lawful author-
ity; or 
‘‘(4) completes, mails, prepares, presents, signs, 
or submits 10 or more immigration documents 
knowing the documents to contain any materially 
false statement or representation, 
shall be fined under this title, imprisoned not more than 
20 years, or both. 
‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any 
person who knowingly and without lawful authority pro-
duces, buys, sells, possesses, or uses any official material 
(or counterfeit of any official material) used to make im-
migration documents, including any distinctive paper, seal, 
hologram, image, text, symbol, stamp, engraving, or plate, 
shall be fined under this title, imprisoned not more than 
20 years, or both. 
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