Submitting Fake Documents — What the Law Says

The short version

Using a fake document to get a job or an immigration benefit breaks a federal law.

Using someone else's real document for the same purpose also breaks that law.

The law carries civil penalties.

Other federal and state laws may also apply to fake documents.

Why employers check documents at all

The Immigration Reform and Control Act (IRCA) was enacted on November 6, 1986.

IRCA requires employers to verify the identity and employment eligibility of their employees.

IRCA also sets out criminal and civil sanctions for employment-related violations.

Section 274A(b) of the Immigration and Nationality Act (INA), in 8 U.S.C. § 1324a(b), requires that verification for everyone hired in the United States after November 6, 1986.

Form I-9 is the form used for that verification, under 8 C.F.R. § 274a.2.

The document-fraud law

INA § 274C, in 8 U.S.C. § 1324c, is the document-fraud law.

It lets Homeland Security Investigations (HSI) impose a civil monetary penalty for the possession, use, or attempted use of a fraudulent document to gain a benefit or fulfill a requirement under the INA.

Under § 274C it is unlawful for any person or entity knowingly to do any of these six things:

1. Forge, counterfeit, alter, or falsely make any document for the purpose of satisfying a requirement of the INA or obtaining a benefit under it.
2. Use, attempt to use, possess, obtain, accept, receive, or provide any forged, counterfeit, altered, or falsely made document in order to satisfy a requirement of the INA or obtain a benefit under it.
3. Use, attempt to use, provide, or attempt to provide a document lawfully issued to a different person (including a deceased person) for the purpose of satisfying a requirement of the INA or obtaining a benefit under it.
4. Accept, receive, or provide a document lawfully issued to a different person for the purpose of complying with the I-9 verification requirement (§ 274A(b)) or obtaining a benefit under the INA.
5. Prepare, file, or help another person prepare or file an application or document under the INA, knowing — or in reckless disregard of the fact — that it was falsely made, or that it does not relate to the person it was submitted for.
6. Present a document about eligibility to enter the United States before boarding a common carrier to come to the U.S., and then fail to present that document to an immigration officer on arrival.

Making a fake is covered.

Using someone else's real document is covered.

Helping someone else file a false document is covered.

The law is not only about forging.

The consequences

Consequences under § 274C include a cease-and-desist order and a civil monetary penalty.

Fine amounts are set by statute and are adjusted every year for inflation, so this page prints no amounts.

For an unauthorized worker who receives a Final Order under § 274C, the consequences can include removal from the United States and a permanent bar on reentry.

A person who receives a Final Order under § 274C may also be inadmissible to or removable from the United States.

How a case proceeds

ICE issues and serves a Notice of Intent to Fine (NIF) stating the charges.

The person who receives it can request a hearing before an Administrative Law Judge at the Office of the Chief Administrative Hearing Officer (OCAHO).

The request must be made within the deadline the law and the notice set.

If no timely written request is received, ICE issues a Final Order.

There is no appeal from a Final Order.

What happens at the job when documents look wrong

After inspecting Forms I-9, HSI can issue a Notice of Suspect Documents.

That notice advises the employer that documents presented by an employee do not relate to that employee or are not valid for employment.

It also warns of the possible criminal and civil penalties for continuing to employ unauthorized workers.

The employer and the employee are given an opportunity to provide documentation showing valid U.S. work authorization if they believe the finding is in error.

A Notice of Discrepancies is issued when HSI cannot determine eligibility.

In that case, the employee likewise gets a chance to present more documentation.