NOTE: These are sections from Federal Statute addressing the I-9 form and penalties for producing false documents and committing perjury. Title 18 1546 and Title 28 1746 follow below. Immediately following them is General Counsel Opinion 92-39 from 1991which sets out the penalties for falsifying an I-9 form. It offers a detailed explanation of the penalties. It is 18 years old but it is seems to go along with the sections of code.
Perjury on an I-9 Form – See yellow highlights
"TITLE 18 > PART I > CHAPTER 75 > § 1546
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§ 1546. Fraud and misuse of visas, permits, and other documents
(a) Whoever knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; or
Whoever, except under direction of the Attorney General or the Commissioner of the Immigration and Naturalization Service, or other proper officer, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the likeness of any immigrant or nonimmigrant visa, permit or other document required for entry into the United States, or has in his possession a distinctive paper which has been adopted by the Attorney General or the Commissioner of the Immigration and Naturalization Service for the printing of such visas, permits, or documents; or
Whoever, when applying for an immigrant or nonimmigrant visa, permit, or other document required for entry into the United States, or for admission to the United States personates another, or falsely appears in the name of a deceased individual, or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name without disclosing his true identity, or sells or otherwise disposes of, or offers to sell or otherwise dispose of, or utters, such visa, permit, or other document, to any person not authorized by law to receive such document; or
Whoever knowingly makes under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document which contains any such false statement or which fails to contain any reasonable basis in law or fact—
Shall be fined under this title or imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929 (a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense), or both.
(b) Whoever uses—
(1) an identification document, knowing (or having reason to know) that the document was not issued lawfully for the use of the possessor,
(2) an identification document knowing (or having reason to know) that the document is false, or
(3) a false attestation,for the purpose of satisfying a requirement of section 274A(b) of the Immigration and Nationality Act, shall be fined under this title, imprisoned not more than 5 years, or both. (Comment: This is the I-9 Form and signing under penalty of perjury and it can be found at 274(b)(2) “ Individual attestation of employment authorization.-The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph (1), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Attorney General to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a hand-written or an electronic signature . 2a/
)
(c) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481).[1] For purposes of this section, the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
[1] See References in Text note below.
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TITLE 28PART VCHAPTER 115 > § 1746
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§ 1746. Unsworn declarations under penalty of perjury
Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:
(1) If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)”.
(2) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”. (Comment: The following are from the I-9: I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form. I attest, under penalty of perjury, that I am (check one of the following): A citizen or national of the United States, A lawful permanent resident (Alien #), An alien authorized to work until, (Alien # or Admission #)
"Penalties for Misrepresentations on Form I-9
General Counsel Opinion 92-39
April 30, 1991
CO 212.13-C
CO 274A-C
LEGAL OPINION: Penalties for misrepresentations by an unauthorized alien on an Employment Eligibility Verification Form (Form I-9)
Paul Stultz, District Counsel, Omaha, NE
Office of the General Counsel.
QUESTIONS
I. Whether an alien who misrepresents his or her citizenship or immigration status or presents counterfeit documents in completing INS Employment Eligibility Verification, Form I-9, is subject to exclusion from the United States under section 212(a)(19) of the Immigration and Nationality Act (Act).
SUMMARY CONCLUSION
Misrepresentations made to an employer in completing a Form I-9 are not statements made to a United States government official authorized to grant visas or other benefits under the Act and therefore cannot form the basis for the exclusion of an alien under section 212(a)(19) of the Act. The same holds true for presentation of counterfeit documents.
These actions, however, do render an alien subject to criminal persecution. Also, the Immigration Act of 1990, Pub. L. No.101-649, 104 Stat. 4978, provides for assessment of civil administrative penalties against persons or entities who fraudulently complete forms I -9 or who present or accept fraudulent documents in conjunction with Forms I-9. Beginning June 1,1991, an alien subject to a final order assessing such a penalty is ineligible for adjustment of status and subject to exclusion.
ANALYSIS
A. An Alien's False Statement or Presentation of False Documents in Completing a Form I-9 Does Not Render the Alien Excludable under INA Section 212(a)(19)
Any alien "who, by fraud or willfully misrepresenting a material fact, seeks to procure, or has sought to procure or has procured a visa, other documentation, or entry into the United States or other benefit provided under this Act" is ineligible to receive a visa and shall be excluded from admission into the United States. INA 212(a)(19), 8 U.S.C. 1182 (a)(19) -To find an alien excludable under the provisions of section 212(a)(19) of the Act, an immigration judge must determine that: (1) there has been a misrepresentation made by the applicant; (2) the misrepresentation was willfully made, and (3) the fact misrepresented was material. In the Matter of M--, 6 I & N Dec. 149 (1954); Matter of L-L-, 9 I&N Dec. 324 (1961).
The terms "willful," "misrepresentation," and "material" are strictly defined for purposes of section 212(a)(19) of the Act. A misrepresentation is an assertion or manifestation not in accordance with the facts. Misrepresentations can be made in oral interviews, written applications, or by submitting evidence containing false information. For a misrepresentation to fall within the purview of section 212 (a)(19) of the Act, however the alien must have made the misrepresentation before an official of the United States Government; generally speaking, a consular officer or an INS officer. Matter of L-L-, 9 I & N Dec. 324 (1961). Furthermore, a false statement of misrepresentation must be made to obtain some benefit under the INA in order for the false statement to render an alien excludable. FAM Note 7.2 to 2 CFR 40- 7 (a)(19), TL:VISA-4 (November 19, 1987).
This inquiry concerns the use of the Employment Eligibility Verification Form (Form I-9), which is used in connection with the enforcement of section 274A of the Act. For two reasons, we render the alien subject to exclusion under section 212(a)(10) of the Act. First, an alien who falsifies a Form I-9 does not make the false statements before a United States government official authorized to grant visas or other immigration benefits.
Secondly, while the decision of the Service to grant an alien authority to accept employment is a benefit under the INA, an employee's decision to hire any particular individual involves a private employment contract. Thus, false statements on Form I-9 are not for the purpose of obtaining a benefit under the INA and, therefore, cannot form the basis for exclusion of an alien pursuant to section 212(a) (19) of the Act.
B. The Law Provides Sanctions, other than Exclusion under Section 212(a)(19) of the Act, for Aliens Who Make False Statements on Forms I-9
An alien's false statements in completing Form I-9 do not render him or her excludable from the United States under section 212(a)(19) of the Act. There are other sanctions, however, which the Service may seek to impose on aliens who falsify Forms I-9. A prospective employee attests to the accuracy of the information he or she provides on Form I-9 under penalty of perjury .The law provides that:
(b) Whoever uses--
(1) an identification document, knowing (or having reason to know) that the document was not issued lawfully for the use of the possessor,
(2) an identification document knowing (or having reason to know) that the document is false, or
(3) a false attestation, for the purpose of satisfying a requirement of section 274A(b) of the Immigration and Nationality Act,(Comment: This is the I-9 section) shall be fined in accordance with this title, or imprisoned not more than two years, or both.
18 U.S.C. 1546(b). Furthermore, an alien convicted under section 1546(Comment: § 1546. Fraud and misuse of visas, permits, and other documents) is subject to deportation from the United States. INA 241 (a)(3)(B)(ii), 8 U.S.C. 1251(a)(3)(B)(iii), as amended by Immigration Act of 1990 ("1990 Act"), Pub. L. No.101-649, 602(a), 104 Stat. 4978,5077,5081 (1990).
The 1990 Act provides additional sanctions. Section 544(a) of the 1990 Act amends the Immigration and Nationality Act, as amended, by adding new section 274C .1990 Act, 544(a), 104 Stat. at 5059. This new section 274C provides for civil administrative penalties against persons or entities engaging in immigration-related document fraud. INA 274C(d)(3), 8 U.S.C. 1324c(d)(3). The penalties are in effect for violations committed on or after November 29,1990. 1990 Act, Pub. L. No.101-649, 544(c), 104 Stat. at 5061.
New section 274C makes it unlawful for a person or entity knowingly to:
--forge, counterfeit, alter or falsely make any document;
--use, attempt to use, possess, obtain, accept or receive any forged, counterfeit, altered or falsely made document;
--use or attempt to use any document lawfully issued to a person other than the possessor (including a deceased individual);
for the purpose of or in order to satisfy any requirement of the INA. INA 274C(a)(1) through (3),8 U.S.C. 1324c(a)(1) through (3). It is also unlawful knowingly to accept or receive any document lawfully issued to a person other than the possessor (including a deceased individual) for the purpose of complying with section 274A(b) of the Act. Id. 274C(a)(4), 8 U.S.C. 1324c(a)(4). As noted above, employment, as contracted with employment authorization, is not a benefit under the INA. Attesting to one's citizenship or immigration status and presenting evidence of identity and employment authorization, however, are requirements of the INA. Id. 274A(b)(2), 8 U.S.C. 1324a(b)(2). Thus, civil penalties under section 274C may be assessed against those employees who falsely complete Forms I-9 fraudulent documents in connection with the Forms I-9. Id. 274C(a) and (d)(3), 6 U.S.C. 1324c(a) and (d)(3). The penalties includea monetary fine, as well as a "cease and desist" order. Id. The civil penalties are in addition to any criminal penalties imposed in Title 18, United States Code. Id. 274C(c), 8 U.S.C. 1324c(c).
The 1990 Act imposes an additional sanction on alien violators of section 274C. Effective June 1, 1991, an alien subject to a final order under section 274C would also be ineligible for admission to the United States, and for adjustment of status. See id., 601(a) (amending INA 212(a)(6)(F) and (e) (establishing effective date), 104 Stat. at 5067,5074 and 5077.
Congress had intended that aliens subject to final orders under section 274C of the Act be amenable to deportation. This intent is evident from the fact that section 544 of the 1990 Act also amended INA 241 I (a), 8 U.S.C. 1251(a), to provide for the arrest and deportation of an alien subject to a final order assessing a penalty for violation of section 274C. 1990 Act, Pub. L. No.101-649, sec. 544(b), 104 Stat. at 5061. Section 602(a) of the 1990 Act, however, enacted a comprehensive revision of section 241(a). 1990 Act sec. 602(a), 104 Stat. at 5077. Section 602(a) of the 1990 Act, however, enacted a comprehensive revision of section 241(a). 1990 Act sec. 602(a), 104 Stat. at 5077. This revision of the deportation grounds became effective for deportation proceedings in which the orders to show cause are issued on or after March 1, 1991. Id. 602(d), 104 Stat. at 5082. The amended deportation statute does not carry over the deportation provision created by section 544(b). Id. 602(a), 104 Stat. at 5077. Thus, a technical correction bill may need to be enacted to ensure that the intent of Congress that aliens subject to final orders under 274C are amendable to deportation is given full legal effect.
An alien who knowingly competes Form I -9 falsely, or who offers fraudulent documents as proof of identify, employment authorization, or both, is subject to criminal and civil penalties. An alien who is convicted under 18 U.S.C. 1546 is also amenable to deportation.Beginning June 1,1991, an alien subject to a final order imposing civil penalties under section 274C of the Act is ineligible for adjustment and subject to exclusion. Thus, although an alien does not become excludable under INA section 212(a)(19) by falsifying a Form I-9, the law does provide suitable sanctions which the Service may seek to impose for this conduct.
/s/
Paul w. Virtue
Acting General Counsel"
the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and September 25, 2001]
[CITE: 8USC1324a]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part VIII--General Penalty Provisions
Sec. 1324a. Unlawful employment of aliens
(a) Making employment of unauthorized aliens unlawful
(1) In general
It is unlawful for a person or other entity--
(A) to hire, or to recruit or refer for a fee, for
employment in the United States an alien knowing the alien is an
unauthorized alien (as defined in subsection (h)(3) of this
section) with respect to such employment, or
(B)(i) to hire for employment in the United States an
individual without complying with the requirements of subsection
(b) of this section or (ii) if the person or entity is an
agricultural association, agricultural employer, or farm labor
contractor (as defined in section 1802 of title 29), to hire, or
to recruit or refer for a fee, for employment in the United
States an individual without complying with the requirements of
subsection (b) of this section.
(2) Continuing employment
It is unlawful for a person or other entity, after hiring an
alien for employment in accordance with paragraph (1), to continue
to employ the alien in the United States knowing the alien is (or
has become) an unauthorized alien with respect to such employment.
(3) Defense
A person or entity that establishes that it has complied in good
faith with the requirements of subsection (b) of this section with
respect to the hiring, recruiting, or referral for employment of an
alien in the United States has established an affirmative defense
that the person or entity has not violated paragraph (1)(A) with
respect to such hiring, recruiting, or referral.
(4) Use of labor through contract
For purposes of this section, a person or other entity who uses
a contract, subcontract, or exchange, entered into, renegotiated, or
extended after November 6, 1986, to obtain the labor of an alien in
the United States knowing that the alien is an unauthorized alien
(as defined in subsection (h)(3) of this section) with respect to
performing such labor, shall be considered to have hired the alien
for employment in the United States in violation of paragraph
(1)(A).
(5) Use of State employment agency documentation
For purposes of paragraphs (1)(B) and (3), a person or entity
shall be deemed to have complied with the requirements of subsection
(b) of this section with respect to the hiring of an individual who
was referred for such employment by a State employment agency (as
defined by the Attorney General), if the person or entity has and
retains (for the period and in the manner described in subsection
(b)(3) of this section) appropriate documentation of such referral
by that agency, which documentation certifies that the agency has
complied with the procedures specified in subsection (b) of this
section with respect to the individual's referral.