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1949

Nationality and Citizenship Offenses

Chapter 69 of title 18, United States Code sets forth offenses relating to nationality and citzenship. These offenses include misuse of citizenship papers, 18 U.S.C. § 1423, impersonation or misuse of papers in a naturalization proceeding, 18 U.S.C. § 1424, unlawful procurement of citizenship, 18 U.S.C. § 1425, falsification of naturalization papers, 18 U.S.C. § 1426, and unlawful sale of citizenship papers, 18 U.S.C. § 1427.

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) added 18 U.S.C. §§ 1425, 1426, and 1427 as RICO predicate offenses, as well as authorizing wiretap authority for investigations of such offenses.

The IIRIRA also added a new 18 U.S.C. § 1015(e) which makes it a felony offense to make a false claim of citizenship to obtain federal or state benefits, and a new subsection 1015(f), which makes it a felony offense to make a false claim of citizenship in order to register to vote in any federal or state election. Moreover, the IIRIRA also added a new 18 U.S.C. § 611 which makes it an offense, punishable by imprisonment for up to one year in prison, for an alien to vote in a federal election.

[cited in USAM 9-73.800]