S. 524

A bill to strengthen the consequences of the fraudulent use of United States or foreign passports and other immigration documents.

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II

109th CONGRESS

1st Session

S. 524

IN THE SENATE OF THE UNITED STATES

March 3, 2005

Mrs. Feinstein (for herself and Mr. Sessions) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To strengthen the consequences of the fraudulent use of United States or foreign passports and other immigration documents.

1.

Fraudulent use of passports

(a)

Criminal code

(1)

Secretary of Homeland Security

Section 1546 of title 18, United States Code, is amended by striking the Commissioner of the Immigration and Naturalization Service each place it appears and inserting the Secretary of Homeland Security.

(2)

Definition of passport

Chapter 75 of title 18, United States Code, is amended by adding at the end the following:

1548.

Definition

In sections 1543 and 1544, the term passport means any passport issued by the United States or any foreign country.

.

(3)

Clerical amendment

The table of sections for chapter 75 of title 18, United States Code, is amended by adding at the end the following:

Sec. 1548. Definition.

.

(b)

Immigration and Nationality Act

Section 101(a)(43)(P) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(P)) is amended to read as follows:

(P)

except for a first offense for which an alien affirmatively shows was committed solely for the purpose of assisting, abetting, or aiding only the alien's spouse, child, or parent to violate a provision of this Act—

(i)

an offense described in section 1542, 1543, or 1544 of title 18, United States Code (relating to false statements in the application, forgery, or misuse of a passport);

(ii)

an offense described in section 1546(a) of title 18, United States Code, relating to document fraud used as evidence of authorized stay or employment in the United States for which the term of imprisonment is at least 12 months; or

(iii)

any other offense described in section 1546(a) of title 18, United States Code, relating to entry into the United States, regardless of the term of imprisonment imposed.

.

2.

Release and detention prior to disposition

Section 3142(f)(1) of title 18, United States Code, is amended—

(1)

in subparagraph (C), by striking or after the semicolon; and

(2)

by adding at the end the following:

(E)

an offense under section 1542, 1543, 1544, or 1546(a) of this title; or

.