8.132 Fraud—Forged, Counterfeited, Altered, or Falsely Made Immigration Document

8.132 FRAUD—FORGED, COUNTERFEITED, ALTERED OR
FALSELY MADE IMMIGRATION DOCUMENT
 (18 U.S.C. § 1546(a))

The defendant is charged in [Count _______ of] the indictment with fraud in the [use] [misuse] of an immigration document in violation of Section 1546(a) of Title 18 of the United States Code. For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

 First, the defendant [[forged] [counterfeited] [altered] [falsely made]] [[an immigrant] [a non-immigrant]] [[visa] [permit] [border crossing card] [alien registration receipt card] [other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States]]; and

Second, the defendant acted knowingly. 

Comment

See Comment to Instruction 8.133 (Fraud–Use or Possession of Immigration Document Procured by Fraud).

Use this instruction with respect to a crime charged under 18 U.S.C. § 1546(a), first paragraph, first clause. Use Instruction 8.133 (Fraud—Use or Possession of Immigration Document Procured by Fraud), for an instruction as to a crime charged under 18 U.S.C. § 1546(a), first paragraph, second clause. Use Instruction 8.134 (Fraud—False Statement on Immigration Document), for an instruction as to a crime charged under 18 U.S.C. § 1546(a), fourth paragraph.

Approved 6/2021