In the United States, citizenship is one of the most important legal statuses a person can hold. It carries with it fundamental rights, from voting in federal elections to the ability to live and work without immigration restrictions, and it also comes with legal responsibilities. Because of its significance, the federal government strictly regulates how citizenship is obtained and documented, including criminal prohibitions on the sale of citizenship papers.
What Does “Citizenship Papers” Mean?
“Citizenship papers” generally refers to the official government documentation that proves you’re a U.S. citizen. Citizenship papers include:
- Declarations of intention to become a citizen,
- Certificates of naturalization,
- Certificates of citizenship, and
- Copies or duplicates of these documents.
These documents are issued by federal authorities and represent legal proof that an individual has satisfied the requirements of U.S. citizenship.
Why Does Federal Law Criminalize the Sale of Citizenship Papers?
The integrity of the U.S. immigration and citizenship system depends on the authenticity and lawful issuance of citizenship documentation.
Allowing the sale of these papers would create opportunities for fraud, identity theft, and illegal immigration.
As a result, Congress made the unauthorized sale or disposal of citizenship documents a federal crime under Title 18 of the United States Code.
What is the Federal Statute 18 U.S.C. § 1427
18 USC. § 1427 is the federal statute that sets forth the laws on the sale of citizenship papers. Per this statute, it is illegal for anyone to unlawfully sell or dispose of citizenship or naturalization papers.
The statute makes clear that selling, transferring, or otherwise disposing of these official documents without lawful authority is a criminal offense.
The potential penalties for committing this crime vary depending on the circumstances of the offense. For example, depending on the facts of your case, you might expect the following penalties:
- Up to 10 years’ imprisonment for a first or second offense not connected to more serious crimes,
- 15 years for subsequent offenses,
- Up to 20 years if your conduct is tied to a drug trafficking crime, and
- Up to 25 years if the offense is connected to international terrorism.
These severe penalties reflect the high value placed on citizenship integrity and the government’s interest in deterring fraud and exploitation.
Common Scenarios Where Charges Might Arise
Although rare, charges for unlawful sale of citizenship papers can appear in several contexts. These include:
- Where someone attempts to profit by selling authentic documents to unauthorized individuals,
- When forged or illegally obtained citizenship documents are sold as genuine, and
- In criminal enterprises that use citizenship papers to shield individuals from law enforcement or immigration consequences.
No matter the context, prosecutors treat these offenses seriously – often pairing them with other charges like fraud, identity theft, or immigration violations.
Defense Considerations
If you or someone you know is under investigation or charged with an offense related to the sale of citizenship papers, it’s crucial to understand your legal rights and defense options.
Potential defenses may include:
- Lack of knowledge or intent – federal law typically requires proof that the defendant knowingly engaged in the unlawful sale,
- Government authorization or mistake of fact – in rare cases, a defendant may have believed they had lawful authority, and
- Challenging the admissibility of key evidence.
Federal charges require experienced representation because of the complexity of immigration documentation and the severe penalties involved.
An attorney familiar with federal citizenship and immigration crimes can help evaluate your charges, negotiate with prosecutors when appropriate, and develop the strongest possible defense.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a charge involving citizenship papers, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various federal charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
* Main image at top by freepik
