Fraudulent Documents—Alien Transporting

A New Jersey woman has pleaded guilty to transporting illegal immigrants to Tennessee and helping them get driver’s licenses by providing them with fake identities.^[1] Zeneida Concepcion Rivera was accused of providing more than 60 illegal immigrants with documents for East Tennessee addresses, and in some instances, auto insurance policies and fake birth certificates.^[2] After providing the documents, the immigrants were taken to testing centers in Knoxville and Maryville to receive their licenses.^[3] Ms. Rivera was charged with transporting illegal aliens, and conspiracy to commit fraud with identification documents.^[4]

Transporting Illegal Aliens
Under 8 U.S.C. § 1324(a)(1)(A)(ii) it is a crime for a person to knowingly transport or move an alien that has entered the United States illegally.

The punishment for a violation of section 1324(a)(1)(A)(ii) is a fine, imprisonment for up to 5 years or both,^[5] unless the violation is done for commercial advantage or private financial gain, in which case the penalty is a fine, imprisonment for up to 10 years, or both.^[6] Ms. Rivera’s attorney maintains that she made no profit in the matter, charging the immigrants only the costs to obtain the documents.^[7]

Conspiracy to Commit Fraud with Identification Documents
Under 18 U.S.C. § 1028(f), a person who conspires to commit an offense under section 1028 will be subject to the same penalties as if she had actually committed the offense. The offense in question in this case is 18 U.S.C. § 1028(a)(1), which makes it a crime for a person to knowingly and without lawful authority, produce an identification document, or a false identification document. In order for the United States to have jurisdiction over this type of behavior, the production, transfer, possession, or use of the document must be in or affect interstate or foreign commerce.^[8]

The punishment for a violation of section 1028(a)(1) is a fine, imprisonment for up to 15 years, or both.^[9]

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[1] N.J. Woman Pleads Guilty in License Scam Case, Associated Press, Oct. 12, 2005, available here [hereinafter AP].
[2] Id.
[3] Id.
[4] Id.
[5] 8 U.S.C. § 1324(a)(1)(B)(ii).
[6] Id. § 1324(a)(1)(B)(i).
[7] AP, supra note 1.
[8] 18 U.S.C. § 1028(c)(3)(A).
[9] Id. § 1028(b)(1)(A)(ii).