Federal Identity Fraud Charges for Would-Be Immigrants to the U.S.

 Posted on April 14, 2025 in Federal Crimes

Federal immigration fraud charges are increasingly being brought against people who use fake or altered immigration documents to enter the United States, secure employment, or receive public benefits. These charges are serious and often come with steep penalties — including prison time, deportation, or both. If a case involves other allegations, such as terrorism, drug trafficking, or identity theft, the consequences can escalate quickly.

Anyone facing this kind of federal charge should speak with a Chicago, IL criminal defense lawyer who understands both federal criminal defense and immigration law. Federal prosecutors pursue these cases aggressively, and the legal strategy must address both the immediate charges and the long-term immigration consequences.

What Is Immigration-Related Identity Fraud?

Identity fraud occurs when someone uses a false identity or someone else’s identity to deceive a government agency or employer. In the context of immigration, this can include:

• Using a fake passport or visa to enter the U.S.

• Presenting false immigration papers to gain work authorization

• Applying for benefits such as SNAP or Medicaid with a fake identity

• Using another person’s Social Security number or birth certificate to pass a background check

These actions may violate several federal statutes, including 18 U.S.C. § 1028 (identity fraud), 18 U.S.C. § 1546 (fraud and misuse of visas or permits), and 8 U.S.C. § 1324c (document fraud related to immigration).

What Are the Penalties for Federal Identity Fraud?

Federal identity fraud charges can lead to:

• Up to 15 years in federal prison if the fraud involves immigration documents

• Fines

• Permanent bars to lawful immigration status or naturalization

• Mandatory deportation for noncitizens after a conviction

The stakes become even higher if the identity fraud is connected to other crimes. For example:

Terrorism

If the false identity was used to support or conceal terrorism-related activity, additional charges under the PATRIOT Act may apply.

Drug Trafficking

If the fraud was used to assist in transporting drugs or avoiding detection at the border, mandatory minimum sentences may apply under federal drug laws.

Aggravated Identity Theft

Under 18 U.S.C. § 1028A, someone accused of using a real person’s identity during a felony may face an additional mandatory two-year prison sentence, served consecutively.

How Can a Federal Criminal and Immigration Attorney Help?

Federal identity fraud cases often involve interviews, document analysis, and evidence from multiple government agencies, including U.S. Citizenship and Immigration Services (USCIS), the Department of Homeland Security (DHS), and the Department of Justice (DOJ). A strong defense begins with a thorough understanding of both criminal procedure and immigration consequences, and you will need an excellent criminal defense attorney to help you.

Contact an Illinois Federal Criminal Defense Attorney

Facing federal identity fraud charges is frightening, especially when immigration status is also at stake. If you or a loved one has been charged with using false immigration documents or committing identity fraud in connection with a federal offense, contact our experienced, aggressive Chicago, IL federal criminal defense attorney at Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney. Call 312-629-0669 to schedule a free consultation and discuss your legal options.