Passport fraud is a federal crime and not one taken lightly by the U.S. government. The U.S. Department of State’s law enforcement arm, the Diplomatic Security (DS) Service, uses special agents who coordinate with other federal and international law enforcement agencies in more than 160 countries around the world to investigate passport and visa fraud.
This article will first provide some background on the crime of passport fraud, and address the penalties under U.S. law.
A U.S. passport is regarded as among the most valuable travel and identity documents in the world. It allows citizens unrestricted passage in and out of the U.S. as well as into other countries around the globe, which makes procuring a U.S. passport extremely desirable to terrorists and other criminals.
According to the DS, obtaining a U.S. passport fraudulently is almost always a crime committed to facilitate another crime, such as illegal immigration, contraband smuggling, economic crimes, and terrorism.
According to the Department of State, the most typical passport fraud crimes are committed by:
U.S. passports are among the most secure travel documents that exist. The photos are digitized and each passport contains a chip that is machine-readable where all the biographical data is duplicated, including the photograph.
Additionally, the U.S. passport contains over 30 different security features. When immigration officers screen U.S. passport holders to enter the U.S. and many other countries, the passport is electronically scanned to check that the photo in the passport matches the photo on the chip. With all these features, it has become extremely difficult to use a physically altered U.S. passport.
As a result, one of the most common types of passport fraud involves people using the passports of other people who look similar to them. These passports might be stolen, or borrowed from a family member.
Another type of passport fraud occurs during the application process. Typically, an individual will first try to obtain a driver’s license using false or impostor documents and then try to obtain a passport. The Department of State checks many different databases for each passport application to detect impostors.
Some people use fraud or forgery to try and circumvent the requirement for both parents to sign the applications for children under 16.
If the fraud involves trafficking in narcotics, the penalty increases to up to 20 years in prison. If international terrorism is involved, the penalty is up to 25 years. Even if the incident does not result in a criminal conviction, the perpetrator faces a permanent U.S. immigration ineligibility for making a false claim to U.S. citizenship.
Lost and stolen passports are being fraudulently used by terrorists and other criminals at any given time and the problem is considered the one of the single largest threats to U.S. national security. Therefore, if you’ve committed passport fraud for any reason, you can expect that the government will assume you are engaging, or intend to engage, in serious criminal activity, and that you are a threat to the United States. It's likely that you will be charged with a federal crime and prosecuted. Get an attorney's help right away.