Fraud and Materiality: Has the Supreme Court Redefined Immigration and Naturalization Fraud?

• NCJ Number: 122497
• Journal: Temple Law Review Volume: 62 Issue: 2 Dated: (Summer 1989) Pages: 481-539
• Author(s): M Wolf
• Date Published: 1989
• Length: 49 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article examines the elements of a material immigration or naturalization fraud and compares them with the statutory materiality standards for criminal perjury and false statements as well as securities fraud.

Abstract

The history of immigration and naturalization fraud prior to the passage of the Immigration and Naturalization Act (INA) in 1952 is also examined, along with judicial interpretations of materiality under the INA. Kungys v. United States, a 1988 Supreme Court case examining what constitutes material misrepresentations under the INA is discussed in detail. The article supports the use of a criminal standard of materiality and proposes a method of analysis that considers the materiality of a misrepresentation or concealment. Courts considering issues of materiality in immigration or naturalization fraud must determine the importance of specific questions and answers to an eligibility determination. The Supreme Court must develop a clear and unwavering position on the issue of materiality in the prosecution of denaturalization claims. 385 footnotes.