18 U.S.C. § 911 – False Claim of United States Citizenship

United States citizenship confers significant rights and privileges, including the right to vote, eligibility for federal employment, and protection from deportation.

Because of this, falsely claiming U.S. citizenship is a serious federal crime.

Under 18 U.S.C. § 911, any person who knowingly and willfully represents themselves as a United States citizen when they are not may face federal criminal prosecution, prison time, fines, and devastating immigration consequences.

This offense is aggressively prosecuted and often arises during encounters with immigration officials, law enforcement, employers, or government agencies.

Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.

What Does 18 U.S.C. § 911 Prohibit?

18 U.S.C. § 911 states:

“Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both.”

In short, intentionally lying about U.S. citizenship is a federal crime, regardless of whether the lie succeeds or causes actual harm.

Who Is Considered a U.S. Citizen?

For purposes of § 911, a U.S. citizen is someone who is:

Born in the United States or U.S. territories
Born abroad to U.S. citizen parent(s)
Naturalized through lawful immigration procedures

Anyone outside these categories who claims U.S. citizenship risks prosecution.

What Must Federal Prosecutors Prove?

To convict a defendant under 18 U.S.C. § 911, the government must prove beyond a reasonable doubt:

A false claim of U.S. citizenship was made
The claim was made knowingly and willfully
The statement was intended to deceive
The claim was made to someone with a legitimate reason to inquire, such as a government official

This final requirement was established by federal case law, including United States v. Romero-Avila (9th Cir. 2000).

Important Legal Clarifications

Courts interpreting § 911 have made several critical distinctions:

The claim does not need to succeed – attempting to deceive is enough
Saying you are merely a “citizen” may be insufficient unless clearly referring to U.S. citizenship
Falsely stating you were born in the U.S. does not automatically violate § 911 unless citizenship is explicitly claimed
Oral statements, written statements, and false documents can all qualify

Common Situations Leading to § 911 Charges

Claiming U.S. citizenship during an immigration interview
Checking the “U.S. citizen” box on employment (I-9) forms
Telling police or federal agents you are a U.S. citizen
Using fraudulent documents to imply citizenship
Making citizenship claims to obtain benefits reserved for citizens

Exceptions and Limited Waivers

There are very narrow exceptions to prosecution under § 911:

Good-Faith Minor Exception

A person may be exempt if they:

Lived in the U.S. before age 16
Had at least one U.S. citizen parent
Made the claim in good faith

Pre-September 30, 1996 Claims

False claims made before September 30, 1996 may qualify for a statutory waiver, though immigration consequences may still apply.

Related Federal Impersonation Crimes

False claims of citizenship often accompany other impersonation offenses under 18 U.S.C. Chapter 43, including:

18 U.S.C. § 912 – Impersonating a federal officer
18 U.S.C. § 913 – Impersonating an officer to arrest or search
18 U.S.C. § 914 – Impersonating a creditor of the U.S.
18 U.S.C. § 915 – Impersonating diplomats or consuls
18 U.S.C. § 916 – Impersonating 4-H agents
18 U.S.C. § 917 – Impersonating Red Cross officials

Multiple statutes may be charged in a single case.

Penalties for False Claim of U.S. Citizenship

A conviction under 18 U.S.C. § 911 may result in:

Up to 3 years in federal prison
Fines up to $250,000
Permanent criminal record

Immigration Consequences

For non-citizens, the consequences are often more severe than the criminal penalties:

Deportation
Permanent inadmissibility
Bars to naturalization
Ineligibility for immigration relief

Importantly, immigration penalties can apply even without a criminal conviction.

Defenses to 18 U.S.C. § 911 Charges

Federal false-citizenship cases are highly fact-specific and often defensible. Common strategies include:

Lack of Intent

The government must prove willful deception. Mistakes, misunderstandings, or confusion about status may defeat intent.

Mistake of Fact

Defendants who genuinely believed they were U.S. citizens—due to family history, paperwork errors, or misinformation—may have a valid defense.

Duress or Coercion

If the claim was made under pressure or threat, criminal liability may be negated.

Insufficient Evidence

The prosecution must prove who the statement was made to, why it was made, and what exactly was said. Weak or ambiguous evidence may result in dismissal.

Why Immediate Legal Representation Matters

False citizenship cases often arise suddenly and escalate quickly. Statements made without counsel can permanently damage both criminal and immigration outcomes.

Early defense can:

Prevent formal charges
Limit immigration consequences
Suppress improper statements
Negotiate pre-indictment resolution

Speak With a Federal Criminal Defense Lawyer

If you are under investigation or charged under 18 U.S.C. § 911, do not speak to law enforcement or immigration officials without counsel.

Eisner Gorin LLP represents clients nationwide in federal criminal and immigration-related prosecutions.

📞 Call (818) 781-1570 for a confidential consultation. Our law firm is based in Los Angeles.

False Claim of Citizenship