IN THE CRIMINAL COURT OF SHELBY COUNTY, TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS DIVISION V ______________________________________________________________________________ STATE OF TENNESSEE, ) ) ) vs. ) ) CASE NO: ____________________ ) ________________________ ) ) ______________________________________________________________________________ SUPPLEMENTAL PROBATION ORDER ______________________________________________________________________________ It is therefore ORDERED, ADJUDGED, AND DECREED the defendant shall comply with the following additional requirements of probation: 1) Defendant shall register with the immigration authorities as required by 8 U.S.C. § 1302(a) (2000)i within one month from the signing of this order or release. Defendant shall provide proof of compliance with this order in writing to his/her probation officer. Said probation officer shall provide to this court a copy of the written compliance. 2) Defendant shall report his ongoing whereabouts to the immigration authorities as required by 8 U.S.C. § 1305(a) (2000).ii Copies of said reports shall be provided to his/her probation officer. Said probation officer shall provide to this court a copy of the written reports. 3) Defendant shall otherwise conform his/her conduct to all the civil and criminal laws of the United States and the State of Tennessee.iii Entered this ______ day of _______________20_____, _____________________________________ Judge James M. Lammey, Jr. 1 i INA Registration of Aliens [8 USC 1302] (a) It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 1201(b) of this title [§221 INA] or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days. (b) It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 1201(b) of this title [§221 INA] or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted. (c) The Attorney General may, in his discretion and on the basis of reciprocity pursuant to such regulations as he may prescribe, waive the requirement of fingerprinting specified in subsections (a) and (b) of this section in the case of any nonimmigrant. ii INA Notices of change of address 8 U.S.C. § 1305 (a) Notification of change - Each alien required to be registered under this subchapter who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regulation. (b) Current address of natives of any one or more foreign states - The Attorney General may in his discretion, upon ten days notice, require the natives of any one or more foreign states, or any class or group thereof, who are within the United States and who are required to be registered under this subchapter, to notify the Attorney General of their current addresses and furnish such additional information as the Attorney General may require. (c) Notice to parent or legal guardian - In the case of an alien for whom a parent or legal guardian is required to apply for registration, the notice required by this section shall be given to such parent or legal guardian. iii INA Penalties [8 USC 1306] (a) Willful failure to register - Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both. (b) Failure to notify change of address - Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice to the Attorney General, as required by section 1305 of this title [§265 INA], shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both. Irrespective of whether an alien is convicted and punished as herein provided, any alien who fails to give written notice to the Attorney General, as required by section 1305 of this title [§265 INA], shall be taken into custody and removed in the manner provided by part IV of this subchapter, unless such alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful. (c) Fraudulent statements - Any alien or any parent or legal guardian of any alien, who files an application for registration containing statements known by him to be false, or who procures or attempts to procure registration of himself or another person through fraud, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000, or be imprisoned not more than six months, or both; and any alien so convicted shall, upon the warrant of the Attorney General, be taken into custody and be removed in the manner provided in part IV of this subchapter. (d) Counterfeiting - Any person who with unlawful intent photographs, prints, or in any other manner makes, or executes, any engraving, photograph, print, or impression in the likeness of any certificate of alien registration or an alien registration receipt card or any colorable imitation thereof, except when and as authorized under such rules and regulations as may be prescribed by the Attorney General, shall upon conviction be fined not to exceed $5,000 or be imprisoned not more than five years, or both.