[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3074 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3074

  To make certain immigration consultant practices criminal offenses.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2000

  Mr. Schumer introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To make certain immigration consultant practices criminal offenses.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Protection Act of 
2000''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There is an epidemic of fraud directed against aliens 
        engaged in dealings with the Immigration and Naturalization 
        Service.
            (2) Fraudulent immigration consultants target aliens 
        working their way through the maze of immigration law and 
        extract hundreds of thousands of dollars in exchange for 
        promises of help in dealing with the Immigration and 
        Naturalization Service.
            (3) For example, phony immigration consultants--who lure 
        clients by approaching aliens in line at Immigration and 
        Naturalization Service buildings or by advertising in foreign-
        language newspapers--promise, for a fee, to help immigrants 
        obtain residency or green cards by using personal back-channel 
        connections at the Immigration and Naturalization Service or by 
        filing a supposedly necessary application.
            (4) Rather than legitimately assist aliens with the 
        Immigration and Naturalization Service, fraudulent consultants 
        then take one or a succession of fees and either do nothing, or 
        worse, file meritless asylum petitions designed to result in 
        rejection and deportation.
            (5) Fraudulent immigration consultants often pose as 
        immigration lawyers. In particular, some who target Spanish-
        speaking immigrants become notaries public in order to 
        advertise as ``notarios,'' who are attorneys in Latin America.
            (6) Aliens victimized by fraudulent consultants are usually 
        too fearful of deportation, or unsure where to turn, to report 
        the fraud to Government officials. Consequently, fraudulent 
        consultants operate with near-impunity.
            (7) Because fraudulent immigration consultants work in the 
        shadows and provide services that are unregulated in many 
        States, it is impossible to determine how many such 
        illegitimate businesses exist. State officials and immigrants' 
        advocacy groups estimate, however, that the problem of aliens 
        exploited by bogus consultants has grown in recent years, and 
        that thousands of fraudulent consultants are at work across the 
        country.
            (8) Federal and State efforts to rein in fraudulent 
        immigration consultants have not succeeded in ending the abuse. 
        At the Federal level, there is no jurisdiction to prosecute 
        fraudulent consultants unless they participate in the 
        submission of false documents to the Immigration and 
        Naturalization Service. Since many phony consultants scam 
        aliens without filing paperwork with the Immigration and 
        Naturalization Service, they cannot be reached by Federal law 
        enforcement.
            (9) The Department of Justice intended to establish five 
        Federal-State task forces to combat fraud by immigration 
        consultants in major cities with large immigrant populations. 
        Only one such task force has been established, however--in Los 
        Angeles.
            (10) Enforcement by State authorities is sporadic. Many 
        make no effort to pursue and prosecute bogus consultants. And 
        even when con artists are convicted, most jurisdictions punish 
        fraud against aliens as misdemeanors.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Attorney.--The term ``attorney'' means any person who 
        is a member in good standing of the bar of the highest court of 
        any State, possession, territory, Commonwealth, or the District 
        of Columbia, and is not under any order of any court 
        suspending, enjoining, restraining, disbarring, or otherwise 
        restricting such person in the practice of law.
            (2) Accredited representative.--The term ``accredited 
        representative'' means any organization or individual that has 
        been accredited by the Board of Immigration Appeals pursuant to 
        section 292 of title 8, Code of Federal Regulations.
            (3) Compensation.--The term ``compensation'' means money, 
        property, promise of payment, or any other consideration, 
        provided directly or indirectly.
            (4) Immigration consultant.--The term ``immigration 
        consultant''--
                    (A) means any individual, organization, or entity 
                who in exchange for compensation or the expectation of 
                compensation, promises to provide or provides 
                assistance or advice on an immigration matter; and
                    (B) does not include any attorney, person employed 
                by and working under the direct supervision of one or 
                more attorneys, or any accredited representative.
            (5) Immigration matter.--The term ``immigration matter'' 
        means any proceeding, filing, or action affecting the 
        immigration or citizenship status of any person which arises 
        under any immigration or naturalization law, Executive order, 
        Presidential proclamation, or action of the Immigration and 
        Naturalization Service, other component of the Department of 
        Justice, the Department of State, or the Department of Labor.

SEC. 4. PROHIBITED ACTS AND CRIMINAL PENALTIES.

    (a) Prohibited Acts.--It shall be unlawful for any immigration 
consultant intentionally, or with reckless disregard for the truth to--
            (1) make any false or misleading statement to any client, 
        prospective client, or the public while providing, offering, or 
        advertising services;
            (2) make any statement indicating or implying that the 
        immigration consultant can or will obtain special favors from, 
        or has special influence with, any government agency;
            (3) retain any compensation for any service not performed;
            (4) refuse to return any document supplied by, prepared on 
        behalf of, or paid for by, any client or prospective client, 
        even in the event of a fee dispute;
            (5) select forms to be filed with any government agency in 
        connection with an immigration matter;
            (6) provide information to any government agency without 
        the client's knowledge and consent;
            (7) engage in the unauthorized practice of law in 
        connection with an immigration matter, as such is defined by 
        applicable State statutes, regulations, rules or municipal 
        ordinances, in conjunction with an immigration matter; and
            (8) hold himself or herself out to any client, prospective 
        client, or to the public as engaging in or entitled to engage 
        in the practice of law, or uses any title in any language, such 
        as ``notario'' or ``notary public'', to convey attorney status.
    (b) Criminal Penalties.--Any immigration consultant who commits any 
act set forth in subsection (a) shall be fined under title 18 of the 
United States Code, imprisoned not more than five years, or both.

SEC. 5. ADVERTISEMENT DISCLAIMER, NOTICE AND WRITTEN CONTRACT.

    (a) Advertisement Disclaimer.--It shall be unlawful for an 
immigration consultant to make any advertisement unless the 
advertisement includes a statement that the immigration consultant is 
not an attorney, that the consultant cannot provide legal advice or 
select forms for use by clients or prospective clients and that he or 
she cannot obtain special favors from and has no special influence 
with, the Immigration and Naturalization Service.
    (b) Notice.--It shall be unlawful for an immigration consultant to 
perform immigration consulting services unless, in any office in which 
an immigration consultant meets with clients or prospective clients, 
the immigration consultant has conspicuously displayed a notice, not 
smaller than 12 inches by 20 inches and in boldface print no smaller 
than one inch in height, that includes--
            (1) a statement that the immigration consultant is not an 
        attorney, cannot select forms for use by the client, and cannot 
        provide legal services in any immigration matter; and
            (2) a statement that the immigration consultant cannot 
        obtain special favors from, and has no special influence with, 
        the Immigration and Naturalization Service.
    (c) Written Contract.--It shall be unlawful for an immigration 
consultant knowingly to act in an immigration matter unless the person 
has entered into a written contract (in both English and the other 
principal language of the client, if not English) with the client that 
includes--
            (1) a description of all services to be performed by the 
        person under the agreement;
            (2) the amount to be paid by the client;
            (3) a statement, printed on the face of the contract in 
        boldface type no smaller than 10 point, that the person is not 
        licensed and authorized to practice law in the State in which 
        the immigration consultant services are to be performed and is 
        unable to perform legal services;
            (4) a statement, printed on the face of the contract in 
        boldface type no smaller than 10 point, that any document 
        provided to the immigration consultant in connection with the 
        immigration matter may not be retained by the immigration 
        consultant and must be returned to the client at any time 
        requested by the client;
            (5) a statement that the client may rescind the contract 
        within 72 hours of the time it is executed and receive a full 
        refund of all monies paid to the immigration consultant; and
            (6) a statement certifying that a copy of the contract has 
        been provided to the client upon execution of the contract.
    (d) Criminal Penalties.--Any immigration consultant who knowingly 
fails to perform any requirement set forth in this section shall be 
fined under title 18 of the United States Code, imprisoned not more 
than one year, or both.

SEC. 6. CIVIL ENFORCEMENT.

    (a) Aggrieved Parties.--Any person aggrieved by reason of any 
violation of section 4 or 5 may commence a civil action in any 
appropriate United States district court for the relief set forth in 
subsection (d).
    (b) Civil Actions by the Attorney General.--If the Attorney General 
of the United States has reasonable cause to believe that any person or 
group of persons is being, has been, or may be injured by reason of any 
violation of section 4 or 5, the Attorney General may commence a civil 
action in any appropriate United States district court for the relief 
set forth in subsections (d) and (e).
    (c) Civil Actions by State Attorneys General.--If the Attorney 
General of a State has reasonable cause to believe that any person or 
group of persons is being, has been, or may be injured by reason of any 
violation of section 4 or 5, such Attorney General may commence a civil 
action in the name of such State, as parens patriae on behalf of 
persons residing in such State, in any appropriate United States 
district court for the relief set forth in subsections (d) and (e).
    (d) Relief.--In any civil action brought under this section, the 
court may award appropriate relief, including temporary, preliminary, 
or permanent injunctive relief and compensatory and punitive damages, 
as well as the costs of suit and reasonable fees for attorneys and 
expert witnesses. Injunctive relief may include, where appropriate, an 
order temporarily or permanently enjoining the defendant from serving 
as an immigration consultant in any immigration matter.
    (e) Civil Penalties.--In addition to the relief provided for in 
subsection (d), which the Attorney General or any State Attorney 
General may seek on behalf of aggrieved parties, the court may also 
assess a civil penalty not exceeding $50,000 for first violations, and 
$100,000 for subsequent violations, when sought by the Attorney General 
of the United States or any State Attorney General.

SEC. 7. TASK FORCES.

    (a) Establishment of Task Forces.--The Attorney General shall 
establish task forces composed of Federal investigatory and 
prosecutorial personnel, and any State or local personnel who may be 
assigned by States to serve, in the eight districts determined by the 
Attorney General to contain the largest numbers of aliens subject to 
violations of sections 4 and 5. Such task forces shall investigate, 
criminally prosecute, and bring civil suits based on violations of 
sections 4 and 5, section 274C of the Immigration and Nationality Act, 
section 1546 of title 18, United States Code, and any other applicable 
Federal or State laws.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Department of Justice $7,000,000 for each of fiscal years 
        2001, 2002, and 2003 to carry out this section.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 8. OUTREACH BY IMMIGRATION AND NATURALIZATION SERVICE.

    (a) Outreach Program.--The Commissioner of Immigration and 
Naturalization shall establish a program to inform aliens about--
            (1) the obligations of immigration consultants under this 
        Act;
            (2) methods of law enforcement, redress, and assistance 
        under this Act and any other related law, regulation, or 
        program established by the Immigration and Naturalization 
        Service or other Federal, State, or local agency; and
            (3) the hotline to be established under subsection (b).
    (b) Hotline.--The Commissioner of Immigration and Naturalization 
shall establish a toll-free hotline to be used by aliens and others 
with knowledge or information of violations of sections 4 and 5, 
section 274C of the Immigration and Nationality Act, section 1546 of 
title 18, United States Code, or any related State or local laws. 
Callers shall be permitted to provide information anonymously. In 
situations deemed appropriate by the Commissioner of the Immigration 
and Naturalization Service, callers or information provided by callers 
shall be forwarded to appropriate Federal or State law enforcement 
authorities.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Department of Justice $7,000,000 for each of fiscal years 
        2001, 2002, and 2003 in order to carry out this section.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 9. CONFIDENTIALITY.

    (a) In General.--Except as otherwise provided in this section, 
neither the Attorney General nor any other official or employee of the 
Department of Justice or any bureau or agency thereof may use the 
information provided by any person (including an alien not lawfully 
present in the United States) in relation to a violation of sections 4 
and 5 for any purpose other than to carry out this Act. If such 
information is provided by an alien not lawfully present in the United 
States, such information shall not be used for the purpose of 
identifying or removing the person from the United States or imposing 
other sanctions against the person.
    (b) Exception.--Subsection (a) shall not apply if the Attorney 
General or other official or employee of the Department of Justice, or 
bureau or agency thereof, determines that the information was not 
provided in good faith in conjunction with a credible report relating 
to a violation of this Act, but was provided in order to evade the 
application of Federal immigration law.
    (c) Criminal Penalty.--Whoever knowingly uses information in 
violation of this section shall be fined not more than $10,000.

SEC. 10. NONPREEMPTION OF MORE PROTECTIVE STATE AND LOCAL LAWS.

    The provisions of this Act supersede State laws, regulations, and 
municipal ordinances only to the extent such State and local laws 
impede the application of any provision of this Act. States and 
municipalities may impose requirements supplementing those imposed by 
this Act.
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