[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6190 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6190
To reduce the number of innocent victims of immigration fraud by making
certain immigration consultant practices criminal offenses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2006
Mr. Owens introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To reduce the number of innocent victims of immigration fraud by making
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 Relief and Protection
Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The number of fraudulent immigration consultants
preying upon immigrants seeking assistance has risen
dramatically in recent years.
(2) Fraudulent immigration consultants extract money from
aliens, including fees or compensation for services not
provided, and give false promises, misleading statements, and
baseless guarantees.
(3) Many unscrupulous consultants claim that they are
immigration attorneys.
(4) Fraudulent consultants claim that they have close
connections to United States Citizenship and Immigration
Services.
(5) Victims of immigration fraud are usually afraid to
report fraud to Government officials because they are unsure of
their rights and are too fearful of deportation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Attorney.--The term ``attorney'' means any individual
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 individual or organization 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
that 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, individual
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 individual which
arises under any immigration or naturalization law, Executive
order, Presidential proclamation, or action of United States
Citizenship and Immigration Services, other component of the
Department of Homeland Security, 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 to intentionally or with reckless disregard for the truth
to--
(1) make any false or misleading statement, guarantee, or
promise 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) demand or retain any fees or compensation for services
not performed, or costs that are not actually incurred;
(4) represent that a fee may be charged, or charge a fee
for the distribution, provision, or submission of any official
document or form issued or promulgated by a State or Federal
governmental entity, or for a referral of the client to another
individual or entity that is qualified to provide services or
assistance which the immigration consultant will not provide;
(5) refuse to return any document or fail to provide copies
supplied by, prepared on behalf of, or paid for by, any client
or prospective client, even in the event of a fee dispute;
(6) select forms to be filed with any government agency in
connection with an immigration matter;
(7) disclose any information to, or file any forms or
documents with, immigration or other authorities without the
knowledge or consent of the client;
(8) 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; or
(9) 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, 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 immigration consultant cannot provide legal
advice or select forms for use by clients or prospective clients, and
that the immigration consultant cannot obtain special favors from and
has no special influence with, United States Citizenship and
Immigration Services.
(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, no
smaller than 12 inches by 20 inches and in boldface print no smaller
than 1 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,
United States Citizenship and Immigration Services.
(c) Written Contract.--It shall be unlawful for an immigration
consultant knowingly to act in an immigration matter unless the
immigration consultant 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
immigration consultant 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 immigration
consultant is not licensed and authorized to practice law in
the State in which the immigration consultant's 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, United States Code, imprisoned not more than one
year, or both.
SEC. 6. CIVIL ENFORCEMENT.
(a) Aggrieved Parties.--Any individual 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
has reasonable cause to believe that any individual or group of
individuals 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 individual
or group of individuals 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 individuals 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 an aggrieved individual or individuals, the court
may also assess a civil penalty not exceeding $50,000 for a first
violation and $100,000 for subsequent violations when sought by the
Attorney General 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 the States in which they are employed 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 (8 U.S.C. 1324c), section 1546 of
title 18, United States Code, and any other applicable Federal, State,
or local law.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of Homeland Security $10,000,000 for fiscal year
2007 and each subsequent fiscal year 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 SECRETARY OF HOMELAND SECURITY.
(a) Outreach Program.--The Secretary of Homeland Security 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 Department of Homeland Security or
other Federal, State, or local agency; and
(3) the hotline to be established under subsection (b).
(b) Hotline.--The Secretary of Homeland Security 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 (8 U.S.C. 1324c), section 1546 of title
18, United States Code, or any other applicable Federal, State, or
local law. Callers may provide information anonymously. In situations
determined appropriate by the Secretary of Homeland Security, 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 Secretary of Homeland Security $7,000,000 for fiscal year
2007 and each subsequent fiscal year 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 Secretary of Homeland Security nor any other official or
employee of the Department of Homeland Security or of any bureau or
agency thereof may use the information provided by any individual
(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 alien from the
United States or imposing other sanctions against the alien.
(b) Exception.--Subsection (a) shall not apply if the Secretary of
Homeland Security or other official or employee of the Department of
Homeland Security or of any bureau or agency thereof determines that
the information referred to in such subsection 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 shall supersede State and local laws,
regulations, and municipal ordinances only to the extent that such
State and local laws, regulations, and municipal ordinances impede the
application of any provision of this Act. States and localities may
impose requirements supplementing the requirements imposed by this Act.
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