[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 577 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 577

    To amend title 18, United States Code, to provide penalties for 
   individuals who engage in schemes to defraud aliens and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2009

 Mrs. Feinstein (for herself and Mr. Kennedy) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, to provide penalties for 
   individuals who engage in schemes to defraud aliens and for other 
                               purposes.

    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 Fraud Prevention Act of 
2009''.

SEC. 2. SCHEMES TO DEFRAUD ALIENS.

    (a) Amendments to Title 18.--
            (1) In general.--Chapter 47 of title 18, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 1041. Schemes to defraud aliens
    ``(a) In General.--Any person who willfully and knowingly executes 
a scheme or artifice, in connection with any matter that is authorized 
by or arises under Federal immigration laws or any matter the offender 
willfully and knowingly claims or represents is authorized by or arises 
under Federal immigration laws, to--
            ``(1) defraud any person; or
            ``(2) obtain or receive money or anything else of value 
        from any person by means of false or fraudulent pretenses, 
        representations, promises,
shall be fined under this title, imprisoned not more than 5 years, or 
both.
    ``(b) Misrepresentation.--Any person who willfully, knowingly, and 
falsely represents that such person is an attorney or an accredited 
representative (as that term is defined in section 1292.1 of title 8, 
Code of Federal Regulations or any successor regulation to such 
section) in any matter arising under Federal immigration laws shall be 
fined under this title, imprisoned not more than 5 years, or both.''.
            (2) Clerical amendment.--The table of sections for chapter 
        47 of title 18, United States Code, is amended by adding after 
        the item related to section 1040 the following:

``1041. Schemes to defraud aliens.''.
    (b) Investigation of Schemes to Defraud Aliens.--The Attorney 
General and the Secretary of Homeland Security shall use the Executive 
Office of Immigration Review to detect and investigate individuals who 
are in violation of section 1041 of title 18, United States Code, as 
added by subsection (a)(1).

SEC. 3. NOTICE AND OUTREACH.

    (a) Notice to Aliens in Immigration Proceedings.--
            (1) In general.--Subparagraph (E) of section 239(a)(1) of 
        the Immigration and Nationality Act (8 U.S.C. 1229(a)(1)) is 
        amended to read as follows:
                    ``(E)(i) The alien may be represented by counsel 
                and the alien will be provided--
                            ``(I) a period of time to secure counsel 
                        under subsection (b)(1); and
                            ``(II) a current list of counsel prepared 
                        under subsection (b)(2).
                    ``(ii) A description of who may represent the alien 
                in the proceedings, including a notice that immigration 
                consultants, visa consultants, and other unauthorized 
                individuals may not provide that representation.''.
            (2) List of disciplined practitioners.--Subsection (b) of 
        section 239 of the Immigration and Nationality Act (8 U.S.C. 
        1229) is amended--
                    (A) by redesignating paragraph (3) as paragraph 
                (6); and
                    (B) by inserting after paragraph (2) the following 
                new paragraphs:
            ``(3) List of disciplined practitioners.--The Attorney 
        General shall provide for lists (updated no less often than 
        quarterly) of persons who are prohibited for providing 
        representation in immigration proceedings.
            ``(4) Foreign language materials.--The materials required 
        to be provided to an alien under this subsection shall be 
        provided in appropriate languages, including English and 
        Spanish.
            ``(5) Oral notification.--At the earliest possible 
        opportunity, an immigration judge shall orally advise an alien 
        in a removal proceeding of the information described in 
        paragraphs (2) and (3).''.
    (b) Outreach to Immigrant Communities.--
            (1) Authority to conduct.--The Attorney General, through 
        the Director of the Executive Office for Immigration Review, 
        and the Secretary of Homeland Security shall carry out a 
        program to educate aliens regarding who may provide legal 
        services and representation to aliens in immigration 
        proceedings through cost-effective outreach to immigrant 
        communities.
            (2) Purpose.--The purpose of the program authorized under 
        paragraph (1) is to prevent aliens from being subjected to 
        fraud by immigration consultants, visa consultants, and other 
        individuals who are not authorized to provide legal services or 
        representation to aliens.
            (3) Availability.--The Attorney General and the Secretary 
        of Homeland Security shall make information regarding fraud by 
        immigration consultants, visa consultants, and other 
        individuals who are not authorized to provide legal services or 
        representation to aliens available--
                    (A) at appropriate offices that provide services or 
                information to aliens; and
                    (B) through Internet websites that are--
                            (i) maintained by the Attorney General or 
                        the Secretary; and
                            (ii) intended to provide information 
                        regarding immigration matters to aliens.
            (4) Foreign language materials.--Any educational materials 
        used to carry out the program authorized under paragraph (1) 
        shall be made available to immigrant communities in appropriate 
        languages, including English and Spanish.
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