[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1336 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1336

          To prevent immigration fraud and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 7, 2011

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

_______________________________________________________________________

                                 A BILL


 
          To prevent immigration fraud 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 
2011''.

SEC. 2. MISREPRESENTATION.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by inserting at the end the following:
``Sec. 1041. Misrepresentation
    ``Any person who knowingly and falsely represents that such person 
is, or holds himself or herself out as, an attorney, an accredited 
representative, or any person authorized to represent any other person 
before any court or agency of the United States in any removal 
proceeding or any other case or matter arising under the immigration 
laws (as defined in section 101(a)(17) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(17))) shall be fined under this 
title, imprisoned not more than 5 years, or both.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
47 of title 18, United States Code, is amended by adding after the item 
relating to section 1040 the following:

``Sec. 1041. Misrepresentation.''.

SEC. 3. IMMIGRATION SCHEMES TO DEFRAUD ALIENS.

    (a) In General.--Chapter 63 of title 18, United States Code, is 
amended by inserting at the end the following:
``Sec. 1352. Immigration schemes to defraud aliens
    ``Any person who, in connection with any matter arising under the 
immigration laws (as defined in section 101(a)(17) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(17))) or any matter the offender 
claims or represents to arise under such immigration laws, knowingly 
executes a scheme or artifice 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, or promises,
shall be fined under this title, imprisoned not more than 5 years, or 
both.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
63 of title 18, United States Code, is amended by adding at the end the 
following:

``Sec. 1352. Immigration schemes to defraud aliens.''.

SEC. 4. LISTS OF COUNSEL FOR ALIENS.

    Section 239(b)(2) of the Immigration and Nationality Act (8 U.S.C. 
1229(b)(2)) is amended to read as follows:
            ``(2) Current lists of counsel.--The Attorney General shall 
        compile and update, not less frequently than quarterly, lists 
        of persons who, during the most recent 12 months, have provided 
        pro bono representation of aliens in proceedings under section 
        240 that--
                    ``(A) include 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 such 
                representation; and
                    ``(B) shall be provided in accordance with 
                subsection (a)(1)(E) and otherwise made generally 
                available.''.

SEC. 5. LIMITATION ON REPRESENTATION.

    Section 239(b) of the Immigration and Nationality Act (8 U.S.C. 
1229(b)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) List of prohibitions.--The Attorney General shall--
                    ``(A) compile a list of specific individuals, 
                organizations, and practices that the Attorney General 
                has determined are prohibited in the provision of 
                representation in immigration proceedings, including 
                individuals who have been convicted for a violation of 
                section 1041 or 1352 of title 18, United States Code;
                    ``(B) update the list compiled pursuant to 
                subparagraph (A) not less frequently than quarterly; 
                and
                    ``(C) make such list available to the general 
                public.''.
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