II 112th CONGRESS 1st Session S. 1336 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.

1.

Short title

This Act may be cited as the Immigration Fraud Prevention Act of 2011.

2.

Misrepresentation

(a)

In general

Chapter 47 of title 18, United States Code, is amended by inserting at the end the following:

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. .

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:

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. .

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. .

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. .