[Congressional Record Volume 155, Number 44 (Thursday, March 12, 2009)]
[Senate]
[Pages S3075-S3076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Kennedy):
  S. 577. 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; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the 
Immigration Fraud Prevention Act of 2009, on behalf of myself and 
Senator Kennedy, to prevent the exploitation of people, citizens, and 
non-citizens alike, who are preyed on when seeking immigration 
assistance.
  The Immigration Fraud Prevention Act would prevent and punish fraud 
and misrepresentation in the context of immigration proceedings. The 
act would create a new Federal crime to penalize those who engage in 
schemes to defraud aliens in connection with Federal immigration laws.
  Specifically, the act would make it a Federal crime to wilfully and 
knowingly defraud or obtain or receive money or anything else of value 
from any person by false or fraudulent pretences, representations, or 
promises; and to wilfully, knowingly, and falsely represent that an 
individual is an attorney or accredited representative in any matter 
arising under Federal immigration law.
  Violations of these crimes would result in a fine, imprisonment of 
not more than 5 years, or both.
  The bill would also authorize the Attorney General and the Secretary 
of Homeland Security to use task forces currently in existence to 
detect and investigate individuals who are in violation of the 
immigration fraud crimes as created by the bill.
  The act would also work to prevent immigration fraud by requiring 
that Immigration Judges issue warnings about unauthorized practice of 
immigration law to immigrants in removal proceedings, similar to the 
current law that requires notification of pro bono legal services to 
these immigrants; requiring the Attorney General to provide outreach to 
the immigrant community to help prevent fraud; providing that any 
materials used to carry out notification on immigration law fraud is 
done in the appropriate language for that community; and requiring the 
distribution of the disciplinary list of individuals not authorized to 
appear before the immigration courts and the Board of Immigration 
Appeals, BIA, currently maintained by the Executive Office of 
Immigration Review, EOIR.
  Unfortunately, the need for Federal action to prevent and prosecute 
immigration fraud has escalated in recent years as citizens and non-
citizens attempt to navigate the immigration legal system. Thus far, 
only States have sought to regulate the unauthorized practice of 
immigration law.
  Since immigration law is a federal matter, I believe the solution to 
such misrepresentation and fraud should be addressed by Congress.
  By enacting this bill, Congress would help prevent more victims like 
Vincent Smith, a Mexican national who has resided in California since 
1975. His wife is an American citizen, and they live with their 6 U.S. 
citizen children in Palmdale, CA.
  Mr. Smith would likely have received a green card at least two 
different times during his stay in California. However, in attempting 
to get legal counsel, Mr. Smith hired someone whom he thought was an 
attorney, but was not. As a result, Mr. Smith was charged more than 
$10,000 for processing his immigration paperwork, which was never 
filed. Mr. Smith now has no legal status and faces removal proceedings.
  Another victim of immigration fraud is Raul, a Mexican national, who 
came to the United States in 2000. He also married a U.S. citizen, 
Loraina, making him eligible to apply for a green card. Raul and his 
wife went to Jose for legal help. Jose's business card said he had a 
``law office'' and that he was an ``immigration specialist.'' But Jose 
was not a specialist and charged Raul $4,000 to file a frivolous asylum 
petition. While Raul thought he was going to receive a green card, he 
was instead placed into removal proceedings.
  From California to New York, there are hundreds of stories like 
these. Many immigrants are preyed on because of their fears--others on 
their hope of realizing the American dream. They are charged exorbitant 
fees for the filing of frivolous paperwork that clog our immigration 
courts and keep families and businesses waiting in limbo for years.
  Law enforcement officials say that many fraudulent ``immigration 
specialists'' close their businesses or move on to another part of the 
state or country before they can be held accountable. They can make 
$100,000 to $200,000 a year and the few who have been caught rarely 
serve more than a few months in jail. Often victims of such crimes are 
deported, sending them back to their home countries without 
accountability for the perpetrator of the fraud.
  Most recently, hundreds of immigrants were exploited by Victor M. 
Espinal, who was arrested for allegedly posing as an immigration 
attorney. Nearly 125 of Mr. Espinal's clients attended the New York 
City Bar Association's free clinic to address their legal and 
immigration options. According to prosecutors, Mr. Espinal falsely 
claimed on his business cards that he was licensed and admitted to the 
California bar as well as the bar in the Dominican Republic.
  Organizations such as the Los Angeles Country Bar Association, 
National Immigration Forum, American Immigration Lawyers Association, 
and American Bar Association have been documenting this exploitation 
for many years. Today, I ask my colleagues to join me and Senator 
Kennedy in putting an end to it.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 577

       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.

[[Page S3076]]

       ``(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.
                                 ______