[Congressional Record Volume 157, Number 100 (Thursday, July 7, 2011)]
[Senate]
[Pages S4452-S4453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 1336. A bill to prevent immigration fraud and for other purposes; 
to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am introducing the Immigration 
Fraud Prevention Act of 2011. This legislation would provide a much-
needed tool for prosecutors to use to combat the exploitative actions 
of fraudulent lawyers and consultants who take advantage of individuals 
seeking immigration assistance.
  The Immigration Fraud Prevention Act would 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 immigrants.
  Specifically, the act would make it a Federal crime to knowingly and 
falsely represent that an individual is an attorney or accredited 
representative authorized to represent aliens in immigration 
proceedings; and to knowingly defraud or receive money or anything of 
value from any person by false or fraudulent pretences, 
representations, or promises.
  Violations of these crimes would result in a fine, imprisonment of 
not more than 5 years, or both.
  The bill would also work to combat immigration fraud by increasing 
the awareness of notario fraud to immigrants.
  The bill would require immigration courts to provide immigrants in 
removal proceedings with information about notario fraud.
  The bill would require the Justice Department to compile and make 
available to the public a list of individuals and organizations that 
have been convicted of immigration fraud; and permit only people who 
have, within a 12-month period, represented immigrants pro bono appear 
on the Justice Department's list of pro bono legal services.
  By enacting this bill, Congress would help prevent more victims like 
Mr. Ibarra, a Mexican national and father of four, who has resided in 
Los Angeles since 1988. Mr. Ibarra hired a so-called ``immigration 
specialist'' and paid him over $7,500. In his apartment, Mr. Ibarra 
keeps reams of documents that the immigration consultant claimed to 
have filed on his behalf but never did--as Mr. Ibarra subsequently 
learned from immigration authorities when he was placed into removal 
proceedings. I wish I could tell you that this kind of egregious 
behavior is uncommon, but sadly, that is not the case.
  Last November, the San Francisco City Attorney filed a lawsuit 
against a former lawyer who ran an illicit immigration law practice. In 
the three decades in which the lawyer was licensed to practice law, he 
was reported on numerous occasions to the California bar for his 
unethical behavior that included collecting exorbitant fees; 
representing clients in a negligent manner; and misleading immigrants 
with assurances of favorable outcomes.
  Eventually, the lawyer resigned from the legal profession and was 
prohibited from representing clients before the Board of Immigration 
Appeals. The terms of his resignation prevented him from practicing law 
or portraying himself as eligible to practice law. Instead of abiding 
by these terms, the lawyer proceeded to set up another law practice 
through which he defrauded over two hundred immigrants, depleting many 
of these victims of their entire life savings.
  I am pleased that last month the Federal Government partnered with 
State prosecutors and immigration advocacy organizations to launch a 
nationwide campaign to combat these harmful schemes. The enactment of 
this bill would enhance the government's ability to achieve the goals 
of this national campaign by providing prosecutors with a tough new 
Federal criminal law that could be used to convict fraudulent-lawyers 
and consultants who prey on immigrants.
  Mr. President, I urge support for the Immigration Fraud Prevention 
Act of 2011.
  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 
printed in the Record, as follows:

                                S. 1336

       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--

[[Page S4453]]

       ``(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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