[Congressional Record Volume 166, Number 171 (Thursday, October 1, 2020)]
[House]
[Pages H5149-H5151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    FIGHT NOTARIO FRAUD ACT OF 2020

  Ms. BASS. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 8225) to amend title 18, United States Code, to prohibit certain 
types of fraud in the provision of immigration services, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 8225

       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 ``Fight Notario Fraud Act of 
     2020''.

     SEC. 2. FRAUD PROHIBITED.

       (a) 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 persons in any matter arising 
       under immigration laws

       ``(a) Fraud.--Any person who knowingly executes a scheme or 
     artifice, in connection with any matter authorized by or 
     arising under the immigration laws, or any matter that such 
     person claims or represents is authorized by or arises under 
     the immigration laws to--
       ``(1) defraud any other person; or
       ``(2) obtain or receive money or anything else of value 
     from any other person by means of false or fraudulent 
     pretenses, representations, or promises,
     shall be fined under this title, imprisoned not more than 1 
     year, or both.
       ``(b) Misrepresentation.--Any person who knowingly makes a 
     false representation that such person is an attorney or an 
     accredited representative (as such term is defined under 
     section 1292.1(a)(4) of title 8, Code of Federal Regulations 
     (or any successor regulation)) in any matter arising under 
     the immigration laws shall be fined under this title, 
     imprisoned not more than 1 year, or both.
       ``(c) Threats and Retaliation.--Any person who violates 
     subsection (a) and knowingly--
       ``(1) threatens to report another person to Federal 
     authorities or State law enforcement authorities working in 
     conjunction with or pursuant to Federal authority;
       ``(2) acts to adversely affect another person's immigration 
     status, perceived immigration status, or attempts to secure 
     immigration status that--
       ``(A) impacts or results in the removal of the person from 
     the United States;
       ``(B) leads to the loss of immigration status; or
       ``(C) causes the person seeking to apply for an immigration 
     benefit to lose an opportunity to apply for such an 
     immigration benefit that would have provided immigration 
     status and for which a person was prima facie eligible; or
       ``(3) demands or retains money or anything else of value 
     for services fraudulently performed or not performed or 
     withholds or threatens to withhold services promised to be 
     performed,

     shall be fined under this title, imprisoned not more than 1 
     year, or both.
       ``(d) Gravity of Offense.--
       ``(1) Cumulative loss.--Any person who violates subsection 
     (a), (b), or (c) such that the cumulative loss to all victims 
     exceeds $10,000 may be imprisoned not more than 3 years, 
     fined under this title, or both.
       ``(2) Retaliation.--Any person who violates subsection (a) 
     or (b) and causes the harm described in subsection (c)(2) may 
     be imprisoned not more than 3 years, fined under this title, 
     or both.
       ``(e) Information Sharing and Enforcement.--
       ``(1) In general.--The Immigrant and Employee Rights 
     Section of the Civil Rights Division of the Department of 
     Justice--
       ``(A) shall have primary enforcement responsibility for 
     this section and shall be consulted prior to a United States 
     Attorney initiating an action under this section;
       ``(B) shall establish procedures to receive and investigate 
     complaints of fraudulent immigration schemes from the public 
     that are consistent with the procedures for receiving and 
     investigating complaints of unfair immigration-related 
     employment practices; and
       ``(C) shall maintain and publish on the internet, 
     information aimed at protecting consumers from fraudulent 
     immigration schemes, as well as a list of individuals who 
     have been convicted of unlawful conduct under this section or 
     have been found by a State or Federal agency to have 
     unlawfully provided immigration services.
       ``(2) Special united states attorneys.--The Attorney 
     General shall establish no fewer than 15 Special United 
     States Attorney positions in districts the Attorney General 
     determines, after analyzing data following each decennial 
     census, to be most affected by the fraud described in 
     subsections (a), (b), and (c).

[[Page H5150]]

       ``(3) Restitution.--There shall be deposited in the Crime 
     Victims Fund established under section 1402 of the Victims of 
     Crime Act of 1984 (34 U.S.C. 20101) any restitution ordered 
     for an offense under this section if the victim of such 
     offense cannot reasonably be located.
       ``(f) Severability.--If any provision of this section, or 
     the application of such a provision to any person or 
     circumstance, is held to be unconstitutional, the remainder 
     of this section and the application of the remaining 
     provisions of this section to any person or circumstance 
     shall not be affected thereby.
       ``(g) Immigration Laws.--In this section, the term 
     `immigration laws' has the meaning given that term in section 
     101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(17)).''.
       (b) Clerical Amendment.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by adding at 
     the end the following:
       ``1041. Schemes to defraud persons in any matter arising 
           under immigration laws.''.

     SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Bass) and the gentleman from Pennsylvania (Mr. 
Reschenthaler) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. BASS. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. BASS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 8225, the Fight Notario Fraud Act of 2020, would 
address notario fraud, the practice of the provision of unauthorized 
immigration legal services, which has not been effectively curbed by 
existing Federal, State, and local efforts.
  The practice continues to cause irreparable harm to immigrant 
communities. Notario fraud proliferates all over the United States 
because there is an overwhelming need for representation in immigration 
proceedings.
  In any given year, United States Citizenship and Immigration Services 
receives approximately 6 million applications from individuals and 
businesses seeking an immigration benefit, humanitarian relief, or 
naturalization. Immigration proceedings are notoriously and unusually 
complex, as one editorial described them, dizzyingly Byzantine. The 
high demand for assistance with this complex set of laws attracts 
charlatans who prey on unsuspecting victims.
  Unfortunately, efforts to curb notario fraud for the past several 
decades have fallen short. Education campaigns by local governments, 
bar associations, and grassroots organizations have raised public 
awareness and have stemmed notario fraud somewhat.
  While 34 States and the District of Columbia have some type of 
statute outlawing the unauthorized practice of immigration law, only a 
handful have more comprehensive laws, like California, Illinois, New 
York, and Washington. Most jurisdictions address the issue by limiting 
the activities of licensed notaries public. But this is rarely 
effective, and even where laws have been enacted at the State level, 
these efforts have done little to meaningfully rein in notario fraud.
  Leadership from the Department of Justice is needed. The Federal 
Government plays a singular role in immigration proceedings, so it must 
also undertake efforts to protect the integrity of the immigration 
process and to protect vulnerable victims from fraud and illegal 
deceit.
  We must strengthen the ability of Federal prosecutors to hold 
notarios accountable for their malfeasance.
  Congress must act carefully when creating new crimes. There must be 
strong need and justification for them, but this is one instance where 
State and local efforts have fallen short, and Federal enforcement has 
been almost nonexistent.
  This bill's comprehensive approach would not only criminalize notario 
fraud at the Federal level and in 16 States that have yet to enact such 
legislation, but it would also establish an enforcement apparatus 
within the Department of Justice to combat fraudulent notario schemes 
nationwide.
  Importantly, this bill requires the Department of Justice to post 
information on the internet aimed at protecting consumers from fraud, 
including maintaining a public list of individuals who have been 
convicted of unlawful conduct under this bill or have been found by the 
State or Federal agency to have unlawfully provided immigration 
services.
  The Fight Notario Fraud Act will help prevent fraud and protect 
vulnerable victims. Mr. Speaker, I urge all of my colleagues to support 
this legislation, and I reserve the balance of my time.
  Mr. RESCHENTHALER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 8225, the Fight Notario Fraud Act of 2020, 
addresses a problem that already has a remedy in current law.
  The U.S. Department of Justice and State and local officials fight 
against fraud every day, including fraud related to immigration laws. 
In addition, the Executive Office for Immigration Review maintains a 
Fraud and Abuse Prevention Program as a centralized place for anyone to 
make complaints about issues of fraud, immigration scams, and the 
unauthorized practice of immigration law.
  These existing efforts to fight immigration fraud are working. For 
example, in San Antonio, Texas, the DOJ charged Eric Jon Alva and his 
wife, Jessica Rivas Alva, in a scheme to defraud undocumented 
immigrants by falsely claiming to work on behalf of two San Antonio 
attorneys. Although they pled guilty and were sentenced to 6 months in 
Federal prison, they could have been sentenced up to 5 years, and that 
is 5 years under current law.
  By contrast, the bill before us today would impose only a 1-year 
sentence for similar crimes. In rare circumstances, the defendant may 
receive a 3-year sentence.
  So the Democrats' response to a problem in the immigrant community is 
apparently to go soft on crime and reduce the penalties for immigration 
fraud. That doesn't make sense.
  We also should not be in the business of complicating the immigration 
system, but this bill does just that.
  This bill prohibits the unauthorized practice of law specific to 
immigration, but the unauthorized practice of law, no matter the type, 
is already illegal.
  Additionally, by dedicating prosecutors specifically to notario fraud 
and creating burdensome requirements for prosecuting this fraud, H.R. 
8225 could leave other types of immigration crimes understaffed and 
unaddressed.
  Mr. Speaker, I truly appreciate the sentiment behind this bill, I 
truly do, but if we are going to create a new category of immigration 
fraud, we should make it as strong as existing law and work to 
simplify, not to complicate, the current system. Immigrants following 
the legal system deserve as much.

  Mr. Speaker, I reserve the balance of my time.
  Ms. BASS. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Garcia).
  Ms. GARCIA of Texas. Mr. Speaker, I rise today on the House floor to 
express my strong and unwavering support for the Fight Notario Fraud 
Act of 2020.
  This bill would hold public notaries accountable that abuse their 
power to take advantage of vulnerable communities with language 
barriers or who cannot read or who cannot fully understand the legal 
system.
  Many Spanish-speaking immigrants, for example, turn to notaries 
because in their home countries a notario publico refers to a lawyer.
  H.R. 8225 criminalizes notario fraud schemes to ensure that no one 
can take advantage of the literal-sounding translation of notario 
publico.
  Significantly, some grifters have fraudulently used the notary public 
title to hold themselves out as authorized to provide advice and 
services.
  When I was a legal aid lawyer, I remember seeing firsthand many 
deceitful practices at the expense of poor

[[Page H5151]]

people due to the language barrier, due to the immigration status, or 
due to the fact that people could not read the papers that they brought 
to the notario publicos. That was wrong then, and it is still wrong 
today.
  As Members of Congress, we have a responsibility to protect the well-
being and livelihoods of the most vulnerable among us, including 
American families across the country. Certainly, courts have recognized 
the widespread prevalence of notario fraud, and the negative impact on 
immigrants and their families is clear.
  Mr. Speaker, I want to thank my comadre and good friend, 
Congresswoman Debbie Mucarsel-Powell of south Florida, for exemplary 
leadership on this issue and for sponsoring this bill. I urge all of my 
colleagues to vote in favor of this very important legislation. Let's 
put an end to these fraudulent schemes.
  Mr. RESCHENTHALER. Mr. Speaker, I have no further speakers at this 
time, and I am prepared to close. I yield myself such time as I may 
consume.
  Mr. Speaker, I have concerns that H.R. 8225 will only further 
complicate the immigration system and hurt rather than help the very 
people it is meant to protect. So with immigrants in mind, I have 
concerns with this bill as written.
  Mr. Speaker, I yield back the balance of my time.
  Ms. BASS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the harms brought by notario schemes can be devastating. 
This bill's combination of enforcement and public education is 
critically needed to protect some of the most unsuspecting and 
vulnerable victims of fraud.
  The Department of Justice must refocus its efforts to target notario 
fraud, and we are enabling them to do so with this bill.
  Mr. Speaker, I thank Representative Mucarsel-Powell for championing 
this issue, and I urge my colleagues to join me in supporting this 
bill.
  Mr. Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Committee on 
the Judiciary, I rise in strong support of H.R. 8225, the ``Fight 
Notario Fraud Act,'' introduced by the gentlelady from Florida, 
Congresswoman Murcasel-Powell.
  I support this legislation because it protects persons who are the 
most vulnerable in society against unconscionable predatory conduct 
from fraudulent ``notarios publicos'' who use the ``notary public'' 
title to hold themselves out as authorized to provide immigration legal 
advice and services.
  Specifically, H.R. 8225 would criminalize the provision of fraudulent 
legal services, certain misrepresentations by individuals who claim to 
be authorized to practice immigration law, and threats and retaliation 
associated with the provision of fraudulent legal services.
  Additionally, the bill would require the Attorney General to create 
no fewer than 15 Special United States Attorney positions to prosecute 
notario fraud crimes.
  Mr. Speaker, the roots of modern ``notario fraud'' in the United 
States stem from a practice in parts of Latin America where ``notarios 
publicos,'' (which could be literally translated to ``notaries 
public'') are lawyers and, as such, are authorized to provide legal 
services.
  Unlike in the United States, because ``notario pblicos'' in Latin 
America have a law license and can represent others in court, many 
Spanish-speaking immigrants in the United States turn to notaries 
thinking they are attorneys able to represent them in legal 
proceedings, especially cases involving immigration claims.
  On account of linguistic and cultural differences in meaning, notario 
fraud disproportionately targets immigrants from Latin America who are 
not fluent English speakers or familiar with the difference between the 
Latin American and American legal systems.
  Notarios often gain the trust of the immigrant families they defraud, 
making extravagant promises and preying on the desperation of families.
  The effect of the breach of trust can often be dire and multifaceted. 
Notarios often make mistakes in these filings and proceedings, which 
can result in irreversibly negative immigration consequences for their 
clients.
  A notario's legal errors can lead to an unfavorable review in 
immigration courts and may prejudice the immigrant-appellant on appeal.
  Fly-by-night notarios may skip town with important documentation 
immigrants need to file for immigration relief or they may apply for 
relief without the immigrant-applicant's knowledge.
  A notario's advice to a parent may impact the separate and 
independent relief a child applicant may have.
  Currently, equitable relief for this malfeasance is not available in 
the immigration proceedings and, even worse, defrauded immigrants can 
be charged with filing false claims.
  Immigrants have been defrauded of hundreds or even thousands of 
dollars by unscrupulous notarios only to find out they will not receive 
the services they were promised and, in some cases, these individuals 
find themselves in worse conditions than when they originally sought 
help with their immigration matters.
  After they discover that they have been bilked, many immigrants are 
afraid to report notaries; by some estimates, only one in every hundred 
cases are reported.
  In one civil action initiated by the Federal Trade Commission in 
2011, investigators recovered evidence of 2,785 defrauded immigrants, 
but only 99 consumer complaints associated with the notario grifter--a 
reporting rate of 3.55 percent.
  Because many of the victims of notarios also do not have legal 
immigration status, they fear negative immigration outcomes if they 
attempt to bring a complaint.
  Courts across the country have recognized the widespread prevalence 
of notario fraud.
  The proposed explicit criminalization of notario fraud is necessary 
to focus criminal fraud prosecution on widespread scams that target 
some of the least sophisticated and most vulnerable individuals in our 
society.
  I strongly support this legislation and urge all Members to join me 
in voting for its passage.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Bass) that the House suspend the rules 
and pass the bill, H.R. 8225, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________