To reduce the number of innocent victims of immigration fraud by making certain immigration consultant practices criminal offenses.

Summary: Immigration Relief and Protection Act of 2006 - Makes specified immigration-related acts (including advertisements) of immigration consultants unlawful. Establishes criminal and civil penalties for such violations. Directs the Attorney General to establish specified district task forces to enforce such provisions. Directs the Secretary of Homeland Security to establish related outreach programs, including a toll-free hotline. Provides for confidentiality of related information and criminal penalties for violations of such confidentiality.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Relief and Protection 
Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The number of fraudulent immigration consultants 
        preying upon immigrants seeking assistance has risen 
        dramatically in recent years.
            (2) Fraudulent immigration consultants extract money from 
        aliens, including fees or compensation for services not 
        provided, and give false promises, misleading statements, and 
        baseless guarantees.
            (3) Many unscrupulous consultants claim that they are 
        immigration attorneys.
            (4) Fraudulent consultants claim that they have close 
        connections to United States Citizenship and Immigration 
        Services.
            (5) Victims of immigration fraud are usually afraid to 
        report fraud to Government officials because they are unsure of 
        their rights and are too fearful of deportation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Attorney.--The term ``attorney'' means any individual 
        who is a member in good standing of the bar of the highest 
        court of any State, possession, territory, Commonwealth, or the 
        District of Columbia, and is not under any order of any court 
        suspending, enjoining, restraining, disbarring, or otherwise 
        restricting such person in the practice of law.
            (2) Accredited representative.--The term ``accredited 
        representative'' means any individual or organization that has 
        been accredited by the Board of Immigration Appeals pursuant to 
        section 292 of title 8, Code of Federal Regulations.
            (3) Compensation.--The term ``compensation'' means money, 
        property, promise of payment, or any other consideration, 
        provided directly or indirectly.
            (4) Immigration consultant.--The term ``immigration 
        consultant''--
                    (A) means any individual, organization, or entity 
                that in exchange for compensation or the expectation of 
                compensation, promises to provide or provides 
                assistance or advice on an immigration matter; and
                    (B) does not include any attorney, individual 
                employed by and working under the direct supervision of 
                one or more attorneys, or any accredited 
                representative.
            (5) Immigration matter.--The term ``immigration matter'' 
        means any proceeding, filing, or action affecting the 
        immigration or citizenship status of any individual which 
        arises under any immigration or naturalization law, Executive 
        order, Presidential proclamation, or action of United States 
        Citizenship and Immigration Services, other component of the 
        Department of Homeland Security, the Department of State, or 
        the Department of Labor.

SEC. 4. PROHIBITED ACTS AND CRIMINAL PENALTIES.

    (a) Prohibited Acts.--It shall be unlawful for any immigration 
consultant to intentionally or with reckless disregard for the truth 
to--
            (1) make any false or misleading statement, guarantee, or 
        promise to any client, prospective client, or the public while 
        providing, offering, or advertising services;
            (2) make any statement indicating or implying that the 
        immigration consultant can or will obtain special favors from, 
        or has special influence with, any government agency;
            (3) demand or retain any fees or compensation for services 
        not performed, or costs that are not actually incurred;
            (4) represent that a fee may be charged, or charge a fee 
        for the distribution, provision, or submission of any official 
        document or form issued or promulgated by a State or Federal 
        governmental entity, or for a referral of the client to another 
        individual or entity that is qualified to provide services or 
        assistance which the immigration consultant will not provide;
            (5) refuse to return any document or fail to provide copies 
        supplied by, prepared on behalf of, or paid for by, any client 
        or prospective client, even in the event of a fee dispute;
            (6) select forms to be filed with any government agency in 
        connection with an immigration matter;
            (7) disclose any information to, or file any forms or 
        documents with, immigration or other authorities without the 
        knowledge or consent of the client;
            (8) engage in the unauthorized practice of law in 
        connection with an immigration matter, as such is defined by 
        applicable State statutes, regulations, rules, or municipal 
        ordinances, in conjunction with an immigration matter; or
            (9) hold himself or herself out to any client, prospective 
        client, or to the public as engaging in or entitled to engage 
        in the practice of law, or uses any title in any language, such 
        as ``notario'' or ``notary public'', to convey attorney status.
    (b) Criminal Penalties.--Any immigration consultant who commits any 
act set forth in subsection (a) shall be fined under title 18, United 
States Code, imprisoned not more than five years, or both.

SEC. 5. ADVERTISEMENT DISCLAIMER, NOTICE, AND WRITTEN CONTRACT.

    (a) Advertisement Disclaimer.--It shall be unlawful for an 
immigration consultant to make any advertisement unless the 
advertisement includes a statement that the immigration consultant is 
not an attorney, that the immigration consultant cannot provide legal 
advice or select forms for use by clients or prospective clients, and 
that the immigration consultant cannot obtain special favors from and 
has no special influence with, United States Citizenship and 
Immigration Services.
    (b) Notice.--It shall be unlawful for an immigration consultant to 
perform immigration consulting services unless, in any office in which 
an immigration consultant meets with clients or prospective clients, 
the immigration consultant has conspicuously displayed a notice, no 
smaller than 12 inches by 20 inches and in boldface print no smaller 
than 1 inch in height, that includes--
            (1) a statement that the immigration consultant is not an 
        attorney, cannot select forms for use by the client, and cannot 
        provide legal services in any immigration matter; and
            (2) a statement that the immigration consultant cannot 
        obtain special favors from, and has no special influence with, 
        United States Citizenship and Immigration Services.
    (c) Written Contract.--It shall be unlawful for an immigration 
consultant knowingly to act in an immigration matter unless the 
immigration consultant has entered into a written contract (in both 
English and the other principal language of the client, if not English) 
with the client that includes--
            (1) a description of all services to be performed by the 
        immigration consultant under the agreement;
            (2) the amount to be paid by the client;
            (3) a statement, printed on the face of the contract in 
        boldface type no smaller than 10 point, that the immigration 
        consultant is not licensed and authorized to practice law in 
        the State in which the immigration consultant's services are to 
        be performed and is unable to perform legal services;
            (4) a statement, printed on the face of the contract in 
        boldface type no smaller than 10 point, that any document 
        provided to the immigration consultant in connection with the 
        immigration matter may not be retained by the immigration 
        consultant and must be returned to the client at any time 
        requested by the client;
            (5) a statement that the client may rescind the contract 
        within 72 hours of the time it is executed and receive a full 
        refund of all monies paid to the immigration consultant; and
            (6) a statement certifying that a copy of the contract has 
        been provided to the client upon execution of the contract.
    (d) Criminal Penalties.--Any immigration consultant who knowingly 
fails to perform any requirement set forth in this section shall be 
fined under title 18, United States Code, imprisoned not more than one 
year, or both.

SEC. 6. CIVIL ENFORCEMENT.

    (a) Aggrieved Parties.--Any individual aggrieved by reason of any 
violation of section 4 or 5 may commence a civil action in any 
appropriate United States district court for the relief set forth in 
subsection (d).
    (b) Civil Actions by the Attorney General.--If the Attorney General 
has reasonable cause to believe that any individual or group of 
individuals is being, has been, or may be injured by reason of any 
violation of section 4 or 5, the Attorney General may commence a civil 
action in any appropriate United States district court for the relief 
set forth in subsections (d) and (e).
    (c) Civil Actions by State Attorneys General.--If the attorney 
general of a State has reasonable cause to believe that any individual 
or group of individuals is being, has been, or may be injured by reason 
of any violation of section 4 or 5, such attorney general may commence 
a civil action in the name of such State, as parens patriae on behalf 
of individuals residing in such State, in any appropriate United States 
district court for the relief set forth in subsections (d) and (e).
    (d) Relief.--In any civil action brought under this section, the 
court may award appropriate relief, including temporary, preliminary, 
or permanent injunctive relief and compensatory and punitive damages, 
as well as the costs of suit and reasonable fees for attorneys and 
expert witnesses. Injunctive relief may include, where appropriate, an 
order temporarily or permanently enjoining the defendant from serving 
as an immigration consultant in any immigration matter.
    (e) Civil Penalties.--In addition to the relief provided for in 
subsection (d) which the Attorney General or any State attorney general 
may seek on behalf of an aggrieved individual or individuals, the court 
may also assess a civil penalty not exceeding $50,000 for a first 
violation and $100,000 for subsequent violations when sought by the 
Attorney General or any State attorney general.

SEC. 7. TASK FORCES.

    (a) Establishment of Task Forces.--The Attorney General shall 
establish task forces composed of Federal investigatory and 
prosecutorial personnel, and any State or local personnel who may be 
assigned by the States in which they are employed to serve, in the 
eight districts determined by the Attorney General to contain the 
largest numbers of aliens subject to violations of sections 4 and 5. 
Such task forces shall investigate, criminally prosecute, and bring 
civil suits based on violations of sections 4 and 5, section 274C of 
the Immigration and Nationality Act (8 U.S.C. 1324c), section 1546 of 
title 18, United States Code, and any other applicable Federal, State, 
or local law.
    (b) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary of Homeland Security $10,000,000 for fiscal year 
        2007 and each subsequent fiscal year to carry out this section.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 8. OUTREACH BY SECRETARY OF HOMELAND SECURITY.

    (a) Outreach Program.--The Secretary of Homeland Security shall 
establish a program to inform aliens about--
            (1) the obligations of immigration consultants under this 
        Act;
            (2) methods of law enforcement, redress, and assistance 
        under this Act and any other related law, regulation, or 
        program established by the Department of Homeland Security or 
        other Federal, State, or local agency; and
            (3) the hotline to be established under subsection (b).
    (b) Hotline.--The Secretary of Homeland Security shall establish a 
toll-free hotline to be used by aliens and others with knowledge or 
information of violations of sections 4 and 5, section 274C of the 
Immigration and Nationality Act (8 U.S.C. 1324c), section 1546 of title 
18, United States Code, or any other applicable Federal, State, or 
local law. Callers may provide information anonymously. In situations 
determined appropriate by the Secretary of Homeland Security, callers 
or information provided by callers shall be forwarded to appropriate 
Federal or State law enforcement authorities.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary of Homeland Security $7,000,000 for fiscal year 
        2007 and each subsequent fiscal year in order to carry out this 
        section.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 9. CONFIDENTIALITY.

    (a) In General.--Except as otherwise provided in this section, 
neither the Secretary of Homeland Security nor any other official or 
employee of the Department of Homeland Security or of any bureau or 
agency thereof may use the information provided by any individual 
(including an alien not lawfully present in the United States) in 
relation to a violation of sections 4 and 5 for any purpose other than 
to carry out this Act. If such information is provided by an alien not 
lawfully present in the United States, such information shall not be 
used for the purpose of identifying or removing the alien from the 
United States or imposing other sanctions against the alien.
    (b) Exception.--Subsection (a) shall not apply if the Secretary of 
Homeland Security or other official or employee of the Department of 
Homeland Security or of any bureau or agency thereof determines that 
the information referred to in such subsection was not provided in good 
faith in conjunction with a credible report relating to a violation of 
this Act, but was provided in order to evade the application of Federal 
immigration law.
    (c) Criminal Penalty.--Whoever knowingly uses information in 
violation of this section shall be fined not more than $10,000.

SEC. 10. NONPREEMPTION OF MORE PROTECTIVE STATE AND LOCAL LAWS.

    The provisions of this Act shall supersede State and local laws, 
regulations, and municipal ordinances only to the extent that such 
State and local laws, regulations, and municipal ordinances impede the 
application of any provision of this Act. States and localities may 
impose requirements supplementing the requirements imposed by this Act.