I 

111TH CONGRESS 

1ST SESSION H. R. 1992 

To amend title 18, United States Code, to provide penalties for individuals 

who engage in schemes to defraud aliens and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2009 

Ms. CLARKE (for herself and Mr. CONYERS) introduced the following bill; 

which was referred to the Committee on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Immigration Fraud 

5 Prevention Act of 2009’’. 

6 SEC. 2. SCHEMES TO DEFRAUD ALIENS. 

7 (a) AMENDMENTS TO TITLE 18.— 

8 (1) IN GENERAL.—Chapter 47 of title 18, 

9 United States Code, is amended by adding at the 

10 end the following new section: 


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1 ‘‘§ 1041. Schemes to defraud aliens 

2 ‘‘(a) IN GENERAL.—Any person who willfully and 

3 knowingly executes a scheme or artifice, in connection with 

4 any matter that is authorized by or arises under Federal 

5 immigration laws or any matter the offender willfully and 

6 knowingly claims or represents is authorized by or arises 

7 under Federal immigration laws, to— 

8 ‘‘(1) defraud any person; or 

9 ‘‘(2) obtain or receive money or anything else of 

10 value from any person by means of false or fraudu11 lent pretenses, representations, promises, 

12 shall be fined under this title, imprisoned not more than 

13 5 years, or both. 

14 ‘‘(b) MISREPRESENTATION.—Any person who will15 fully, knowingly, and falsely represents that such person 

16 is an attorney or an accredited representative (as that 

17 term is defined in section 1292.1 of title 8, Code of Fed18 eral Regulations or any successor regulation to such sec19 tion) in any matter arising under Federal immigration 

20 laws shall be fined under this title, imprisoned not more 

21 than 5 years, or both.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions for chapter 47 of title 18, United States Code, 

24 is amended by adding after the item related to sec25 tion 1040 the following: 

‘‘1041. Schemes to defraud aliens.’’. 


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1 (b) INVESTIGATION OF SCHEMES TO DEFRAUD

2 ALIENS.—The Attorney General and the Secretary of 

3 Homeland Security shall use the Executive Office of Immi4 gration Review to detect and investigate individuals who 

5 are in violation of section 1041 of title 18, United States 

6 Code, as added by subsection (a)(1). 

7 SEC. 3. NOTICE AND OUTREACH. 

8 (a) NOTICE TO ALIENS IN IMMIGRATION PRO9 CEEDINGS.— 

10 (1) IN GENERAL.—Subparagraph (E) of section 

11 239(a)(1) of the Immigration and Nationality Act (8 

12 U.S.C. 1229(a)(1)) is amended to read as follows: 

13 ‘‘(E)(i) The alien may be represented by 

14 counsel and the alien will be provided— 

15 ‘‘(I) a period of time to secure counsel 

16 under subsection (b)(1); and 

17 ‘‘(II) a current list of counsel pre18 pared under subsection (b)(2). 

19 ‘‘(ii) A description of who may represent 

20 the alien in the proceedings, including a notice 

21 that immigration consultants, visa consultants, 

22 and other unauthorized individuals may not 

23 provide that representation.’’. 


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1 (2) LIST OF DISCIPLINED PRACTITIONERS.— 

2 Subsection (b) of section 239 of the Immigration 

3 and Nationality Act (8 U.S.C. 1229) is amended— 

4 (A) by redesignating paragraph (3) as 

5 paragraph (6); and 

6 (B) by inserting after paragraph (2) the 

7 following new paragraphs: 

8 ‘‘(3) LIST OF DISCIPLINED PRACTITIONERS.— 

9 The Attorney General shall provide for lists (up10 dated no less often than quarterly) of persons who 

11 are prohibited for providing representation in immi12 gration proceedings. 

13 ‘‘(4) FOREIGN LANGUAGE MATERIALS.—The 

14 materials required to be provided to an alien under 

15 this subsection shall be provided in appropriate lan16 guages, including English and Spanish. 

17 ‘‘(5) ORAL NOTIFICATION.—At the earliest pos18 sible opportunity, an immigration judge shall orally 

19 advise an alien in a removal proceeding of the infor20 mation described in paragraphs (2) and (3).’’. 

21 (b) OUTREACH TO IMMIGRANT COMMUNITIES.— 

22 (1) AUTHORITY TO CONDUCT.—The Attorney 

23 General, through the Director of the Executive Of24 fice for Immigration Review, and the Secretary of 

25 Homeland Security shall carry out a program to 


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1 educate aliens regarding who may provide legal serv2 ices and representation to aliens in immigration pro3 ceedings through cost-effective outreach to immi4 grant communities. 

5 (2) PURPOSE.—The purpose of the program 

6 authorized under paragraph (1) is to prevent aliens 

7 from being subjected to fraud by immigration con8 sultants, visa consultants, and other individuals who 

9 are not authorized to provide legal services or rep10 resentation to aliens. 

11 (3) AVAILABILITY.—The Attorney General and 

12 the Secretary of Homeland Security shall make in13 formation regarding fraud by immigration consult14 ants, visa consultants, and other individuals who are 

15 not authorized to provide legal services or represen16 tation to aliens available— 

17 (A) at appropriate offices that provide 

18 services or information to aliens; and 

19 (B) through Internet websites that are— 

20 (i) maintained by the Attorney Gen21 eral or the Secretary; and 

22 (ii) intended to provide information 

23 regarding immigration matters to aliens. 

24 (4) FOREIGN LANGUAGE MATERIALS.—Any 

25 educational materials used to carry out the program 


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1 authorized under paragraph (1) shall be made avail2 able to immigrant communities in appropriate lan3 guages, including English and Spanish. 

Æ 


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