II 

112TH CONGRESS 

1ST SESSION S. 1336 

To prevent immigration fraud and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 7, 2011 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To prevent immigration fraud 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 2011’’. 

6 SEC. 2. MISREPRESENTATION. 

7 (a) IN GENERAL.—Chapter 47 of title 18, United 

8 States Code, is amended by inserting at the end the fol9 lowing: 

10 ‘‘§ 1041. Misrepresentation 

11 ‘‘Any person who knowingly and falsely represents 

12 that such person is, or holds himself or herself out as, 


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 1336 IS

1 an attorney, an accredited representative, or any person 

2 authorized to represent any other person before any court 

3 or agency of the United States in any removal proceeding 

4 or any other case or matter arising under the immigration 

5 laws (as defined in section 101(a)(17) of the Immigration 

6 and Nationality Act (8 U.S.C. 1101(a)(17))) shall be fined 

7 under this title, imprisoned not more than 5 years, or 

8 both.’’. 

9 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

10 sections for chapter 47 of title 18, United States Code, 

11 is amended by adding after the item relating to section 

12 1040 the following: 

‘‘Sec. 1041. Misrepresentation.’’. 

13 SEC. 3. IMMIGRATION SCHEMES TO DEFRAUD ALIENS. 

14 (a) IN GENERAL.—Chapter 63 of title 18, United 

15 States Code, is amended by inserting at the end the fol16 lowing: 

17 ‘‘§ 1352. Immigration schemes to defraud aliens 

18 ‘‘Any person who, in connection with any matter aris19 ing under the immigration laws (as defined in section 

20 101(a)(17) of the Immigration and Nationality Act (8 

21 U.S.C. 1101(a)(17))) or any matter the offender claims 

22 or represents to arise under such immigration laws, know23 ingly executes a scheme or artifice to— 

24 ‘‘(1) defraud any person; or 


jbell on DSKDVH8Z91PROD with BILLS
3 

•S 1336 IS

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

2 value from any person by means of false or fraudu3 lent pretenses, representations, or promises, 

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

5 5 years, or both.’’. 

6 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

7 sections for chapter 63 of title 18, United States Code, 

8 is amended by adding at the end the following: 

‘‘Sec. 1352. Immigration schemes to defraud aliens.’’. 

9 SEC. 4. LISTS OF COUNSEL FOR ALIENS. 

10 Section 239(b)(2) of the Immigration and Nationality 

11 Act (8 U.S.C. 1229(b)(2)) is amended to read as follows: 

12 ‘‘(2) CURRENT LISTS OF COUNSEL.—The Attor13 ney General shall compile and update, not less fre14 quently than quarterly, lists of persons who, during 

15 the most recent 12 months, have provided pro bono 

16 representation of aliens in proceedings under section 

17 240 that— 

18 ‘‘(A) include a description of who may rep19 resent the alien in the proceedings, including a 

20 notice that immigration consultants, visa con21 sultants, and other unauthorized individuals 

22 may not provide such representation; and 

23 ‘‘(B) shall be provided in accordance with 

24 subsection (a)(1)(E) and otherwise made gen25 erally available.’’. 


jbell on DSKDVH8Z91PROD with BILLS
4 

•S 1336 IS

1 SEC. 5. LIMITATION ON REPRESENTATION. 

2 Section 239(b) of the Immigration and Nationality 

3 Act (8 U.S.C. 1229(b)) is amended— 

4 (1) by redesignating paragraph (3) as para5 graph (4); and 

6 (2) by inserting after paragraph (2) the fol7 lowing: 

8 ‘‘(3) LIST OF PROHIBITIONS.—The Attorney 

9 General shall— 

10 ‘‘(A) compile a list of specific individuals, 

11 organizations, and practices that the Attorney 

12 General has determined are prohibited in the 

13 provision of representation in immigration pro14 ceedings, including individuals who have been 

15 convicted for a violation of section 1041 or 

16 1352 of title 18, United States Code; 

17 ‘‘(B) update the list compiled pursuant to 

18 subparagraph (A) not less frequently than 

19 quarterly; and 

20 ‘‘(C) make such list available to the gen21 eral public.’’. 

fi 


jbell on DSKDVH8Z91PROD with BILLS