I 
109TH CONGRESS 
2D SESSION 
H. R. 6190 
To reduce the number of innocent victims of immigration fraud by making 
certain immigration consultant practices criminal offenses. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2006 
Mr. OWENS introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To reduce the number of innocent victims of immigration 
fraud by making certain immigration consultant practices 
criminal offenses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 con-
sultants preying upon immigrants seeking assistance 
has risen dramatically in recent years. 
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(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 be-
cause 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 Colum-
bia, and is not under any order of any court sus-
pending, enjoining, restraining, disbarring, or other-
wise 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 
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of Immigration Appeals pursuant to section 292 of 
title 8, Code of Federal Regulations. 
(3) COMPENSATION.—The term ‘‘compensa-
tion’’ means money, property, promise of payment, 
or any other consideration, provided directly or indi-
rectly. 
(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 pro-
vide or provides assistance or advice on an im-
migration matter; and 
(B) does not include any attorney, indi-
vidual employed by and working under the di-
rect supervision of one or more attorneys, or 
any accredited representative. 
(5) IMMIGRATION MATTER.—The term ‘‘immi-
gration matter’’ means any proceeding, filing, or ac-
tion affecting the immigration or citizenship status 
of any individual which arises under any immigra-
tion or naturalization law, Executive order, Presi-
dential proclamation, or action of United States Citi-
zenship and Immigration Services, other component 
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of the Department of Homeland Security, the De-
partment 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 cli-
ent, or the public while providing, offering, or adver-
tising 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 ac-
tually incurred; 
(4) represent that a fee may be charged, or 
charge a fee for the distribution, provision, or sub-
mission of any official document or form issued or 
promulgated by a State or Federal governmental en-
tity, or for a referral of the client to another indi-
vidual or entity that is qualified to provide services 
or assistance which the immigration consultant will 
not provide; 
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(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 au-
thorities without the knowledge or consent of the cli-
ent; 
(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 con-
sultant who commits any act set forth in subsection (a) 
shall be fined under title 18, United States Code, impris-
oned not more than five years, or both. 
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SEC. 5. ADVERTISEMENT DISCLAIMER, NOTICE, AND WRIT-
TEN CONTRACT. 
(a) ADVERTISEMENT DISCLAIMER.—It shall be un-
lawful for an immigration consultant to make any adver-
tisement 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 fa-
vors 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 un-
less, in any office in which an immigration consultant 
meets with clients or prospective clients, the immigration 
consultant has conspicuously displayed a notice, no small-
er 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 Immi-
gration Services. 
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(c) WRITTEN CONTRACT.—It shall be unlawful for an 
immigration consultant knowingly to act in an immigra-
tion 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 con-
tract in boldface type no smaller than 10 point, that 
the immigration consultant is not licensed and au-
thorized to practice law in the State in which the im-
migration consultant’s services are to be performed 
and is unable to perform legal services; 
(4) a statement, printed on the face of the con-
tract in boldface type no smaller than 10 point, that 
any document provided to the immigration consult-
ant 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 
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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 execu-
tion of the contract. 
(d) CRIMINAL PENALTIES.—Any immigration con-
sultant 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 sec-
tion 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 GEN-
ERAL.—If the attorney general of a State has reasonable 
cause to believe that any individual or group of individuals 
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is being, has been, or may be injured by reason of any 
violation of section 4 or 5, such attorney general may com-
mence 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 wit-
nesses. Injunctive relief may include, where appropriate, 
an order temporarily or permanently enjoining the defend-
ant from serving as an immigration consultant in any im-
migration matter. 
(e) CIVIL PENALTIES.—In addition to the relief pro-
vided for in subsection (d) which the Attorney General or 
any State attorney general may seek on behalf of an ag-
grieved 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 Attor-
ney General shall establish task forces composed of Fed-
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eral 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 sec-
tions 4 and 5. Such task forces shall investigate, crimi-
nally 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 subse-
quent fiscal year to carry out this section. 
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated pursuant to paragraph (1) are authorized to 
remain available until expended. 
SEC. 8. OUTREACH BY SECRETARY OF HOMELAND SECU-
RITY. 
(a) OUTREACH PROGRAM.—The Secretary of Home-
land Security shall establish a program to inform aliens 
about— 
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(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 Depart-
ment of Homeland Security or other Federal, State, 
or local agency; and 
(3) the hotline to be established under sub-
section (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 sec-
tions 4 and 5, section 274C of the Immigration and Na-
tionality 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 anon-
ymously. In situations determined appropriate by the Sec-
retary of Homeland Security, callers or information pro-
vided 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. 
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(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated 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 (in-
cluding an alien not lawfully present in the United States) 
in relation to a violation of sections 4 and 5 for any pur-
pose 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 informa-
tion 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. 
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