I 
113TH CONGRESS 
1ST SESSION H. R. 2936 
To provide for punishments for immigration-related fraud, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2013 
Mr. FOSTER (for himself, Mr. DEUTCH, Mr. QUIGLEY, Mr. POLIS, Ms. TITUS, 
Ms. NORTON, Ms. SCHAKOWSKY, Mr. HASTINGS of Florida, Mr. ENYART, 
Mr. TONKO, Mr. GARCIA, Mr. LARSEN of Washington, and Mr. ELLISON) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To provide for punishments for immigration-related fraud, 
and for other purposes. 
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 ‘‘Protecting Immigrants 
From Legal Exploitation Act of 2013’’. 
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SEC. 2. SCHEMES TO PROVIDE FRAUDULENT IMMIGRATION 
SERVICES. 
(a) IN GENERAL.—Chapter 47 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1041. Schemes to provide fraudulent immigration 
services 
‘‘(a) IN GENERAL.—Any person who knowingly or 
recklessly executes a scheme or artifice, in connection with 
any matter that is authorized by or arises under any Fed-
eral immigration law or any matter the offender claims 
or represents is authorized by or arises under any Federal 
immigration law, to— 
‘‘(1) defraud any person; or 
‘‘(2) obtain or receive money or anything else of 
value from any person by means of false or fraudu-
lent pretenses, representations, or promises, 
shall be fined under this title, imprisoned not more than 
10 years, or both. 
‘‘(b) MISREPRESENTATION.—Any person who know-
ingly and falsely represents that such person is an attor-
ney or an accredited representative (as that term is de-
fined in section 1292.1 of title 8, Code of Federal Regula-
tions (or any successor regulation)) in any matter arising 
under any Federal immigration law shall be fined under 
this title, imprisoned not more than 15 years, or both. 
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‘‘(c) REIMBURSEMENT.—Any person convicted of of-
fenses under this section must fully reimburse the client 
for any services that person fraudulently provided.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for such chapter is amended by adding at the end the fol-
lowing: 
‘‘1041. Schemes to provide fraudulent immigration services.’’. 
SEC. 3. COMBATING SCHEMES TO DEFRAUD ALIENS. 
(a) REGULATIONS, FORMS, AND PROCEDURES.—The 
Secretary of Homeland Security and the Attorney Gen-
eral, for matters within their respective jurisdictions aris-
ing under the immigration laws, shall promulgate appro-
priate regulations, forms, and procedures defining the cir-
cumstances in which— 
(1) persons submitting applications, petitions, 
motions, or other written materials relating to immi-
gration benefits or relief from removal under the im-
migration laws will be required to identify who 
(other than immediate family members) assisted 
them in preparing or translating the immigration 
submissions; and 
(2) any person or persons who received com-
pensation (other than a normal fee for copying, 
mailing, or similar services) in connection with the 
preparation, completion, or submission of such mate-
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rials will be required to sign the form as a preparer 
and provide identifying information. 
(b) CIVIL
INJUNCTIONS
AGAINST
IMMIGRATION 
SERVICE PROVIDER.—The Attorney General may com-
mence a civil action in the name of the United States to 
enjoin any immigration service provider from further en-
gaging in any fraudulent conduct that substantially inter-
feres with the proper administration of the immigration 
laws or who willfully misrepresents such provider’s legal 
authority to provide representation before the Department 
of Justice and the Department of Homeland Security. 
(c) DEFINITIONS.—In this section: 
(1) IMMIGRATION LAWS.—The term ‘‘immigra-
tion laws’’ has the meaning given that term in sec-
tion 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17)). 
(2) IMMIGRATION
SERVICE
PROVIDER.—The 
term ‘‘immigration service provider’’ means any indi-
vidual or entity (other than an attorney or individual 
otherwise authorized to provide representation in im-
migration proceedings as provided in Federal regula-
tion) who, for a fee or other compensation, provides 
any assistance or representation to aliens in relation 
to any filing or proceeding relating to the alien 
which arises, or which the provider claims to arise, 
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under the immigration laws, Executive order, or 
Presidential proclamation. 
SEC. 4. RELIEF FOR VICTIMS OF NOTARIO FRAUD. 
(a) IN GENERAL.—An alien may withdraw, without 
prejudice, an application or other submission for immigra-
tion status or other immigration benefit if the alien sub-
mits information indicating the application or submission 
was prepared or submitted by an individual engaged in 
the unauthorized practice of law or immigration practi-
tioner fraud and attests that the alien had no prior knowl-
edge the application or submission was prepared or sub-
mitted by an individual engaged in the unauthorized prac-
tice of law or immigration practitioner fraud. 
(b) CORRECTED FILINGS.—The Secretary of Home-
land Security, the Secretary of State, and the Attorney 
General shall develop a procedure for submitting corrected 
applications or other submissions withdrawn under para-
graph (1). The Secretary of Homeland Security, the Sec-
retary of State, and the Attorney General shall permit cor-
rected applications or other submissions to be resubmitted 
notwithstanding the numerical and time limitations on the 
filing of the applications or other submissions covered by 
this Act. 
(c) 
WAIVER
OF
BAR
TO
REENTRY.—Section 
212(a)(9)(B)(iii) of the Immigration and Nationality Act 
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(8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 
2315(a), is further amended by adding at the end the fol-
lowing: 
‘‘(VII) 
IMMIGRATION
PRACTI-
TIONER FRAUD.—Clause (i) shall not 
apply to an alien if he can prove by 
clear convincing evidence that he de-
parted the United States based on the 
erroneous advice of an individual en-
gaged in the unauthorized practice of 
law 
or 
immigration 
practitioner 
fraud.’’. 
(d) REGULATIONS IMPLEMENTING CONTEMPT AU-
THORITY OF IMMIGRATION JUDGES.—Not later than 180 
days after the date of enactment of this Act, the Attorney 
General shall promulgate regulations implementing the 
contempt authority for immigration judges provided by 
section 240(b)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1229a(b)(1)). Such regulations shall provide 
that any civil contempt sanctions including any monetary 
penalty may be applicable to all parties appearing before 
the immigration judge. 
SEC. 5. OUTREACH TO IMMIGRANT COMMUNITIES. 
(a) AUTHORITY TO CONDUCT.—The Secretary of 
Homeland Security and the Attorney General, acting 
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through the Director of the Office for Immigration Re-
view, shall carry out a program to educate aliens regarding 
who may provide legal services and representation to 
aliens in immigration proceedings through cost-effective 
outreach to immigrant communities. 
(b) PURPOSE.—The purpose of the program author-
ized under subsection (a) is to prevent aliens from being 
subjected to fraud by individuals who are not authorized 
to provide legal services or representation to aliens. 
(c) AVAILABILITY.—The Attorney General shall, to 
the extent practicable, make publicly available information 
regarding fraud by immigration consultants, visa consult-
ants, and other individuals who are not authorized to pro-
vide legal services or representation to aliens available— 
(1) at appropriate offices that provide services 
or information to aliens; and 
(2) through Web sites that are— 
(A) maintained by the Attorney General; 
and 
(B) intended to provide information re-
garding immigration matters to aliens. 
(d) FOREIGN LANGUAGE MATERIALS.—Any edu-
cational materials used to carry out the program author-
ized under subsection (a) shall, to the extent practicable, 
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be made available to immigrant communities in appro-
priate languages, including English and Spanish. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) AMOUNTS AUTHORIZED.—There are author-
ized to be appropriated such sums as may be nec-
essary to carry out this section. 
(2) AVAILABILITY.—Any amounts appropriated 
pursuant to paragraph (1) shall remain available 
until expended. 
SEC. 6. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI-
CANTS. 
(a) ESTABLISHMENT.—The Secretary and the Attor-
ney General shall establish, within the U.S. Citizenship 
and Immigration Services and the Executive Office for Im-
migration Review respectively, programs to award grants, 
on a competitive basis, to eligible nonprofit organizations 
to provide direct legal services to aliens as described in 
subsection (c). 
(b) ELIGIBLE
NONPROFIT
ORGANIZATION.—The 
term ‘‘eligible nonprofit organization’’ means a nonprofit, 
tax-exempt organization whose staff has demonstrated 
qualifications, experience, and expertise in providing qual-
ity services to immigrants, refugees, persons granted asy-
lum, or persons applying for such statuses. 
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(c) USE OF FUNDS.—Grant funds awarded under 
this section shall be used for the design and implementa-
tion of programs to provide direct assistance, within the 
scope of authorized practice of law, to aliens in removal 
proceedings and to aliens completing applications and pe-
titions, including providing assistance in obtaining nec-
essary documents and supporting evidence. 
(d) AUTHORIZATION OF APPROPRIATIONS.— 
(1) AMOUNTS AUTHORIZED.—There are author-
ized to be appropriated such sums as may be nec-
essary to carry out this section. 
(2) AVAILABILITY.—Any amounts appropriated 
pursuant to paragraph (1) shall remain available 
until expended. 
Æ 
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