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. 
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 Fraud 
Prevention Act of 2009’’. 
SEC. 2. SCHEMES TO DEFRAUD ALIENS. 
(a) AMENDMENTS TO TITLE 18.— 
(1) IN
GENERAL.—Chapter 47 of title 18, 
United States Code, is amended by adding at the 
end the following new section: 
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‘‘§ 1041. Schemes to defraud aliens 
‘‘(a) IN GENERAL.—Any person who willfully and 
knowingly executes a scheme or artifice, in connection with 
any matter that is authorized by or arises under Federal 
immigration laws or any matter the offender willfully and 
knowingly claims or represents is authorized by or arises 
under Federal immigration laws, 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, promises, 
shall be fined under this title, imprisoned not more than 
5 years, or both. 
‘‘(b) MISREPRESENTATION.—Any person who will-
fully, knowingly, and falsely represents that such person 
is an attorney or an accredited representative (as that 
term is defined in section 1292.1 of title 8, Code of Fed-
eral Regulations or any successor regulation to such sec-
tion) in any matter arising under Federal immigration 
laws shall be fined under this title, imprisoned not more 
than 5 years, or both.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 47 of title 18, United States Code, 
is amended by adding after the item related to sec-
tion 1040 the following: 
‘‘1041. Schemes to defraud aliens.’’. 
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(b) INVESTIGATION
OF SCHEMES TO DEFRAUD 
ALIENS.—The Attorney General and the Secretary of 
Homeland Security shall use the Executive Office of Immi-
gration Review to detect and investigate individuals who 
are in violation of section 1041 of title 18, United States 
Code, as added by subsection (a)(1). 
SEC. 3. NOTICE AND OUTREACH. 
(a) NOTICE
TO ALIENS
IN IMMIGRATION PRO-
CEEDINGS.— 
(1) IN GENERAL.—Subparagraph (E) of section 
239(a)(1) of the Immigration and Nationality Act (8 
U.S.C. 1229(a)(1)) is amended to read as follows: 
‘‘(E)(i) The alien may be represented by 
counsel and the alien will be provided— 
‘‘(I) a period of time to secure counsel 
under subsection (b)(1); and 
‘‘(II) a current list of counsel pre-
pared under subsection (b)(2). 
‘‘(ii) A description of who may represent 
the alien in the proceedings, including a notice 
that immigration consultants, visa consultants, 
and other unauthorized individuals may not 
provide that representation.’’. 
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(2) LIST
OF
DISCIPLINED
PRACTITIONERS.— 
Subsection (b) of section 239 of the Immigration 
and Nationality Act (8 U.S.C. 1229) is amended— 
(A) by redesignating paragraph (3) as 
paragraph (6); and 
(B) by inserting after paragraph (2) the 
following new paragraphs: 
‘‘(3) LIST OF DISCIPLINED PRACTITIONERS.— 
The Attorney General shall provide for lists (up-
dated no less often than quarterly) of persons who 
are prohibited for providing representation in immi-
gration proceedings. 
‘‘(4) FOREIGN
LANGUAGE
MATERIALS.—The 
materials required to be provided to an alien under 
this subsection shall be provided in appropriate lan-
guages, including English and Spanish. 
‘‘(5) ORAL NOTIFICATION.—At the earliest pos-
sible opportunity, an immigration judge shall orally 
advise an alien in a removal proceeding of the infor-
mation described in paragraphs (2) and (3).’’. 
(b) OUTREACH TO IMMIGRANT COMMUNITIES.— 
(1) AUTHORITY TO CONDUCT.—The Attorney 
General, through the Director of the Executive Of-
fice for Immigration Review, and the Secretary of 
Homeland Security shall carry out a program to 
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educate aliens regarding who may provide legal serv-
ices and representation to aliens in immigration pro-
ceedings through cost-effective outreach to immi-
grant communities. 
(2) PURPOSE.—The purpose of the program 
authorized under paragraph (1) is to prevent aliens 
from being subjected to fraud by immigration con-
sultants, visa consultants, and other individuals who 
are not authorized to provide legal services or rep-
resentation to aliens. 
(3) AVAILABILITY.—The Attorney General and 
the Secretary of Homeland Security shall make in-
formation regarding fraud by immigration consult-
ants, visa consultants, and other individuals who are 
not authorized to provide legal services or represen-
tation to aliens available— 
(A) at appropriate offices that provide 
services or information to aliens; and 
(B) through Internet websites that are— 
(i) maintained by the Attorney Gen-
eral or the Secretary; and 
(ii) intended to provide information 
regarding immigration matters to aliens. 
(4) FOREIGN
LANGUAGE
MATERIALS.—Any 
educational materials used to carry out the program 
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authorized under paragraph (1) shall be made avail-
able to immigrant communities in appropriate lan-
guages, including English and Spanish. 
Æ 
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