I
106TH CONGRESS
2D SESSION
H. R. 5035
To reduce fraud in connection with the provision of legal advice and other
services to individuals applying for immigration benefits or otherwise
involved in immigration proceedings by requiring paid immigration con-
sultants to be licensed and otherwise provide services in a satisfactory
manner.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2000
Mr. GUTIERREZ (for himself, Mr. SERRANO, Mr. PASTOR, and Mr. GON-
ZALEZ) introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To reduce fraud in connection with the provision of legal
advice and other services to individuals applying for im-
migration benefits or otherwise involved in immigration
proceedings by requiring paid immigration consultants
to be licensed and otherwise provide services in a satis-
factory manner.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Immigration Services Consumer Protection Act of
2000’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Criminal penalty for immigration consultants not meeting requirements.
Sec. 4. Exception for attorneys, representatives of recognized organizations,
and others; recognition and accreditation of representatives.
Sec. 5. Education through community outreach programs.
Sec. 6. Non-preemption of more protective State laws.
Sec. 7. Confidentiality of information.
Sec. 8. Effective date.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) ATTORNEY.—The term ‘‘attorney’’ means a
person licensed and authorized to practice law in the
area in which the person is acting as an immigration
consultant.
(2) COMPENSATION.—The term ‘‘compensa-
tion’’ means money, property, promise of payment,
or anything of value, provided directly or indirectly.
(3) IMMIGRATION
CONSULTANT.—The term
‘‘immigration consultant’’ means any person that
provides assistance or advice on an immigration
matter, including—
(A) completing a form provided by a Fed-
eral or State agency;
(B) translating a person’s answer to ques-
tions asked on such a form;
(C) securing for a person supporting docu-
ments (such as birth and marriage certificates)
which may be necessary to complete those
forms;
(D) submitting completed forms, on a cli-
ent’s behalf and at the client’s request, to the
Immigration and Naturalization Service;
(E) making referrals to attorneys to rep-
resent the client in the matter; or
(F) preparing or arranging for the prepa-
ration of photograph or fingerprint in connec-
tion with the matter.
(4) IMMIGRATION MATTER.—the term ‘‘immi-
gration matter’’ means any proceeding, filing, or ac-
tion affecting the immigration or citizenship status
of any person which arises under any immigration or
naturalization law, Executive order, or Presidential
proclamation, or action of the Immigration and Nat-
uralization Service, the Department of State, or the
Department of Labor.
SEC. 3. CRIMINAL PENALTY FOR IMMIGRATION CONSULT-
ANTS NOT MEETING REQUIREMENTS.
(a) IN GENERAL.—Except as provided in section 4,
any person who acts as an immigration consultant with
respect to an immigration matter for any client for com-
pensation and who knowingly fails to meet a requirement
of subsection (b) shall be fined under title 18, United
States Code, imprisoned not more than 5 years, or both.
(b) REQUIREMENTS.—The requirements of this sub-
section for a person acting as an immigration consultant
in an immigration matter for a client are as follows:
(1) CONSULTANT
LICENSE
REQUIRED.—The
person shall have a license as an immigration con-
sultant issued by the Immigration and Naturaliza-
tion Service after the person has made an applica-
tion that meets such requirements as the Attorney
General may impose.
(2) WRITTEN CONTRACT.—The person shall not
act as an immigration consultant in the immigration
matter on behalf of the client unless the person has
entered into a written agreement with the client that
meets the following requirements:
(A) The agreement includes a description
of—
(i) the services to be performed by the
person under the agreement, and
(ii) the amounts to be paid by the cli-
ent.
(B) The agreement includes a statement,
printed on the face of the contract in boldface
type no smaller than 10 point, that the person
is not an attorney and may not perform legal
services.
(C) The agreement includes a conspicuous
statement (in both English and the other prin-
cipal language of the client, if it is not English)
that the client has the right to rescind the
agreement within 72 hours of the time it is exe-
cuted.
(D) The agreement shall not include—
(i) any guarantee or promise with re-
spect to the disposition of the Immigration
and Naturalization Service and the Attor-
ney General on the matter; or
(ii) any statement that the person can
or will obtain special favors from or has
special influence with the Service or the
Attorney General on the matter.
(3) OFFICE
NOTICE.—The person shall con-
spicuously display in any office in which the person
meets with clients a notice, not smaller than 12
inches by 20 inches and in boldface print no smaller
one inch in height, that includes the following infor-
mation:
(A) A copy of the license issued under
paragraph (1), including the full name, address,
and license number of the person.
(B) A statement that the person is not an
attorney.
(4) NOTICE
OF
CHANGE
OF
ADDRESS.—The
person shall notify the Immigration and Naturaliza-
tion Service within 30 days of any change of name,
address, or telephone number.
(5) DELIVERY
OF
DOCUMENTS.—The person
shall deliver to the client a copy of each document
or form completed on the client’s behalf.
(6) RETURNING DOCUMENTS TO CLIENT.—The
person shall, upon request of the client, return to
the client any original documents of the client in the
possession of the person that were delivered to the
person in order to provide services for the client.
SEC. 4. EXCEPTION FOR ATTORNEYS, REPRESENTATIVES
OF RECOGNIZED ORGANIZATIONS, AND OTH-
ERS; RECOGNITION AND ACCREDITATION OF
REPRESENTATIVES.
(a) IN GENERAL.—Section 3(a) shall not apply to the
following:
(1) ATTORNEYS.—An attorney.
(2) LAW STUDENTS AND LAW GRADUATES NOT
YET ADMITTED TO THE BAR.—A law student who is
enrolled in an accredited law school, or a law grad-
uate who is not yet admitted to the bar, where the
following conditions are satisfied:
(A) REQUEST.—The student or graduate
is appearing at the request of the person enti-
tled to representation.
(B) STATEMENT
OF
LAW
STUDENT.—In
the case of a law student, the student has filed
a statement that the student is participating,
under the direct supervision of a faculty mem-
ber or an attorney, in a legal aid program or
clinic conducted by a law school or non-profit
organization, and that the student is appearing
without direct or indirect remuneration from
person represented.
(C) STATEMENT OF LAW GRADUATE.—In
the case of a law graduate, the graduate has
filed a statement that the graduate is appearing
under the supervision of a licensed attorney or
accredited representative and that the graduate
is appearing without direct or indirect remu-
neration from the person represented.
(D) OFFICIAL PERMISSION.—The law stu-
dent’s or law graduate’s appearance is per-
mitted by the official or officials before whom
the student or graduate wishes to appear. The
official or officials may require that a law stu-
dent be accompanied by the supervising faculty
member or attorney.
(3) ACCREDITED REPRESENTATIVES OF RECOG-
NIZED
ORGANIZATIONS.—An individual who is an
accredited representative of an organization that is
recognized under subsection (b).
(4) ACCREDITED OFFICIALS.—An accredited of-
ficial, in the United States, of the government to
which an alien owes allegiance, if the official appears
solely in an official capacity and with the alien’s con-
sent.
(5) GRANDFATHER.—A person, other than a
representative of an organization described in sub-
section (b), who on December 23, 1952, was author-
ized to practice before the Board of Immigration Ap-
peals and the Immigration and Naturalization Serv-
ice.
(b) RECOGNITION OF QUALIFIED ORGANIZATIONS;
ACCREDITATION OF REPRESENTATIVES.—
(1) IN GENERAL.—The Attorney General shall
establish a process—
(A) for the recognition of nonprofit reli-
gious, charitable, social service, or similar orga-
nization established in the United States; and
(B) for the accreditation of representatives
of a recognized organization to provide immi-
gration services, including practicing before the
Immigration and Naturalization Service and the
Board of Immigration Appeals, on behalf of the
organization.
(2) QUALIFICATIONS.—
(A) RECOGNITION.—An organization shall
not be recognized under paragraph (1)(A) un-
less the organization establishes to the satisfac-
tion of the Attorney General that it has at its
disposal adequate knowledge, information and
experience.
(B) ACCREDITATION
OF
REPRESENTA-
TIVES.—A representative may not be accredited