Protecting Immigrants From Legal Exploitation Act of 2021
Bill: H.R.6222 | Sponsor: Rep. Foster, Bill (D-IL)
Policy area: Immigration

Summary:
Protecting Immigrants From Legal Exploitation Act of 2021
This bill establishes that certain acts of immigration-related fraud shall be punished by fines, imprisonment, or both.
The bill provides for such punishment for a person who knowingly or recklessly executes a scheme or artifice in a matter arising under immigration law to (1) defraud any person; or (2) obtain anything of value from any person through false pretenses, representations, or promises.
A person who knowingly and falsely represents that such person is an attorney or accredited representative in any matter arising under immigration law shall be subject to such punishment.
The Department of Justice (DOJ) may seek civil injunctions to stop an immigration service provider from further engaging in fraudulent conduct or willfully misrepresenting the provider's authority to provide representation in immigration matters.
An alien who left the United States based on erroneous advice from a person engaged in immigration practitioner fraud or the unauthorized practice of law shall not be barred from reentering the country.
An alien may withdraw an application for immigration benefits that was prepared or submitted by an individual engaging in immigration practitioner fraud or the unauthorized practice of law, if the alien had no prior knowledge of the individual's fraudulent or unauthorized status. The Department of Homeland Security (DHS), the Department of State, and DOJ shall develop procedures for allowing such an alien to submit corrected filings.
DHS and DOJ shall establish a program to provide grants to eligible nonprofit organizations to provide direct legal services to aliens.

To provide for punishments for immigration-related fraud, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives 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 2021''.

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 following:
``Sec. 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 Federal 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 fraudulent pretenses, 
        representations, or promises,
shall be fined under this title, imprisoned not more than 10 years, or 
both.
    ``(b) Misrepresentation.--Any person who 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 Federal Regulations (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.
    ``(c) Reimbursement.--Any person convicted of offenses 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 following:

``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 General, for matters within their respective 
jurisdictions arising under the immigration laws, shall promulgate 
appropriate regulations, forms, and procedures defining the 
circumstances in which--
            (1) persons submitting applications, petitions, motions, or 
        other written materials relating to immigration benefits or 
        relief from removal under the immigration 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 compensation (other 
        than a normal fee for copying, mailing, or similar services) in 
        connection with the preparation, completion, or submission of 
        such materials 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 commence a civil action in the name of the United 
States to enjoin any immigration service provider from further engaging 
in any fraudulent conduct that substantially interferes 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 ``immigration laws'' has 
        the meaning given that term in section 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 individual or entity (other than 
        an attorney or individual otherwise authorized to provide 
        representation in immigration proceedings as provided in 
        Federal regulation) 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, 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 immigration status or other 
immigration benefit if the alien submits information indicating the 
application or submission was prepared or submitted by an individual 
engaged in the unauthorized practice of law or immigration practitioner 
fraud and attests that the alien had no prior knowledge the application 
or submission was prepared or submitted by an individual engaged in the 
unauthorized practice of law or immigration practitioner fraud.
    (b) Corrected Filings.--The Secretary of Homeland Security, the 
Secretary of State, and the Attorney General shall develop a procedure 
for submitting corrected applications or other submissions withdrawn 
under paragraph (1). The Secretary of Homeland Security, the Secretary 
of State, and the Attorney General shall permit corrected 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 (8 U.S.C. 1182(a)(9)(B)(ii)), as 
amended by section 2315(a), is further amended by adding at the end the 
following:
                                    ``(VII) Immigration practitioner 
                                fraud.--Clause (i) shall not apply to 
                                an alien if he can prove by a 
                                preponderance of the evidence that he 
                                departed the United States based on the 
                                erroneous advice of an individual 
                                engaged in the unauthorized practice of 
                                law or immigration practitioner 
                                fraud.''.
    (d) Regulations Implementing Contempt Authority 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 through the Director of the Office for 
Immigration Review, 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 authorized 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 consultants, and other individuals who 
are not authorized to provide legal services or representation to 
aliens available--
            (1) at appropriate offices that provide services or 
        information to aliens; and
            (2) through websites that are--
                    (A) maintained by the Attorney General; and
                    (B) intended to provide information regarding 
                immigration matters to aliens.
    (d) Foreign Language Materials.--Any educational materials used to 
carry out the program authorized under subsection (a) shall, to the 
extent practicable, be made available to immigrant communities in 
appropriate languages, including English and Spanish.
    (e) Authorization of Appropriations.--
            (1) Amounts authorized.--There are authorized to be 
        appropriated such sums as may be necessary 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 APPLICANTS.

    (a) Establishment.--The Secretary and the Attorney General shall 
establish, within the U.S. Citizenship and Immigration Services and the 
Executive Office for Immigration 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 
quality services to immigrants, refugees, persons granted asylum, or 
persons applying for such statuses.
    (c) Use of Funds.--Grant funds awarded under this section shall be 
used for the design and implementation 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 
petitions, including providing assistance in obtaining necessary 
documents and supporting evidence.
    (d) Authorization of Appropriations.--
            (1) Amounts authorized.--There are authorized to be 
        appropriated such sums as may be necessary to carry out this 
        section.
            (2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available until expended.
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