Title: Fight Notario Fraud Act of 2020
Policy area: Immigration

Summary:
Fight Notario Fraud Act of 2020
This bill prohibits certain types of fraud or misrepresentations related to immigration matters, provides for criminal penalties for such actions, and contains related provisions.
Specifically, a person shall be subject to fines, imprisonment, or both, if that person knowingly executes a scheme related to immigration laws to (1) defraud another, or (2) receive anything of value from another based on false pretenses or representations. Such a person shall be subject to additional criminal penalties if that person (1) threatens to report another to federal or state authorities, (2) takes actions or makes attempts to adversely impact another's immigration status, or (3) demands or retains anything of value for services fraudulently performed or not performed.
Similarly, a person shall be subject to fines, imprisonment, or both, if the person knowingly and falsely claims to be an attorney or an accredited representative in any matter arising under the immigration laws. (An accredited representative is an individual authorized by the Executive Office of Immigration Review to represent clients in certain immigration matters.)
The bill provides for longer terms of imprisonment for a person who causes a cumulative loss of more than $10,000 through actions prohibited under this bill.
The Department of Justice shall establish at least 15 Special U.S. Attorney positions to enforce these provisions and take other actions related to enforcement and protecting consumers from fraudulent immigration schemes.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8225 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8225

  To amend title 18, United States Code, to prohibit certain types of 
fraud in the provision of immigration services, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 2020

 Ms. Mucarsel-Powell (for herself and Ms. Garcia of Texas) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to prohibit certain types of 
fraud in the provision of immigration services, 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 ``Fight Notario Fraud Act of 2020''.

SEC. 2. FRAUD PROHIBITED.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1041. Schemes to defraud persons in any matter arising under 
              immigration laws
    ``(a) Fraud.--Any person who knowingly executes a scheme or 
artifice, in connection with any matter authorized by or arising under 
the immigration laws, or any matter that such person claims or 
represents is authorized by or arises under the immigration laws to--
            ``(1) defraud any other person; or
            ``(2) obtain or receive money or anything else of value 
        from any other person by means of false or fraudulent 
        pretenses, representations, or promises,
shall be fined under this title, imprisoned not more than 1 year, or 
both.
    ``(b) Misrepresentation.--Any person who knowingly makes a false 
representation that such person is an attorney or an accredited 
representative (as such term is defined under section 1292.1(a)(4) of 
title 8, Code of Federal Regulations (or any successor regulation)) in 
any matter arising under the immigration laws shall be fined under this 
title, imprisoned not more than 1 year, or both.
    ``(c) Threats and Retaliation.--Any person who violates subsection 
(a) and knowingly--
            ``(1) threatens to report another person to Federal 
        authorities or State law enforcement authorities working in 
        conjunction with or pursuant to Federal authority;
            ``(2) acts to adversely affect another person's immigration 
        status, perceived immigration status, or attempts to secure 
        immigration status that--
                    ``(A) impacts or results in the removal of the 
                person from the United States;
                    ``(B) leads to the loss of immigration status; or
                    ``(C) causes the person seeking to apply for an 
                immigration benefit to lose an opportunity to apply for 
                such an immigration benefit that would have provided 
                immigration status and for which a person was prima 
                facie eligible; or
            ``(3) demands or retains money or anything else of value 
        for services fraudulently performed or not performed or 
        withholds or threatens to withhold services promised to be 
        performed,
shall be fined under this title, imprisoned not more than 1 year, or 
both.
    ``(d) Gravity of Offense.--
            ``(1) Cumulative loss.--Any person who violates subsection 
        (a), (b), or (c) such that the cumulative loss to all victims 
        exceeds $10,000 may be imprisoned not more than 3 years, fined 
        under this title, or both.
            ``(2) Retaliation.--Any person who violates subsection (a) 
        or (b) and causes the harm described in subsection (c)(2) may 
        be imprisoned not more than 3 years, fined under this title, or 
        both.
    ``(e) Information Sharing and Enforcement.--
            ``(1) In general.--The Immigrant and Employee Rights 
        Section of the Civil Rights Division of the Department of 
        Justice--
                    ``(A) shall have primary enforcement responsibility 
                for this section and shall be consulted prior to a 
                United States Attorney initiating an action under this 
                section;
                    ``(B) shall establish procedures to receive and 
                investigate complaints of fraudulent immigration 
                schemes from the public that are consistent with the 
                procedures for receiving and investigating complaints 
                of unfair immigration-related employment practices; and
                    ``(C) shall maintain and publish on the internet, 
                information aimed at protecting consumers from 
                fraudulent immigration schemes, as well as a list of 
                individuals who have been convicted of unlawful conduct 
                under this section or have been found by a State or 
                Federal agency to have unlawfully provided immigration 
                services.
            ``(2) Special united states attorneys.--The Attorney 
        General shall establish no fewer than 15 Special United States 
        Attorney positions in districts the Attorney General 
        determines, after analyzing data following each decennial 
        census, to be most affected by the fraud described in 
        subsections (a), (b), and (c).
            ``(3) Restitution.--There shall be deposited in the Crime 
        Victims Fund established under section 1402 of the Victims of 
        Crime Act of 1984 (34 U.S.C. 20101) any restitution ordered for 
        an offense under this section if the victim of such offense 
        cannot reasonably be located.
    ``(f) Severability.--If any provision of this section, or the 
application of such a provision to any person or circumstance, is held 
to be unconstitutional, the remainder of this section and the 
application of the remaining provisions of this section to any person 
or circumstance shall not be affected thereby.
    ``(g) Immigration Laws.--In this section, 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)).''.
    (b) Clerical Amendment.--The table of sections for chapter 47 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1041. Schemes to defraud persons in any matter arising under 
                            immigration laws.''.
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