An Act To Prevent Unauthorized Practice of Immigration and Nationality Law
Maine Legislature, Session 122, LD 1996
Committee Amendment CA_A_H977 (House)
Amends: 4 MRSA §807-B, 4 MRSA §955-C, 4 MRSA §960

COMMITTEE AMENDMENT ,1\, to H.P. 1398, L.D. 1996, Bill, "An Act To 
Prevent Unauthorized Practice of Immigration and Nationality Law" 
Amend the bill by striking out everything after the title and before the summary and 
inserting in its place the following: 
'Emergency preamble. Whereas, acts of the Legislature do not become effective 
until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the unauthorized practice of immigration and nationality law in the State 
has resulted in the loss of rights of and severe damages to the people of the State and 
constitutes an ongoing threat to those rights and the well-being of the public; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following "legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §807-B is enacted to read: 
§807-B. Authorized immigration and nationality law assistance 
1. Short title. This section may be known and cited as "the Immigration and 
Nationality Law Assistance Act. " 
2. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Compensation" means money, property, the reciprocal exchange of services or 
anything else of value. 
R 
"Federally authorized immigration representative" means an attorney who is 
admitted to and in good standing before the bar of a state of the United States other 
than Maine, or other person who is authorized to represent another in immigration 
and nationality law matters to the extent allowed under federal law or regulations, 
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COMMITTEE AMENDMENT ,4 to H.P. 1398, L.D. 1996 
including 8 Code of Federal Regulations, Section 292.1 and 1292.1 (996), with such 
representation specifically limited to federal immigration and nationality law ma~ers. 
C. "Immigration and nationality law assistance" means assistance on an immigration 
and nationality law matter. 
D. "Immigration form" means a form created by the United States Department of 
Homeland Security, the United States Department of Justice, the United States 
Department of Labor, the United States Department of State or other federal agency 
charged with implementing federal immigration and nationality laws for use in an 
immigration and nationality law matter. 
E. "Immigration and nationality law matter" means any application, proceeding, 
filing or other action before an agency of the United States Department of Homeland 
Security, the United States Department of Justice, the United States Department of 
Labor or the United States Department of State or other federal agency charged with 
implementing federal immigration and nationality laws regarding the nonimmigrant, 
immigrant or citizenship status of or the admission to or removal from the United 
States of a person that arises from the application of a federal immigration and 
nationality law, executive order or presidential proclamation. 
F. "Nonlegal immigration and nationality law assistance" is limited to: 
(1) Translating from English into a customer's primary language questions on an 
immigration form selected by the customer so that the customer can understand 
the questions and does not include advising the customer as to the 
appropriateness of the immigration form selected by the customer or suggesting 
which immigration form to use; 
(2) Translating from a customer's primary language into English and otherwise 
transcribing to an immigration form the customer's answers to questions on that 
form and does not include advising the customer as to the appropriateness of the 
immigration form selected by the customer or suggesting which immigration 
form to use or as to the customer's answers on that immigration form; 
(3) Securing or assisting the customer to secure supporting documents currently 
in existence, such as birth and marriage certificates, that may be needed for 
submission with immigration forms and does not include drafting of affidavits or 
other documents that may need to accompany immigration forms; and 
(4) Making referrals for legal representation with respect to an immigration and 
nationality law matter to an attorney admitted to and in good standing before the 
bar of the State or to a federally authorized immigration representative duly 
authorized by federal law and regulations to undertake such representation. 
3. Nonlegal immigration and nationality law assistance authorized. A person 
offering immigration and nationality law assistance may offer or provide only nonlegal 
immigration and nationality law assistance, except, however, that an attorney admitted to 
and in good standing before the bar of the State or a federally authorized immigration 
representative may provide immigration and nationality law assistance in the form of 
representation to the extent authorized by federal laws and regulations in immigration 
proceedings before agencies of the United States Department of Homeland Security, the 
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COMMITTEE AMENDMENT ,A, to H.P. 1398, L.D. 1996 
United States Department of Justice, the United States Department of Labor or the United 
States Department of State or other federal agency charged with carrying out the 
implementation of federal immigration and nationality laws. 
Nothing in this section is intended to nor does it authorize either an attorney who is not 
admitted to and in good standing before the bar of the State or a federally authorized 
immigration representative to offer legal opinions or general legal advice regarding state 
laws or to represent another before any state court, administrative agency or other forum 
charged with interpreting or implementing state laws. 
4. Prohibited activities. In the course of dealing with customers or prospective 
customers, a provider of immigration and nationality law assistance may not: 
A. Make a statement that the provider of immigration and nationality law assistance 
can or will obtain special favors from or has special influence with an agency or a 
tribunal of the United States Government or of any state government; 
B. Retain compensation for services not performed; 
C. Refuse to return documents supplied by, prepared by, paid for by or obtained on 
behalf of the customer and requested by the customer, regardless of whether there is 
outstanding compensation owed to the provider of immigration and nationality law 
assistance by the customer or a fee dispute between the provider of immigration and 
nationality law assistance and the customer; 
D. Fail to complete and sign, in the space provided, an immigration form that 
requests the preparer's name, address, telephone number or signature, even if the 
provider of immigration and- nationality law assistance has only provided nonlegal 
immigration and nationality law assistance in the preparation of the immigration 
form; 
E. Provide legal advice regarding immigration and nationality law matters, including 
selecting immigration forms for a customer or advising a customer as to the 
appropriateness of the forms the customer has selected or as to the customer's 
answers to the questions on the forms, unless the provider of immigration and 
nationality law assistance is an attorney admitted to and in good standing before the 
bar of the State or is a federally authorized immigration representative; or 
F. Represent or advertise or provide notice in any way or manner, including, but not 
limited to, the assertion of a title or credential such as "notario," "immigration 
consultant," "immigration agent," "immigration assistant" or "attorney," that could 
cause a customer to believe that the provider of immigration and nationality law 
assistance is authorized to practice law in the State or possesses special skill or 
expertise in immigration and nationality law matters unless the provider is an 
attorney admitted to and in good standing before the bar of the State or is a federally 
authorized immigration representative. 
A federally authorized immigration 
representative whose principal place of business is in the State shall give verbal 
notice to customers that the federally authorized immigration representative is not an 
attorney admitted to the bar of the State and may not give general legal advice or 
representation under state law and shall also include language in any written 
advertisement, notice or contract for services that clearly conveys that the federally 
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COMMITTEE AMENDMENT ,,4, to H.P. 1398, L.D. 1996 
authorized immigration representative is not an attorney admitted to practice law in 
the State and may not give general legal advice or assistance under state law. 
5. Unfair method of competition or unfair and deceptive act or practice. A 
violation of this section substantially affects the public interest and constitutes an unfair 
method of competition and a deceptive act or practice in the conduct of trade or 
commerce for purposes of the Maine Unfair Trade Practices Act. 
6. Civil violation. A violation of this section constitutes a civil violation for which a 
fine of not more than $5,000 may be adjudged. 
7. Civil Action. In addition to any other remedy that may be available, a customer 
who is aggrieved by a violation of this section may initiate a civil action in the Superior 
Court against the violator for injunctive relief or damages or both. If the court finds a 
violation of this section, the court may award to the customer: 
A. An amount equal to actual damages sustained by the customer as a result of the 
violation: 
B. An amount equal to 3 times the actual damages: and 
C. The costs of the action together with reasonable attorney's fees as determined by 
the court. 
S. Attorney General action; report. Whenever the Attorney General has reason to 
believe that a person within the State has engaged in or is engaging in activities that 
violate this section, the Attorney General may initiate an action in the Superior Court to 
enforce this section. The Attorney General, by January 1, 2007, and every January 1st 
thereafter, shall submit a report to the joint standing committee of the Legislature having 
jurisdiction over judiciary matters on the number and circumstances of all investigations 
that the Department of the Attorney General has initiated in the preceding year relating to 
violations of this section. 
Sec. 2. 4 MRSA §955-C, sub-§l, ,C, as enacted by PL 1997, c. 712, §2, is 
amended to read: 
C. 
The notary public is in violation of section 954-A or section 960; or 
Sec. 3. 4 MRSA §960 is enacted to read: 
§960. Advertisement of services 
1. Advertisement defined. For purposes of this section, "advertisement" means 
material designed to promote a product or service offered by a person that is engaged in 
offering such products or services for profit. "Advertisement" includes business cards, 
brochures and notices. 
2. Notice; requirements. A notary public who is not an attorney admitted to and in 
good standing before the bar of the State and who advertises notary services in a language 
other than English must include in the advertisement a notice that includes: 
A. Information on the fees that the notary may charge: and 
B. The following statement: 
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COMMITTEE AMENDMENT ,4, to H.P. 1398, L.D. 1996 
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN 
MAINE AND MAY NOT GIVE LEGAL ADVICE ABOUT 
IMMIGRATION OR ANY OTHER LEGAL MATTER OR ACCEPT 
FEES FOR LEGAL ADVICE." 
The notice must be in both English and in the language of the advertisement and in letters 
of a conspicuous size. If the advertisement is by radio, television or any other audio 
medium, the statement may be modified, but must include substantially the same 
message. 
3. Prohibition. An advertisement for notary services may not include a literal 
translation of the phrase "Notary Public" into any language other than English if the 
literal translation implies that the notary public is an attorney licensed to practice in the 
State or in any jurisdiction of the United States. For purposes of this subsection, "literal 
translation" means the translation of a word or phrase without regard to the true meaning 
of the word or phrase in the language that is being translated. 
4. Civil violation., Any violation of this section constitutes a civil violation for 
which a fme of not more than $5,000 may be adjudged. 
5. Civil action. In addition to any other remedy that may be available, a customer 
who is aggrieved by a violation of this section may initiate a civil action in the Superior 
Court against the violator for injunctive relief or damages or both. If a court fmds a 
violation of this section, the court may award to the customer: 
A. An amount equal to actual damages sustained by the customer as a result of the 
violation; 
B. An amount equal to 3 times the actual damages; and 
C. The costs of the action together with reasonable attorney's fees as determined by 
the court. 
6. Attorney General attion. Whenever the Attorney General has reason to believe 
that a person in the State has engaged in or is engaging in activities that violate this 
section, the Attorney General may initiate an action in the Superior Court to enforce this 
section. 
Emergency clause. In view of the emergency cited in the preamble, this Act takes 
effect when approved. ' 
SUMMARY 
The amendment strikes language from the bill creating a new statutory section 
prohibiting the unauthorized practice of immigration or nationality law and replaces it 
with a new statutory section that authorizes nonlegal immigration and nationality law 
assistance in some instances. The amendment defines "federally authorized immigration 
representative" and "nonlegal immigration and nationality law assistance" as well as 
other terms. It prohibits certain activities of a provider of immigration and nationality 
law assistance. The amendment retains language in the bill that creates a civil violation 
and provides for civil penalties and remedies. The amendment also retains language from 
the bill that places restrictions on notaries, including notice and advertising requirements. 
It strikes language from the bill creating a new statutory section defming "immigration 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT -4 to H.P. 1398, L.D. 1996 
consultant" with authorizations to provide services. The amendment also requires the 
Attorney General to submit to the joint standing committee of the Legislature having 
jurisdiction over judiciary matters an annual report on investigations initiated relating to 
the unauthorized practice of immigration and nationality law. Finally, the amendment 
adds an emergency preamble and an emergency clause, which make the legislation take 
effect when approved. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/28/06 ..... ae 
LD 1996 
LR 3037(02) 
An Act To Prevent Unauthorized Practice of Immigration and Nationality Law 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
May increase the number of civil suits filed in the court system. 
Establishes new civil violations of the Maine Unfair Trade Practices Act. 
The collection of additional fines may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs associated with implementing this legislation can be absorbed by the Department of the Attorney 
General utilizing existing budgeted resources. 
LR3037(2) - Fiscal Note - Page 1 of 1