Immigration debate has attorneys on
alert for fraud
By Psyche Pascual
Staff Writer
Although Congress is still shaping a
workable immigration reform package, experts say communities are already seeing
signs of what could develop into a torrent of immigration fraud in California.
Lawmakers are still debating
legislation that would prevent people from coming to the United States illegally
and offer citizenship to some 11 million immigrants already living here without
authorization. But many fear that unscrupulous immigration consultants, who sometimes call themselves
notarios, are using the
hope of its passage to prey on immigrants seeking legal help. They urge lawyers
to be prepared.
“We’re already hearing these
anecdotal complaints that consumers are being asked to pay to get on a waiting
list so they can get to the front of the line,” said Rigo
Reyes, chief of investigations for Los Angeles County’s Department of Consumer
Affairs, which investigates complaints about notarios. Reyes was part of a group
of attorneys and law enforcement agencies that met at State Bar offices in Los
Angeles in March to discuss efforts to limit what could be a rising tide of
immigration fraud. Attorneys “may be
having to clean up the mess that somebody else creates.”
For decades, immigration consultants have
advertised their services as “notarios.” A “notario publico” is a Spanish term used in some Latin American countries to describe people who have received training that is similar or equivalent to a law license and can represent others in government proceedings. They bill themselves as experts in immigration, tax
preparation, family law and other matters. Under California law, notarios can help immigrants with translating
and submitting forms, but they can’t appear in court or give legal advice or they
could be prosecuted for the unauthorized practice of law.
But many have complained for years
that notarios illegally practice law. They often promise to get political
asylum or citizenship for clients who don’t qualify. Some even charge fees that
are higher than those of immigration lawyers. Since legislation was introduced
in Congress, many notarios have actually stepped up their activities, said Reid Trautz, director of
American Immigration Lawyers Association’s (AILA) practice and professionalism
center in Washington D.C.
In fact, on the day the bill was
introduced in the Capitol, Trautz said, “there
was a notary handing out flyers saying ‘Get in line and take advantage of the
new law’ even though the law hadn’t been passed. We know this is happening. We
hear from members this is growing in anticipation [of immigration reform].”
Trautz said attorneys who work with
immigrant clients can make sure they are ready for the scams to come. Here’s a
list of what they can do:
Learn about what notarios can and
can’t do. Under
California law, immigration consultants can help consumers fill out paperwork
by translating and submitting forms. They are required to give clients a
written contract, register and file a $50,000 bond with the Secretary of State. Anyone can check on an
immigration consultant’s bond online at http://www.sos.ca.gov/business/sf/bond_search/ or call 916-653-3984.
Stock up on information about
notarios and other types of immigration fraud for consumers and attorneys. Various organizations, including
California’s Office of the Attorney General, the U.S. Citizenship and Immigration Services (CIS), U.S. Federal Trade
Commission (FTC), AILA and the American Bar Association all have websites that
describe notario fraud and how to prevent it. Much of the material is on the web:
- The state Office of the Attorney General has information on immigration
consultants in seven languages on its website.
- The FTC also has information about immigration fraud on its
website, including a wallet-sized card detailing how to spot scams that target
immigrants.
- The CIS
website has
brochures and posters in 14 languages that describe immigration scams and can
be downloaded.
- The American Bar Association, as part of its “Fight Notario
Fraud” campaign has training materials, case law and other resources for
attorneys on its website.
- As part of its Stop Notario Fraud campaign, AILA has a list of state
immigration laws, lists of disciplined consultants on its website and state-by-state
definitions of the unauthorized practice of law.
Help consumers document and report immigration
fraud to the authorities. Authorities urge lawyers to help immigrants report scams,
particularly when they lose money. But many immigrants are afraid to report
fraud because they fear being deported. By acting as a go-between immigrants
and authorities, “attorneys can reassure them and help
them write a statement about the fraud,” said Reyes, the chief consumer affairs investigator with Los
Angeles County. “The authorities are willing to work with people no matter what
immigration status is.”
Once the person has written a
statement, complaints of immigration fraud can be filed with local district
attorneys’ offices or with the state Attorney General’s office through its online consumer complaint form. Complaints can also be filed with
the FTC by going to http://ftc.gov/complaint or calling 877-382-4357.
Be on the watch for those committing
fraud. Immigration
consultants are also required to post signs in their offices and in
advertisements stating they are not lawyers. But immigration experts said they
know of consultants who say they can do more.
“Once a week we’ll see some papers
that were poorly prepared or incorrect,” said Mary Beth Kaufman, a San
Francisco attorney and vice chairwoman of Northern California chapter of AILA.
In one recent case, a couple came to
Kaufman after losing money to notario who promised to file documents for
citizenship for the wife. After months of silence from the immigration
consultant, they finally demanded their paperwork back, but lost money. Yet
they never filed a complaint for fear of being deported. Kaufman now keeps
track of immigration consultants who have committed fraud, “so we know who they
are,” she said.