Law360: "House Bill Cracks Down On Fraudulent Immigration Attys"

Immigrants should always be wary of fraud and scams (as Protima herself found out) as well as non-lawyers, however well-intentioned, who offer legal advice (as Matt previously discussed). To help combat this danger two Republican congressmen have introduced a bill targeting fraud aimed especially at "Notarios" who claim to be able to help immigrants. The proposed law, called Protecting Immigrants from Legal Exploitation Act, would specifically target those individuals who not only exploit immigrants for money but who also may give incorrect and harmful legal advice.

Under this bill, introduced by Representatives Bill Foster and Ted Deutch, individuals convicted of misrepresenting themselves as immigration attorneys could face up to fifteen years in prison and fines and individuals could also face a ten-year prison sentence for fraudulent immigration services. "We must do more to stop these predators who are exploiting immigrants attempting to play by the rules," Representative Foster said.

Notarios are such a problem that the American Immigration Lawyers Association (AILA) has a website specifically dedicated to educating, informing, and trying to stop notario abuse. Often working in immigrant Latino communities (notario is a recognized title in many Spanish-speaking countries), notarios can "destroy the dreams of immigrants" by promising "low-cost, quick results for everything from citizenship to green card renewal, but often do not know immigration law. Even if they actually do the work they promise, such as file green card papers, they may do it incorrectly and cause permanent harm. In fact, many notarios are simply scam artists, taking their 'client’s' trust–and money–without ever delivering results."

US Citizenship & Immigration Services (USCIS) also has a warning about fraud relevant during tax season. USCIS urges immigrants to "be careful if a tax preparer offers to also help you prepare and file your immigration forms since these "businesses that prepare tax returns may not be authorized to assist you with immigration services." USCIS reminds immigrants that the only people authorized to give legal advice on immigration are licensed attorneys and representatives accredited by the Board of Immigration Appeals. USCIS has helpful information about avoiding legal scams; those who believe they have been a victim of a scam involving a tax preparer should make a report to the Federal Trade Commission.

UPDATE (April 2, 2015): New York City Mayor Bill de Blasio and New York State Attorney General Eric T. Schneiderman today announced the creation of a joint task force to combat immigration fraud in advance of the full implementation of President Obama's executive actions on immigration reform. This task force will focus on enforcement resources and a public awareness campaign to stop individuals from taking advantage of immigrants, focusing specifically, much like the proposed law discussed above, on "Notario" fraud and those providing unauthorized and fraudulent immigration services. The mayor said:

‘The president’s immigration reforms will initiate an economic, political and social transformation of our cities and our country, but unfortunately, this progress also brings new opportunities for criminals who prey on the most vulnerable among us...Our joint City-State anti-fraud task force will stop fraudsters in their tracks and provide a safe place for immigrant fraud victims to come forward. While New York is taking bold action, we are also working in collaboration with cities and states across the country to prevent fraud and protect families nationwide.’

The task force creation follows the recently passed New York State's Immigration Assistance Service Enforcement Act, which "establishes protections for immigrants who use the services of individuals or businesses that falsely represent themselves as certified legal advisors for citizenship and other issues." Attorney General Schneiderman, whose office was responsible last year for the establishment of a $2.2 million restitution fund for victims of two large immigration fraud schemes, said: “Together we are sending a powerful message that New York has zero tolerance for anyone who seeks to prey on immigrants and their families[.]”

USCIS to Begin Accepting Requests for Expanded DACA on February 18

Last November President Obama announced he was taking executive actions on immigration reform, after the House of Representatives failed to act on the immigration reform bill passed by the Senate in 2013. One of the president's initiatives involve expanding eligibility for the Deferred Action for Childhood Arrivals (DACA) program to applicants of any age who entered the US before the age of sixteen and who have lived in the US continuously since January 1, 2010, as well as extending the period of DACA and work authorization from two to three years.

US Citizenship & Immigration Services (USCIS) has just announced it will begin accepting applications for this expanded DACA program on February 18, 2015, only weeks away, even as the Republican-controlled Congress heads toward a showdown with Obama over funding for the Department of Homeland Security, the mother agency of USCIS.

Who is eligible for the expanded DACA program?
Individuals of any age with no lawful immigration status who entered the US before the age of sixteen and who have lived in the US continuously since at least January 1, 2010. Applicants must also meet schooling requirements as well as not being convicted of certain crimes or posing a national security threat.

How is this different than before?
The first DACA program announced in 2012 requires that applicants have continuously resided in the US since June 15, 2007, and that they were under thirty-one years of age on June 15, 2012. Additionally the initial DACA was granted only for a period of two years.

How to file?
USCIS lists all the requirements including what documentation is required along with the necessary forms, fees, and where to send the application.

Is an attorney needed to file the case?
Matt Bray has an excellent post regarding this question.

When can the DACA case be filed under the new requirements?
On and after February 18, 2015! 

What authorization is received with DACA?
If the application is approved, individuals will not be placed into removal proceedings or removed from the US for three years unless their DACA is terminated. In addition, they will be granted employment authorization. Travel authorization (advance parole) may also be granted in certain cases.

USCIS cautions those applying for DACA to be especially wary of immigration scams. They've published a list of helpful tips for before and after filing to avoid scams and ensure that their case has been properly received and is processing correctly. Applicants for DACA cases (and in general for immigration matters) should be especially wary of anyone calling them about their immigration case and claiming to be from USCIS or the government.

Although DACA is limited in that it only defers removal and does not provide permanent lawful status, this DACA expansion is good news for many undocumented immigrants including one of America's most well-known and visible undocumented immigrants: Pulitzer Prize-winning Filipino journalist Jose Antonio Vargas, who summarized DACA: “'This is not amnesty…It’s only temporary. It doesn’t provide a Green Card. It doesn’t provide citizenship. It doesn’t provide healthcare. It doesn’t provide anything really, except free from deportation, a work permit, people can drive, people can travel hopefully, and again just not to live in fear[.]”

UPDATE: US District Judge Andrew Hanen in Texas ruled late Monday, February 16, 2015 to temporarily block President Barack Obama's executive action on the expanded DACA program as well as the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program. Consequently contrary to their original plans discussed in this post USCIS will not be accepting applications February 18 for the expanded DACA program, and going forward until further notice for expanded DACA and DAPA. We will provide more updates as we receive them.