Voxxi - Legislation Would Protect Immigrants from Fraudulent "Notarios'

News Article

By Griselda Nevarez

Two Democratic congressmen are proposing legislation that would strengthen penalties for unscrupulous notarios (notaries) and protect immigrants who fall victim to their schemes.

Reps. Bill Foster (D-Ill.) and Ted Deutch (D-Fla.) introduced on Thursday the Protecting Immigrants from Legal Exploitation Act. The bill aims to punish notarios who mislead and take advantage of immigrants by providing them with fraudulent immigration legal services.

The legislation also provides relief for people exploited by notarios by giving them a chance to correct and resubmit application materials that were completed by these notarios or other individuals not authorized to practice law.

Furthermore, the bill allows individuals who have been deported a chance to reapply for lawful readmission if their deportation was due to erroneous advice or counsel of individuals not authorized to provide immigration legal services.

"This legislation helps protect immigrants from exploitation from these fraudulent notarios who are taking advantage of our broken immigration system," Foster said in a call with reporters Friday. "Not only do these notarios exploit immigrants for money, but their false services can, and many times have, resulted in well-meaning immigrants being deported because they didn't receive accurate information on the immigration process."

"As we continue to work to pass comprehensive immigration reform, we must take action to stop these predators who are exploiting immigrants attempting to play by the rules," he continued.

Bill would penalize fraudulent notarios

The term notario público is used in several Latin American countries to describe attorneys who have legal credentials. But U.S. Immigration and Customs Enforcement makes it clear that is not the case in the United States.

Here, notarios are people who are appointed by state governments "to witness the signing of important documents and administer oaths," according to USCIS. Though notarios are not authorized to provide any immigration legal services in the U.S., there are some who still do.

Deuthch told reporters Friday that there are currently no legal recourse for immigrants who are defrauded by notarios. But the Protecting Immigrants from Legal Exploitation Act would change that.

He said under the bill, individuals who "knowingly or recklessly" provide immigration legal services with the intent to "defraud" a person and obtain money from them would be subject to a fine or at least 10 years in prison.

The bill would also mandate that individuals who "knowingly and falsely" represent themselves as attorneys or accredited representatives would be subject to a fine or at least 15 years in prison.

In a letter that more than 30 organizations signed in support of Deuthch and Foster's bill, supporters stated:

"Without any repercussions for fraudulent practices, there are currently no deterrents for lying about professional qualifications or for engaging in schemes to defraud; as such, these fraudulent activities will continue unless there's legislative action."

They also stated that the bill would "grant a voice to those who live in fear of deportation for speaking out against abuse, thereby making it a necessary step in ensuring justice and fairness in our immigration system."

Bill is introduced at "a critical time'

Lisa Koop, associate director of legal services at the National Immigrant Justice Center, said the bill comes at "a critical time" when Congress is debating immigration reform. Her organization is one of the more than 30 groups that signed the letter in support of the Protecting Immigrants from Legal Exploitation Act.

"Whenever immigration reform is in the news, we later see an influx of people who were taken in by misinformation and false promises that they could obtain immigration status by paying a fee and submitting an application," Koop told reporters Friday. "Instead they find themselves in deportation proceedings because the fraudulent counsel damaged their cases."

Koop also pointed to a 2004 study by the Harvard Latino Law Review that found that nearly one in two asylum seekers and one in four Mexican-American immigrant households have fallen victim to fraudulent attorneys.

She said this problem has escalated in recent years, especially following last year's announcement of the Obama administration's deferred action program for undocumented youth.

VOXXI reported last year about a case involving Elias Bermudez, a notario who was not a licensed attorney nor accredited to provide immigration services. He was charged for illegally providing immigration services in New Mexico to undocumented youth applying for deferred action.

Mary Helen Reyna, an immigration attorney from Illinois, told reporter this sort of scam by notarios happens "all the time" and often in predominantly Latino neighborhoods.

"We see the notario signs and it seems harmless at first sight," she said. "But in fact, it is creating a lot of damage to a lot of immigrants who have potential to be granted some sort of immigration benefit."

Source