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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5797 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5797
To provide for punishments for immigration-related fraud, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 2023
Mr. Foster (for himself, Mr. McGovern, Ms. Omar, Ms. Meng, Mr.
Blumenauer, Mr. Cardenas, Mr. Quigley, Ms. Norton, Mr. Tonko, Mr.
Grijalva, Mr. Nadler, Mr. Panetta, Mr. Soto, Ms. Schakowsky, Mr.
Johnson of Georgia, Ms. Chu, Ms. Jayapal, Ms. Wasserman Schultz, and
Ms. Clarke of New York) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for punishments for immigration-related fraud, 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 ``Protecting Immigrants From Legal
Exploitation Act of 2023''.
SEC. 2. SCHEMES TO PROVIDE FRAUDULENT IMMIGRATION SERVICES.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1041. Schemes to provide fraudulent immigration services
``(a) In General.--Any person who knowingly or recklessly executes
a scheme or artifice, in connection with any matter that is authorized
by or arises under any Federal immigration law or any matter the
offender claims or represents is authorized by or arises under any
Federal immigration law, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value
from any person by means of false or fraudulent pretenses,
representations, or promises,
shall be fined under this title, imprisoned not more than 10 years, or
both.
``(b) Misrepresentation.--Any person who knowingly and falsely
represents that such person is an attorney or an accredited
representative (as that term is defined in section 1292.1 of title 8,
Code of Federal Regulations (or any successor regulation)) in any
matter arising under any Federal immigration law shall be fined under
this title, imprisoned not more than 15 years, or both.
``(c) Reimbursement.--Any person convicted of offenses under this
section must fully reimburse the client for any services that person
fraudulently provided.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end the following:
``1041. Schemes to provide fraudulent immigration services.''.
SEC. 3. COMBATING SCHEMES TO DEFRAUD ALIENS.
(a) Regulations, Forms, and Procedures.--The Secretary of Homeland
Security and the Attorney General, for matters within their respective
jurisdictions arising under the immigration laws, shall promulgate
appropriate regulations, forms, and procedures defining the
circumstances in which--
(1) persons submitting applications, petitions, motions, or
other written materials relating to immigration benefits or
relief from removal under the immigration laws will be required
to identify who (other than immediate family members) assisted
them in preparing or translating the immigration submissions;
and
(2) any person or persons who received compensation (other
than a normal fee for copying, mailing, or similar services) in
connection with the preparation, completion, or submission of
such materials will be required to sign the form as a preparer
and provide identifying information.
(b) Civil Injunctions Against Immigration Service Provider.--The
Attorney General may commence a civil action in the name of the United
States to enjoin any immigration service provider from further engaging
in any fraudulent conduct that substantially interferes with the proper
administration of the immigration laws or who willfully misrepresents
such provider's legal authority to provide representation before the
Department of Justice and the Department of Homeland Security.
(c) Definitions.--In this section:
(1) Immigration laws.--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)).
(2) Immigration service provider.--The term ``immigration
service provider'' means any individual or entity (other than
an attorney or individual otherwise authorized to provide
representation in immigration proceedings as provided in
Federal regulation) who, for a fee or other compensation,
provides any assistance or representation to aliens in relation
to any filing or proceeding relating to the alien which arises,
or which the provider claims to arise, under the immigration
laws, Executive order, or Presidential proclamation.
SEC. 4. RELIEF FOR VICTIMS OF NOTARIO FRAUD.
(a) In General.--An alien may withdraw, without prejudice, an
application or other submission for immigration status or other
immigration benefit if the alien submits information indicating the
application or submission was prepared or submitted by an individual
engaged in the unauthorized practice of law or immigration practitioner
fraud and attests that the alien had no prior knowledge the application
or submission was prepared or submitted by an individual engaged in the
unauthorized practice of law or immigration practitioner fraud.
(b) Corrected Filings.--The Secretary of Homeland Security, the
Secretary of State, and the Attorney General shall develop a procedure
for submitting corrected applications or other submissions withdrawn
under paragraph (1). The Secretary of Homeland Security, the Secretary
of State, and the Attorney General shall permit corrected applications
or other submissions to be resubmitted notwithstanding the numerical
and time limitations on the filing of the applications or other
submissions covered by this Act.
(c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as
amended by section 2315(a), is further amended by adding at the end the
following:
``(VII) Immigration practitioner
fraud.--Clause (i) shall not apply to
an alien if he can prove by a
preponderance of the evidence that he
departed the United States based on the
erroneous advice of an individual
engaged in the unauthorized practice of
law or immigration practitioner
fraud.''.
(d) Regulations Implementing Contempt Authority of Immigration
Judges.--Not later than 180 days after the date of enactment of this
Act, the Attorney General shall promulgate regulations implementing the
contempt authority for immigration judges provided by section 240(b)(1)
of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(1)). Such
regulations shall provide that any civil contempt sanctions including
any monetary penalty may be applicable to all parties appearing before
the immigration judge.
SEC. 5. OUTREACH TO IMMIGRANT COMMUNITIES.
(a) Authority To Conduct.--The Secretary of Homeland Security and
the Attorney General, acting through the Director of the Office for
Immigration Review, shall carry out a program to educate aliens
regarding who may provide legal services and representation to aliens
in immigration proceedings through cost-effective outreach to immigrant
communities.
(b) Purpose.--The purpose of the program authorized under
subsection (a) is to prevent aliens from being subjected to fraud by
individuals who are not authorized to provide legal services or
representation to aliens.
(c) Availability.--The Attorney General shall, to the extent
practicable, make publicly available information regarding fraud by
immigration consultants, visa consultants, and other individuals who
are not authorized to provide legal services or representation to
aliens available--
(1) at appropriate offices that provide services or
information to aliens; and
(2) through websites that are--
(A) maintained by the Attorney General; and
(B) intended to provide information regarding
immigration matters to aliens.
(d) Foreign Language Materials.--Any educational materials used to
carry out the program authorized under subsection (a) shall, to the
extent practicable, be made available to immigrant communities in
appropriate languages, including English and Spanish.
(e) Authorization of Appropriations.--
(1) Amounts authorized.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.
(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
SEC. 6. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary and the Attorney General shall
establish, within the U.S. Citizenship and Immigration Services and the
Executive Office for Immigration Review, respectively, programs to
award grants, on a competitive basis, to eligible nonprofit
organizations to provide direct legal services to aliens as described
in subsection (c).
(b) Eligible Nonprofit Organization.--The term ``eligible nonprofit
organization'' means a nonprofit, tax-exempt organization whose staff
has demonstrated qualifications, experience, and expertise in providing
quality services to immigrants, refugees, persons granted asylum, or
persons applying for such statuses.
(c) Use of Funds.--Grant funds awarded under this section shall be
used for the design and implementation of programs to provide direct
assistance, within the scope of authorized practice of law, to aliens
in removal proceedings and to aliens completing applications and
petitions, including providing assistance in obtaining necessary
documents and supporting evidence.
(d) Authorization of Appropriations.--
(1) Amounts authorized.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.
(2) Availability.--Any amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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