AB 60: Immigration services.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-06-17
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law prohibits an attorney from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law requires the State Bar to provide specified information relating to immigration reform act services on its Internet Web site.
This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period, to attain a lawful status under federal law or to otherwise remain in the country. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been issued. This bill would provide that it is unlawful for an attorney to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, or other future relief, as provided, under federal law. This bill would also provide that an advance payment of funds for immigration reform act services may be placed into a client trust account, as specified.
Existing law provides for the regulation of a person engaged in the business or acting in the capacity of an immigration consultant, and provides that a violation of these provisions is a crime. Existing law requires an immigration consultant to establish a client trust account and to deposit in this account any funds received from the client prior to performing immigration reform act services, as defined, for that client. Existing law prohibits an immigration consultant from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law prescribes civil penalties, not to exceed $1,000 per day for each violation, for immigration consultants who violate these provisions.
This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been issued. This bill would provide that it is unlawful for an immigration consultant to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, expanded Provisional Waivers of Unlawful Presence, or other future relief, as provided, under federal law.
Because a violation of these provisions by an immigration consultant would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law prohibits an attorney from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law requires the State Bar to provide specified information relating to immigration reform act services on its Internet Web site.
This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period, to attain a lawful status under federal law or to otherwise remain in the country. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been issued. This bill would provide that it is unlawful for an attorney to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, or other future relief, as provided, under federal law. This bill would also provide that an advance payment of funds for immigration reform act services may be placed into a client trust account, as specified.
Existing law provides for the regulation of a person engaged in the business or acting in the capacity of an immigration consultant, and provides that a violation of these provisions is a crime. Existing law requires an immigration consultant to establish a client trust account and to deposit in this account any funds received from the client prior to performing immigration reform act services, as defined, for that client. Existing law prohibits an immigration consultant from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law prescribes civil penalties, not to exceed $1,000 per day for each violation, for immigration consultants who violate these provisions.
This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been issued. This bill would provide that it is unlawful for an immigration consultant to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, expanded Provisional Waivers of Unlawful Presence, or other future relief, as provided, under federal law.
Because a violation of these provisions by an immigration consultant would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law prohibits an attorney from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law requires the State Bar to provide specified information relating to immigration reform act services on its Internet Web site.
This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period, to attain a lawful status under federal law. law or to otherwise remain in the country. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been issued. This bill would provide that it is unlawful for an attorney to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, expanded Provisional Waivers of Unlawful Presence, or other future relief, as provided, under federal law. This bill would also provide that an advance payment of funds for immigration reform act services may be placed into a client trust account, as specified.
Existing law provides for the regulation of a person engaged in the business or acting in the capacity of an immigration consultant, and provides that a violation of these provisions is a crime. Existing law requires an immigration consultant to establish a client trust account and to deposit in this account any funds received from the client prior to performing immigration reform act services, as defined, for that client. Existing law prohibits an immigration consultant from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law prescribes civil penalties, not to exceed $1,000 per day for each violation, for immigration consultants who violate these provisions.
This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been issued. This bill would provide that it is unlawful for an immigration consultant to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, expanded Provisional Waivers of Unlawful Presence, or other future relief, as provided, under federal law.
Because a violation of these provisions by an immigration consultant would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law prohibits an attorney from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law requires the State Bar to provide specified information relating to immigration reform act services on its Internet Web site.
This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been issued. This bill would provide that it is unlawful for an attorney to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, expanded Provisional Waivers of Unlawful Presence, or other future relief, as provided, under federal law.
Existing law provides for the regulation of a person engaged in the business or acting in the capacity of an immigration consultant, and provides that a violation of these provisions is a crime. Existing law requires an immigration consultant to establish a client trust account and to deposit in this account any funds received from the client prior to performing immigration reform act services, as defined, for that client. Existing law prohibits an immigration consultant from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law prescribes civil penalties, not to exceed $1,000 per day for each violation, for immigration consultants who violate these provisions.
This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been issued. This bill would provide that it is unlawful for an immigration consultant to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, expanded Provisional Waivers of Unlawful Presence, or other future relief, as provided, under federal law.
Because a violation of these provisions by an immigration consultant would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law prohibits an attorney from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law requires the State Bar to provide specified information relating to immigration reform act services on its Internet Web site.
This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been enacted issued. This bill would provide that it is unlawful to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, expanded Provisional Waivers of Unlawful Presence, or other future relief, as provided, under federal law.
Existing law provides for the regulation of a person engaged in the business or acting in the capacity of an immigration consultant, and provides that a violation of these provisions is a crime. Existing law requires an immigration consultant to establish a client trust account and to deposit in this account any funds received from the client prior to performing immigration reform act services, as defined, for that client. Existing law prohibits an immigration consultant from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law prescribes civil penalties, not to exceed $1,000 per day for each violation, for immigration consultants who violate these provisions.
This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been enacted issued. This bill would provide that it is unlawful to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, expanded Provisional Waivers of Unlawful Presence, or other future relief, as provided, under federal law.
Because a violation of these provisions by an immigration consultant would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law prohibits an attorney from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law requires the State Bar to provide specified information relating to immigration reform act services on its Internet Web site.
This bill would revise the definition of an immigration reform act to include Executive Order No. ____, issued by the President on ____, 2014, relating to immigration. any immigration reform act enacted after October 5, 2013, the Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been enacted. This bill would provide that it is unlawful to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, expanded Provisional Waivers of Unlawful Presence, or other future relief, as provided, under federal law.
Existing law provides for the regulation of a person engaged in the business or acting in the capacity of an immigration consultant, and provides that a violation of these provisions is a crime. Existing law requires an immigration consultant to establish a client trust account and to deposit in this account any funds received from the client prior to performing immigration reform act services, as defined, for that client. Existing law prohibits an immigration consultant from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law prescribes civil penalties, not to exceed $1,000 per day for each violation, for immigration consultants who violate these provisions.
This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. This bill would require the State Bar to announce and post on its Internet Web site when an executive action or order described above has been enacted. This bill would provide that it is unlawful to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, expanded Provisional Waivers of Unlawful Presence, or other future relief, as provided, under federal law.
Because a violation of these provisions by an immigration consultant would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law prohibits an attorney from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. Existing law requires the State Bar to provide specified information relating to immigration reform act services on its Internet Web site.
This bill would revise the definition of an immigration reform act to include Executive Order No. ____, issued by the President on ____, 2014, relating to immigration.
For purposes of this article, the following definitions apply:
(a)Immigration reform act means either of the following:
(1)Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an authorized period, to attain a lawful status under federal law or to otherwise remain in the country. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(2)The Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period pursuant to a visa, to attain a lawful status under federal law or to otherwise remain in the country. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(b)(1)Immigration reform act services means services offered in connection with an immigration reform act that are exclusively for the purpose of preparing an application and other related initial processes in order for an undocumented immigrant, who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period pursuant to a visa, to attain a lawful status under federal law or to otherwise remain in the country.
(2)Immigration reform act services do not include services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, including, but not limited to, assisting a client in preventing removal from the United States, preventing any other adverse action related to the ability to remain in the United States, including pending legal action, and achieving postconviction relief from prior criminal convictions.
SEC. 2.Section 6242 of the Business and Professions Code is amended to read:6242.(a)It is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
(1)An immigration reform act as defined in paragraph (1) of subdivision (a) of Section 6240, before the enactment of that act, when the relevant form or application is released or announced and is not subject to any pending legal action, or when the acceptance date of the relevant form or application has been announced, whichever is sooner.
(2)(A)Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(B)Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(C)Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
(b)Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds or placed into a client trust account, which must be returned or utilized under the provisions of the act amending this subdivision no later than January 20, 2017.
(c)(1)If an attorney providing immigration reform act services accepted funds for immigration reform act services prior to the effective date of this amendment to this section, and the services to be performed in connection with payment of those funds were rendered, the attorney shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered.
(2)(A)Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall be either refunded to the client or deposited in a client trust account.
(B)If an attorney deposits funds in a client trust account pursuant to this paragraph, he or she shall provide a written notice, in both English and the clients native language, informing the client of the following:
(i)That there are no benefits or relief available, and that no application for such benefits or relief may be processed, until enactment or implementation of an immigration reform act and the related necessary federal regulations or forms, and that, commencing with the effective date of this amendment to this section, it is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act.
(ii)That he or she may report complaints to the Executive Office for Immigration Review of the United States Department of Justice, to the State Bar of California, or to the bar of the court of any state, possession, territory, or commonwealth of the United States or of the District of Columbia where the attorney is admitted to practice law. The notice shall include the toll-free telephone numbers and Internet Web sites of those entities.
SEC. 3.Section 22442.5 of the Business and Professions Code is amended to read:22442.5.(a)An immigration consultant who provides immigration reform act services shall establish and deposit into a client trust account any funds received from a client prior to performing those services for that client.
(b)For purposes of this section, the following definitions apply:
(1)Immigration reform act means either of the following:
(A)Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(B)The Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(2)Immigration reform act services means services described in Section 22441 that are provided in connection with an immigration reform act.
(c)The immigration consultant providing immigration reform act services for the client may withdraw funds received from that client only in compliance with either of the following:
(1)After completing one or more of the itemized services described in paragraph (1) of subdivision (b) of Section 22442, and only in the amount identified as the cost of that service or those services pursuant to paragraph (2) of subdivision (b) of Section 22442.
(2)After completing one or more of the documents listed, and only in the amounts listed, pursuant to paragraph (4) of subdivision (b) of Section 22442.
SEC. 4.Section 22442.6 of the Business and Professions Code is amended to read:22442.6.(a)It is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
(1)An immigration reform act as defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 22442.5, before the enactment of that act.
(2)(A)Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(B)Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(C)Requests for Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the issuance and effective date of new guidelines and regulations for those provisional waivers.
(D)Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
(b)Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.
(c)(1)If an immigration consultant providing immigration reform act services accepted funds prior to the effective date of this amendment to this section, and the services provided in connection with payment of those funds were rendered, the consultant shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered.
(2)(A)Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall either be refunded to the client or shall be deposited in a client trust account pursuant to Section 22442.5.
(B)If an immigration consultant deposits funds in a client trust account pursuant to this paragraph, he or she shall comply with all applicable provisions of this chapter, including Section 22442, and shall provide to the client a written notice, in both English and in the clients native language, that there are no benefits or relief available, that no application for such benefits or relief may be processed until enactment or implementation of an immigration reform act and the related necessary federal regulations and forms, and that commencing with the effective date of this amendment to this section, it is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act.
(d)(1)In addition to the remedies and penalties prescribed in this chapter, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney.
(2)In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
(A)The nature and severity of the misconduct.
(B)The number of violations.
(C)The length of time over which the misconduct occurred, and the persistence of the misconduct.
(D)The willfulness of the misconduct.
(E)The defendants assets, liabilities, and net worth.
(3)If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
(4)The court shall grant a prevailing plaintiff reasonable attorneys fees and costs.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to implement measures as quickly as possible and as necessary to prevent fraud on immigrants by attorneys and other persons by making promises of benefits and relief under pending and proposed federal immigration reform acts before their enactment or before their relief and remedies become available, it is necessary that this act take effect immediately.
For purposes of this article, the following definitions apply:
(a)Immigration reform act means either of the following:
(1)Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an authorized period, to attain a lawful status under federal law or to otherwise remain in the country. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(2)The Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period pursuant to a visa, to attain a lawful status under federal law or to otherwise remain in the country. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(b)(1)Immigration reform act services means services offered in connection with an immigration reform act that are exclusively for the purpose of preparing an application and other related initial processes in order for an undocumented immigrant, who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period pursuant to a visa, to attain a lawful status under federal law or to otherwise remain in the country.
(2)Immigration reform act services do not include services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, including, but not limited to, assisting a client in preventing removal from the United States, preventing any other adverse action related to the ability to remain in the United States, including pending legal action, and achieving postconviction relief from prior criminal convictions.
SEC. 2.Section 6242 of the Business and Professions Code is amended to read:6242.(a)It is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
(1)An immigration reform act as defined in paragraph (1) of subdivision (a) of Section 6240, before the enactment of that act, when the relevant form or application is released or announced and is not subject to any pending legal action, or when the acceptance date of the relevant form or application has been announced, whichever is sooner.
(2)(A)Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(B)Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(C)Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
(b)Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds or placed into a client trust account, which must be returned or utilized under the provisions of the act amending this subdivision no later than January 20, 2017.
(c)(1)If an attorney providing immigration reform act services accepted funds for immigration reform act services prior to the effective date of this amendment to this section, and the services to be performed in connection with payment of those funds were rendered, the attorney shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered.
(2)(A)Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall be either refunded to the client or deposited in a client trust account.
(B)If an attorney deposits funds in a client trust account pursuant to this paragraph, he or she shall provide a written notice, in both English and the clients native language, informing the client of the following:
(i)That there are no benefits or relief available, and that no application for such benefits or relief may be processed, until enactment or implementation of an immigration reform act and the related necessary federal regulations or forms, and that, commencing with the effective date of this amendment to this section, it is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act.
(ii)That he or she may report complaints to the Executive Office for Immigration Review of the United States Department of Justice, to the State Bar of California, or to the bar of the court of any state, possession, territory, or commonwealth of the United States or of the District of Columbia where the attorney is admitted to practice law. The notice shall include the toll-free telephone numbers and Internet Web sites of those entities.
SEC. 3.Section 22442.5 of the Business and Professions Code is amended to read:22442.5.(a)An immigration consultant who provides immigration reform act services shall establish and deposit into a client trust account any funds received from a client prior to performing those services for that client.
(b)For purposes of this section, the following definitions apply:
(1)Immigration reform act means either of the following:
(A)Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(B)The Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(2)Immigration reform act services means services described in Section 22441 that are provided in connection with an immigration reform act.
(c)The immigration consultant providing immigration reform act services for the client may withdraw funds received from that client only in compliance with either of the following:
(1)After completing one or more of the itemized services described in paragraph (1) of subdivision (b) of Section 22442, and only in the amount identified as the cost of that service or those services pursuant to paragraph (2) of subdivision (b) of Section 22442.
(2)After completing one or more of the documents listed, and only in the amounts listed, pursuant to paragraph (4) of subdivision (b) of Section 22442.
SEC. 4.Section 22442.6 of the Business and Professions Code is amended to read:22442.6.(a)It is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
(1)An immigration reform act as defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 22442.5, before the enactment of that act.
(2)(A)Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(B)Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(C)Requests for Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the issuance and effective date of new guidelines and regulations for those provisional waivers.
(D)Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
(b)Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.
(c)(1)If an immigration consultant providing immigration reform act services accepted funds prior to the effective date of this amendment to this section, and the services provided in connection with payment of those funds were rendered, the consultant shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered.
(2)(A)Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall either be refunded to the client or shall be deposited in a client trust account pursuant to Section 22442.5.
(B)If an immigration consultant deposits funds in a client trust account pursuant to this paragraph, he or she shall comply with all applicable provisions of this chapter, including Section 22442, and shall provide to the client a written notice, in both English and in the clients native language, that there are no benefits or relief available, that no application for such benefits or relief may be processed until enactment or implementation of an immigration reform act and the related necessary federal regulations and forms, and that commencing with the effective date of this amendment to this section, it is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act.
(d)(1)In addition to the remedies and penalties prescribed in this chapter, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney.
(2)In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
(A)The nature and severity of the misconduct.
(B)The number of violations.
(C)The length of time over which the misconduct occurred, and the persistence of the misconduct.
(D)The willfulness of the misconduct.
(E)The defendants assets, liabilities, and net worth.
(3)If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
(4)The court shall grant a prevailing plaintiff reasonable attorneys fees and costs.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to implement measures as quickly as possible and as necessary to prevent fraud on immigrants by attorneys and other persons by making promises of benefits and relief under pending and proposed federal immigration reform acts before their enactment or before their relief and remedies become available, it is necessary that this act take effect immediately.
For purposes of this article, the following definitions apply:
(a)Immigration reform act means either of the following:
(1)Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an authorized period, to attain a lawful status under federal law. law or to otherwise remain in the country. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(2)The Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or inspection, who did not depart after the expiration of a nonimmigrant visa visa, or who stayed beyond an approved period pursuant to a visa, to attain a lawful status under federal law. law or to otherwise remain in the country. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(b)(1)Immigration reform act services means services offered in connection with an immigration reform act that are exclusively for the purpose of preparing an application and other related initial processes in order for an undocumented immigrant, who either entered the United States without inspection or inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period pursuant to a visa, to attain a lawful status under an immigration reform act. federal law or to otherwise remain in the country.
(2)Immigration reform act services do not include services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, such as including, but not limited to, assisting a client in preventing removal from the United States States, preventing any other adverse action related to the ability to remain in the United States, including pending legal action, and achieving postconviction relief from prior criminal convictions.
SEC. 2.Section 6242 of the Business and Professions Code is amended to read:6242.(a)It is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
(1)An immigration reform act as defined in paragraph (1) of subdivision (a) of Section 6240, before the enactment of that act. act, when the relevant form or application is released or announced and is not subject to any pending legal action, or when the acceptance date of the relevant form or application has been announced, whichever is sooner.
(2)(A)Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(B)Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(C)Requests for Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the issuance and effective date of new guidelines and regulations for those provisional waivers.
(D)
(C)Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
(b)Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds. funds or placed into a client trust account, which must be returned or utilized under the provisions of the act amending this subdivision no later than January 20, 2017.
(c)(1)If an attorney providing immigration reform act services accepted funds for immigration reform act services prior to the effective date of this amendment to this section, and the services to be performed in connection with payment of those funds were rendered, the attorney shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered.
(2)(A)Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall be either refunded to the client or deposited in a client trust account.
(B)If an attorney deposits funds in a client trust account pursuant to this paragraph, he or she shall provide a written notice, in both English and the clients native language, informing the client of the following:
(i)That there are no benefits or relief available, and that no application for such benefits or relief may be processed, until enactment or implementation of an immigration reform act and the related necessary federal regulations or forms, and that, commencing with the effective date of this amendment to this section, it is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act.
(ii)That he or she may report complaints to the Executive Office for Immigration Review of the United States Department of Justice, to the State Bar of California, or to the bar of the court of any state, possession, territory, or commonwealth of the United States or of the District of Columbia where the attorney is admitted to practice law. The notice shall include the toll-free telephone numbers and Internet Web sites of those entities.
SEC. 3.Section 22442.5 of the Business and Professions Code is amended to read:22442.5.(a)An immigration consultant who provides immigration reform act services shall establish and deposit into a client trust account any funds received from a client prior to performing those services for that client.
(b)For purposes of this section, the following definitions apply:
(1)Immigration reform act means either of the following:
(A)Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(B)The Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(2)Immigration reform act services means services described in Section 22441 that are provided in connection with an immigration reform act.
(c)The immigration consultant providing immigration reform act services for the client may withdraw funds received from that client only in compliance with either of the following:
(1)After completing one or more of the itemized services described in paragraph (1) of subdivision (b) of Section 22442, and only in the amount identified as the cost of that service or those services pursuant to paragraph (2) of subdivision (b) of Section 22442.
(2)After completing one or more of the documents listed, and only in the amounts listed, pursuant to paragraph (4) of subdivision (b) of Section 22442.
SEC. 4.Section 22442.6 of the Business and Professions Code is amended to read:22442.6.(a)It is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
(1)An immigration reform act as defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 22442.5, before the enactment of that act.
(2)(A)Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(B)Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(C)Requests for Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the issuance and effective date of new guidelines and regulations for those provisional waivers.
(D)Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
(b)Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.
(c)(1)If an immigration consultant providing immigration reform act services accepted funds prior to the effective date of this amendment to this section, and the services provided in connection with payment of those funds were rendered, the consultant shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered.
(2)(A)Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall either be refunded to the client or shall be deposited in a client trust account pursuant to Section 22442.5.
(B)If an immigration consultant deposits funds in a client trust account pursuant to this paragraph, he or she shall comply with all applicable provisions of this chapter, including Section 22442, and shall provide to the client a written notice, in both English and in the clients native language, that there are no benefits or relief available, that no application for such benefits or relief may be processed until enactment or implementation of an immigration reform act and the related necessary federal regulations and forms, and that commencing with the effective date of this amendment to this section, it is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act.
(d)(1)In addition to the remedies and penalties prescribed in this chapter, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney.
(2)In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
(A)The nature and severity of the misconduct.
(B)The number of violations.
(C)The length of time over which the misconduct occurred, and the persistence of the misconduct.
(D)The willfulness of the misconduct.
(E)The defendants assets, liabilities, and net worth.
(3)If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
(4)The court shall grant a prevailing plaintiff reasonable attorneys fees and costs.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to implement measures as quickly as possible and as necessary to prevent fraud on immigrants by attorneys and other persons by making promises of benefits and relief under pending and proposed federal immigration reform acts before their enactment or before their relief and remedies become available, it is necessary that this act take effect immediately.
For purposes of this article, the following definitions apply:
(a)Immigration reform act means either of the following:
(1)Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(2)The Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(b)(1)Immigration reform act services means services offered in connection with an immigration reform act that are necessary in the preparation of for the purpose of preparing an application and other related initial processes in order for an undocumented immigrant, who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under an immigration reform act.
(2)Immigration reform act services do not include legal services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, such as assisting a client in preventing removal from the United States and achieving postconviction relief from prior criminal convictions.
SEC. 2.Section 6242 of the Business and Professions Code is amended to read:6242.(a)It is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
(1)An immigration reform act as defined in paragraph (1) of subdivision (a) of Section 6240, before the enactment of that act.
(2)(A)Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(B)Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(C)Requests for Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the issuance and effective date of new guidelines and regulations for those provisional waivers.
(D)Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
(b)Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.
(c)(1)If an attorney providing immigration reform act services accepted funds for immigration reform act services prior to the effective date of this amendment to this section, and the services to be performed in connection with payment of those funds were rendered, the attorney shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered.
(2)(A)Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall be either refunded to the client or deposited in a client trust account.
(B)If an attorney deposits funds in a client trust account pursuant to this paragraph, he or she shall provide a written notice, in both English and the clients native language, informing the client of the following:
(i)That there are no benefits or relief available, and that no application for such benefits or relief may be processed, until enactment or implementation of an immigration reform act and the related necessary federal regulations or forms, and that, commencing with the effective date of this amendment to this section, it is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act.
(ii)That he or she may report complaints to the Executive Office for Immigration Review of the United States Department of Justice, to the State Bar of California, or to the bar of the court of any state, possession, territory, or commonwealth of the United States or of the District of Columbia where the attorney is admitted to practice law. The notice shall include the toll-free telephone numbers and Internet Web sites of those entities.
SEC. 3.Section 22442.5 of the Business and Professions Code is amended to read:22442.5.(a)An immigration consultant who provides immigration reform act services shall establish and deposit into a client trust account any funds received from a client prior to performing those services for that client.
(b)For purposes of this section, the following definitions apply:
(1)Immigration reform act means either of the following:
(A)Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(B)The Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(2)Immigration reform act services means services described in Section 22441 that are provided in connection with an immigration reform act.
(c)The immigration consultant providing immigration reform act services for the client may withdraw funds received from that client only in compliance with either of the following:
(1)After completing one or more of the itemized services described in paragraph (1) of subdivision (b) of Section 22442, and only in the amount identified as the cost of that service or those services pursuant to paragraph (2) of subdivision (b) of Section 22442.
(2)After completing one or more of the documents listed, and only in the amounts listed, pursuant to paragraph (4) of subdivision (b) of Section 22442.
SEC. 4.Section 22442.6 of the Business and Professions Code is amended to read:22442.6.(a)It is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
(1)An immigration reform act as defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 22442.5, before the enactment of that act.
(2)(A)Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(B)Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(C)Requests for Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the issuance and effective date of new guidelines and regulations for those provisional waivers.
(D)Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
(b)Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.
(c)(1)If an immigration consultant providing immigration reform act services accepted funds prior to the effective date of this amendment to this section, and the services provided in connection with payment of those funds were rendered, the consultant shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered.
(2)(A)Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall either be refunded to the client or shall be deposited in a client trust account pursuant to Section 22442.5.
(B)If an immigration consultant deposits funds in a client trust account pursuant to this paragraph, he or she shall comply with all applicable provisions of this chapter, including Section 22442, and shall provide to the client a written notice, in both English and in the clients native language, that there are no benefits or relief available, that no application for such benefits or relief may be processed until enactment or implementation of an immigration reform act and the related necessary federal regulations and forms, and that commencing with the effective date of this amendment to this section, it is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act.
(d)(1)In addition to the remedies and penalties prescribed in this chapter, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney.
(2)In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
(A)The nature and severity of the misconduct.
(B)The number of violations.
(C)The length of time over which the misconduct occurred, and the persistence of the misconduct.
(D)The willfulness of the misconduct.
(E)The defendants assets, liabilities, and net worth.
(3)If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
(4)The court shall grant a prevailing plaintiff reasonable attorneys fees and costs.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to implement measures as quickly as possible and as necessary to prevent fraud on immigrants by attorneys and other persons by making promises of benefits and relief under pending and proposed federal immigration reform acts before their enactment or before their relief and remedies become available, it is necessary that this act take effect immediately.
For purposes of this article, the following definitions apply:
(a)Immigration reform act means either of the following:
(1)Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(2)The Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(b)(1)Immigration reform act services means services offered in connection with an immigration reform act that are necessary in the preparation of an application and other related initial processes in order for an undocumented immigrant, who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under an immigration reform act.
(2)Immigration reform act services do not include legal services that have an independent value apart from the preparation of an immigration reform act and other related initial processes, such as assisting a client in preventing removal from the United States.
SEC. 2.Section 6242 of the Business and Professions Code is amended to read:6242.(a)It is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
(1)An immigration reform act as defined in paragraph (1) of subdivision (a) of Section 6240, before the enactment of that act.
(2)(A)Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(B)Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(C)Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the issuance and effective date of new guidelines and regulations for those provisional waivers.
(D)Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
(b)Any funds received after October 5, 2013, but before the enactment of an immigration reform act, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.
(b)Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.
(c)(1)If an attorney providing immigration reform act services accepted funds for immigration reform act services prior to October 5, 2013, the effective date of this amendment to this section, and the services to be performed in connection with payment of those funds were rendered, the attorney shall promptly, but no later than 30 days after October 5, 2013, the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered.
(2)(A)Any funds received before October 5, 2013, the effective date of this amendment to this section for which immigration reform act services were not rendered prior to October 5, 2013, the effective date of this amendment to this section shall be either refunded to the client or deposited in a client trust account.
(B)If an attorney deposits funds in a client trust account pursuant to this paragraph, he or she shall provide a written notice, in both English and the clients native language, informing the client of the following:
(i)That there are no benefits or relief available, and that no application for such benefits or relief may be processed, until enactment or implementation of an immigration reform act and the related necessary federal regulations or forms, and that, commencing with October 5, 2013, the effective date of this amendment to this section, it is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act.
(ii)That he or she may report complaints to the Executive Office for Immigration Review of the United States Department of Justice, to the State Bar of California, or to the bar of the court of any state, possession, territory, or commonwealth of the United States or of the District of Columbia where the attorney is admitted to practice law. The notice shall include the toll-free telephone numbers and Internet Web sites of those entities.
SEC. 3.Section 22442.5 of the Business and Professions Code is amended to read:22442.5.(a)An immigration consultant who provides immigration reform act services shall establish and deposit into a client trust account any funds received from a client prior to performing those services for that client.
(b)For purposes of this section, the following definitions apply:
(1)Immigration reform act means either of the following:
(A)Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(B)The Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(2)Immigration reform act services means services described in Section 22441 that are provided in connection with an immigration reform act.
(c)The immigration consultant providing immigration reform act services for the client may withdraw funds received from that client only in compliance with either of the following:
(1)After completing one or more of the itemized services described in paragraph (1) of subdivision (b) of Section 22442, and only in the amount identified as the cost of that service or those services pursuant to paragraph (2) of subdivision (b) of Section 22442.
(2)After completing one or more of the documents listed, and only in the amounts listed, pursuant to paragraph (4) of subdivision (b) of Section 22442.
SEC. 4.Section 22442.6 of the Business and Professions Code is amended to read:22442.6.(a)It is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
(1)An immigration reform act as defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 22442.5, before the enactment of that act.
(2)(A)Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(B)Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(C)Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the issuance and effective date of new guidelines and regulations for those provisional waivers.
(D)Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
(b)Any funds received after October 5, 2013, but before the enactment of an immigration reform act, as defined in subdivision (b) of Section 22442.5, shall be refunded to the client promptly, but no later than 30 days after receipt of any funds.
(b)Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.
(c)(1)If an immigration consultant providing immigration reform act services accepted funds prior to October 5, 2013, the effective date of this amendment to this section, and the services provided in connection with payment of those funds were rendered, the consultant shall promptly, but no later than 30 days after October 5, 2013, the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered.
(2)(A)Any funds received before October 5, 2013, the effective date of this amendment to this section for which immigration reform act services were not rendered prior to October 5, 2013, the effective date of this amendment to this section shall either be refunded to the client or shall be deposited in a client trust account pursuant to Section 22442.5.
(B)If an immigration consultant deposits funds in a client trust account pursuant to this paragraph, he or she shall comply with all applicable provisions of this chapter, including Section 22442, and shall provide to the client a written notice, in both English and in the clients native language, that there are no benefits or relief available, that no application for such benefits or relief may be processed until enactment or implementation of an immigration reform act and the related necessary federal regulations and forms, and that commencing with October 5, 2013, the effective date of this amendment to this section, it is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act.
(d)(1)In addition to the remedies and penalties prescribed in this chapter, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney.
(2)In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
(A)The nature and severity of the misconduct.
(B)The number of violations.
(C)The length of time over which the misconduct occurred, and the persistence of the misconduct.
(D)The willfulness of the misconduct.
(E)The defendants assets, liabilities, and net worth.
(3)If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
(4)The court shall grant a prevailing plaintiff reasonable attorneys fees and costs.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to implement measures as quickly as possible and as necessary to prevent fraud on immigrants by attorneys and other persons by making promises of benefits and relief under pending and proposed federal immigration reform acts before their enactment or before their relief and remedies become available, it is necessary that this act take effect immediately.
For purposes of this article, the following definitions apply:
(a)Immigration reform act means either of the following:
(1)Any pending or future act of Congress that is enacted after October 5, 2013, but before January 1, 2017, including, but not limited to, the federal act known as the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744, 2013), that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(2)Executive Order No. ____, issued by the President on ____, 2014, relating to immigration.
(2)The Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(b)Immigration reform act services means services offered in connection with an immigration reform act that are necessary in the preparation of an application and other related initial processes in order for an undocumented immigrant, who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under an immigration reform act.
SEC. 2.Section 6242 of the Business and Professions Code is amended to read:6242.(a)It is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment of an immigration reform act. in connection with any of the following:
(1)An immigration reform act as defined in paragraph (1) of subdivision (a) of Section 6240, before the enactment of that act.
(2)(A)Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(B)Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(C)Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the issuance and effective date of new guidelines and regulations for those provisional waivers.
(D)Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
(b)Any funds received after the effective date of this section, October 5, 2013, but before the enactment of an immigration reform act, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.
(c)(1)If an attorney providing immigration reform act services accepted funds for immigration reform act services prior to the effective date of this section, October 5, 2013, and the services to be performed in connection with payment of those funds were rendered, the attorney shall promptly, but no later than 30 days after the effective date of this section, October 5, 2013, provide the client with a statement of accounting describing the services rendered.
(2)(A)Any funds received before the effective date of this section October 5, 2013, for which immigration reform act services were not rendered prior to the effective date of this section, October 5, 2013, shall be either refunded to the client or deposited in a client trust account.
(B)If an attorney deposits funds in a client trust account pursuant to this paragraph, he or she shall provide a written notice, in both English and the clients native language, informing the client of the following:
(i)That there are no benefits or relief available, and that no application for such benefits or relief may be processed, until enactment of an immigration reform act and the related necessary federal regulations or forms, and that, commencing with the effective date of this section, October 5, 2013, it is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment of an immigration reform act.
(ii)That he or she may report complaints to the Executive Office for Immigration Review of the United States Department of Justice, to the State Bar of California, or to the bar of the court of any state, possession, territory, or commonwealth of the United States or of the District of Columbia where the attorney is admitted to practice law. The notice shall include the toll-free telephone numbers and Internet Web sites of those entities.
SEC. 3.Section 22442.5 of the Business and Professions Code is amended to read:22442.5.(a)An immigration consultant who provides immigration reform act services shall establish and deposit into a client trust account any funds received from a client prior to performing those services for that client.
(b)For purposes of this section, the following definitions apply:
(1)Immigration reform act means any pending or future act of Congress that is enacted after the effective date of this section but before January 1, 2017, including, but not limited to, the federal act known as the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744, 2013), that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted. either of the following:
(A)Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(B)The Presidents executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(2)Immigration reform act services means services described in Section 22441 that are provided in connection with an immigration reform act.
(c)The immigration consultant providing immigration reform act services for the client may withdraw funds received from that client only in compliance with either of the following:
(1)After completing one or more of the itemized services described in paragraph (1) of subdivision (b) of Section 22442, and only in the amount identified as the cost of that service or those services pursuant to paragraph (2) of subdivision (b) of Section 22442.
(2)After completing one or more of the documents listed, and only in the amounts listed, pursuant to paragraph (4) of subdivision (b) of Section 22442.
SEC. 4.Section 22442.6 of the Business and Professions Code is amended to read:22442.6.(a)It is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment of an immigration reform act, as defined in subdivision (b) of Section 22442.5. in connection with any of the following:
(1)An immigration reform act as defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 22442.5, before the enactment of that act.
(2)(A)Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(B)Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(C)Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the issuance and effective date of new guidelines and regulations for those provisional waivers.
(D)Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
(b)Any funds received after the effective date of this section, October 5, 2013, but before the enactment of an immigration reform act, as defined in subdivision (b) of Section 22442.5, shall be refunded to the client promptly, but no later than 30 days after receipt of any funds.
(c)(1)If an immigration consultant providing immigration reform act services accepted funds prior to the effective date of this section, October 5, 2013, and the services provided in connection with payment of those funds were rendered, the consultant shall promptly, but no later than 30 days after the effective date of this section, October 5, 2013, provide the client with a statement of accounting describing the services rendered.
(2)(A)Any funds received before the effective date of this section, October 5, 2013, for which immigration reform act services were not rendered prior to the effective date of this section, October 5, 2013, shall either be refunded to the client or shall be deposited in a client trust account pursuant to Section 22442.5.
(B)If an immigration consultant deposits funds in a client trust account pursuant to this paragraph, he or she shall comply with all applicable provisions of this chapter, including Section 22442, and shall provide to the client a written notice, in both English and in the clients native language, that there are no benefits or relief available, that no application for such benefits or relief may be processed until enactment of an immigration reform act and the related necessary federal regulations and forms, and that commencing with the effective date of this section, October 5, 2013, it is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment of an immigration reform act.
(d)(1)In addition to the remedies and penalties prescribed in this chapter, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney.
(2)In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
(A)The nature and severity of the misconduct.
(B)The number of violations.
(C)The length of time over which the misconduct occurred, and the persistence of the misconduct.
(D)The willfulness of the misconduct.
(E)The defendants assets, liabilities, and net worth.
(3)If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
(4)The court shall grant a prevailing plaintiff reasonable attorneys fees and costs.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
For purposes of this article, the following definitions apply:
(a)Immigration reform act means any pending or future act of Congress that is enacted after the effective date of this section but before January 1, 2017, including, but not limited to, the federal act known as the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744, 2013), that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted. means either of the following:
(1)Any pending or future act of Congress that is enacted after October 5, 2013, but before January 1, 2017, including, but not limited to, the federal act known as the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744, 2013), that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(2)Executive Order No. ____, issued by the President on ____, 2014, relating to immigration.
(b)Immigration reform act services means services offered in connection with an immigration reform act that are necessary in the preparation of an application and other related initial processes in order for an undocumented immigrant, who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under an immigration reform act.
|
Date
|
Status
|
|---|---|
| Apr 13, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 883.). |
| Jun 17, 2015 | Chaptered by Secretary of State - Chapter 6, Statutes of 2015. |
| Jun 17, 2015 | Approved by the Governor. |
| Jun 5, 2015 | Enrolled and presented to the Governor at 3:30 p.m. |
| Jun 2, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 1759.). |
| Jun 2, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| May 28, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1123.). |
| May 28, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. |
| May 28, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after May 30 pursuant to Assembly Rule 77. |
| May 26, 2015 | Read second time. Ordered to third reading. |
| May 22, 2015 | Read third time and amended. Ordered to second reading. |
| May 19, 2015 | Read second time. Ordered to third reading. |
| May 18, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| May 6, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (May 5). Re-referred to Com. on APPR. |
| Apr 27, 2015 | Referred to Com. on JUD. |
| Apr 13, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 77. Noes 0.). |
| Dec 10, 2014 | Introduced. To print. |
| Apr 13, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 9, 2015 | Ordered to third reading. |
| Apr 9, 2015 | From Consent Calendar. |
| Apr 6, 2015 | Read second time. Ordered to consent calendar. |
| Mar 26, 2015 | Read second time and amended. Ordered returned to second reading. |
| Mar 25, 2015 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 16. Noes 0.) (March 25). |
| Mar 23, 2015 | Re-referred to Com. on APPR. |
| Mar 19, 2015 | Read second time and amended. |
| Mar 18, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (March 17). |
| Mar 10, 2015 | Re-referred to Com. on JUD. |
| Mar 9, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Jan 22, 2015 | Referred to Com. on JUD. |
| Jan 5, 2015 | Read first time. |
| Dec 11, 2014 | From printer. May be heard in committee January 10. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 2, 2015 | AB 60 GONZALEZ Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| May 28, 2015 | Assembly 3rd Reading AB60 Gonzalez By Hill Urgency Clause | Senate Floor |
Passed |
|
| May 5, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 13, 2015 | AB 60 GONZALEZ Third Reading Urgency | Assembly Floor |
Passed |
|
| Mar 25, 2015 | Do pass as amended. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 17, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| AFSCME strike | ** Support | May 28, 2015 |
| American Immigration Lawyers Association, Southern California | * Against | Mar 17, 2015 |
| American Immigration Lawyers Association- Southern California Chapter | * Against | Mar 17, 2015 |
| Asian Americans Advancing Justice-LA | ** Support | May 28, 2015 |
| California Catholic Conference | ** Support | May 28, 2015 |
| California College And University Police Chiefs Association | * Support | Mar 17, 2015 |
| California Communities United Institute | ** Support | May 28, 2015 |
| California Labor Federation, Afl-Cio | ** Support | May 28, 2015 |
| City of Los Angeles Mayor Eric Garcetti | * Support | Mar 17, 2015 |
| Coalition for Humane Immigrant Rights of Los Angeles | ** Support | May 28, 2015 |
| Community Coalition | ** Support | May 28, 2015 |
| Consumer Attorneys Of California | ** Support | May 28, 2015 |
| JUD. | ** Against | Mar 17, 2015 |
| Los Angeles City Attorney Mike Feuer | ** Support | Mar 17, 2015 |
| Los Angeles City Attorneys Office | * Support | Mar 17, 2015 |
| Los Angeles Mayor Eric Garcetti | * Support | Mar 17, 2015 |
| Mike Feuer, Los Angeles City Attorney | ** Support | May 28, 2015 |
| Mujeres Unidas Y Activas | ** Support | May 28, 2015 |
| San Francisco Immigrant Rights Commission | ** Support | May 28, 2015 |
| strike Asian Americans Advancing Justice-LA | ** Support | May 28, 2015 |
| United Farm Workers | ** Support | May 28, 2015 |
| Vision y Compromiso | ** Support | May 28, 2015 |
AB 60
Page 5
CONCURRENCE IN SENATE AMENDMENTS
AB 60
(Gonzalez)
As Amended May 22, 2015
2/3 vote. Urgency
ASSEMBLY: |
77-0 |
(April 13, 2015) |
SENATE: |
37-0 |
May 28, 2015 |
Original Committee Reference: JUD.
SUMMARY:
Clarifies that existing protections against fraud related to immigration reform services apply when that immigration reform arises from executive action, in addition to congressional action. Specifically, this bill:
Revises the definition of an "immigration reform act" to include the President's executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an authorized period, to attain a lawful status under federal law or to otherwise remain in the country. Further requires the State Bar to announce and post on its Internet Web site when such an executive action or order has been issued.
Defines "immigration reform act services" to means services offered in connection with an immigration reform act that are for the purpose of preparing an application and other related initial processes in order for an undocumented immigrant, who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an authorized period, to attain a lawful status under federal law or to otherwise remain in the country.
Clarifies that "immigration reform act services" does not include services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, including but not limited to, assisting a client in preventing removal from the United States, preventing any other adverse action related to the ability to remain in the United States, including pending legal action, and achieving post-conviction relief from prior criminal convictions.
Prohibits attorneys and immigration consultants from demanding or accepting advance payment of any funds from a person for immigration reform act services in connection with any of the following:
Pending or future acts of Congress, enacted after October 5, 2013, as specified, before the enactment of such acts when the relevant form or application is released or announced and is not subject to any pending legal action, or when the acceptance date of the relevant form or application has been announced, whichever is sooner.
Requests for expanded Deferred Action for Childhood Arrivals (DACA) pursuant to an immigration reform act, as defined, before the date the United States Citizenship and Immigration Services begins accepting those requests.
Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) pursuant to an immigration reform act, as defined, before the date the United States Citizenship and Immigration Services begins accepting those requests.
Any relief offered under any executive action announced or executive order issued, on or after the effective date of this bill, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
Clarifies that any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds, or placed into a client trust account, which must be returned or utilized, as specified, no later than January 20, 2017.
Contains an urgency clause allowing the provisions of this bill to take effect immediately upon enactment.
The Senate amendments:
Revise the definition of "immigration reform act" and "immigration reform act services" to clarify that they apply to undocumented immigrants who may have stayed beyond an authorized period of remaining in the United States.
Clarify that "immigration reform act services" do not include services like preventing other adverse action related to the ability to remain in the United States.
Clarify the timing of the prohibition on advance payment for immigration reform act services arising from prospective Congressional enactment of legislation.
Delete the prohibition on advance payment for immigration reform act services with respect to requests for Expanded Provisional Waivers of Unlawful Presence.
Clarify that advance payment of funds for immigration reform act services received after October 5, 2013 but before enactment or implementation of the reform act itself shall, if not refunded to the client, be placed into a client trust account which then must be returned or utilized under this act, as specified, no later than January 20, 2017.
FISCAL EFFECT:
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
For several years, the Obama administration and Congressional Democrats and Republicans have been engaged in challenging political discussions over potentially sweeping changes to federal immigration law. While the outcome of that debate in Washington is far from certain, some individuals in California have apparently sought to charge immigrants for various legal and paralegal or quasi-legal services ("immigration reform act services") that cannot appropriately be performed prior to such reform taking place and some kind of relief actually being available.
According to the author and supporters, a large number of people are at risk of exploitation given the potential size of the immigrant pool that may be affected. Undocumented immigrants may be particularly vulnerable to abuse by unscrupulous businesses and individuals because of the risks they face in asserting their rights as consumers and victims of fraud or other wrongdoing. Like its predecessor, AB 1159 (Gonzalez), Chapter 574, Statutes of 2013, this bill seeks to protect immigrants seeking potential relief under prospective immigration reform from being charged fees for certain services before such relief can possibly be obtained pursuant to the relevant immigration reform act. This bill is specifically needed because AB 1159 was worded in a way that its protections only apply with respect to an "immigration reform act" that is "enacted," or in other words, the result of legislation passed by Congress and signed into law by the President.
In light of the recent immigration executive actions announced by President Obama on November 20, 2014, the author subsequently introduced this legislation to ensure that the same protections established by AB 1159 in 2013 shall apply to protect immigrants who may be targeted by those now offering services to obtain potential relief pursuant to the executive actions set forth by the President. To mitigate the need for follow-up legislation every time new federal immigration reform is proposed and corresponding immigration reform services are offered in anticipation, the bill also seeks to apply these protections to future immigration reform efforts, whether they arise from either legislation enacted by Congress, or executive action ordered by the President.
Background on Proposed Executive Actions. On November 20, 2014, President Obama announced a series of executive actions on immigration. According to the United States Citizenship and Immigration Services (USCIS), the primary agency responsible for implementing them, these initiatives include:
Expanding the population eligible for the DACA program to people of any current age who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.
Allowing parents of United States citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new DAPA program, provided they have lived in the United States continuously since January 1, 2010, and pass required background checks.
On December 10, 2014, this bill was introduced to further the objectives of AB 1159 and protect consumers seeking services in connection with the President's November 20th executive actions. On February 16, 2015, however, a federal court in Texas issued a preliminary injunction to temporarily prevent the federal government from implementing the DAPA and expanded DACA programs pursuant to the President's November 20th executive actions. USCIS had planned to begin accepting applications for the expanded DACA program on February 18, 2015, while the DAPA program was expected to begin taking applications sometime in May 2015. At the time of this analysis, the Department of Homeland Security was not accepting requests for either DAPA, or the expanded DACA programs, pending an appeal of the case. (See "Federal Court Halts DAPA and Expanded DACA Programs", Center for Migration Studies, 2/17/15, located at http://cmsny.org/federal-court-halts-dapa-and-expanded-daca-programs.)
Revised Definition of "Immigration Reform Act" and "Immigration Reform Act Services." Under existing law, an “immigration reform act” is defined as an act of Congress that is enacted after October 5, 2013, (the effective date of AB 1159) but before January 1, 2017, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain lawful status under federal law. In order to extend existing protections to immigration reform established by executive action, this bill redefines "immigration reform act" to explicitly include the President's November 20th executive actions on immigration as well as any future executive action or order that similarly authorizes a pathway to citizenship for undocumented immigrants.
Under the bill, immigration reform act services do not include legal services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, such as assisting a client in preventing removal from the United States, preventing any other adverse legal action related to the ability to remain in the United States, or achieving postconviction relief from prior criminal convictions. Importantly, this definition relates only to services regarding an immigration reform act and should not be implicated in the provision of lawful and appropriate preliminary or preparatory work for clients, such as obtaining records and documentation for use in applications or filings under any other immigration law or other law.
Restrictions on Advance Fees Before Any Immigration Reform Takes Effect. Under existing law enacted by AB 1159, attorneys and immigration consultants are prohibited from demanding any funds, or from accepting advance payment of any funds, for immigration reform act services prior to the enactment of an immigration reform act. It should be noted that the prohibition is directed at services for a fee; if no fee is charged, this law is not triggered. Under AB 1159, the reason for this prohibition appears to be plain: before proposed legislation has been signed into law, it is impossible to know who might be eligible and what steps would be needed to submit an application. This bill seeks to ensure that restrictions on advance fees apply to services offered in connection with prospective immigration reform arising either from legislation enacted by Congress (as is the case under existing law) or from executive action. In response to the President's November 20th executive actions, this bill specifically prohibits advance fees for services related to requests for relief under the expanded DACA program and the DAPA program before the date the USCIS begins accepting those requests. In addition, for any future executive action or order that similarly authorizes an undocumented immigrant to attain a lawful status, as specified, the bill would prohibit advance fees for such services before the executive action or order has been implemented and the relief is available.
Reform of Immigration Consultants Act. The Immigration Consultants Act (ICA) was enacted in 1986 to regulate activities of immigration consultants who perform a variety of services for persons who seek adjustment of their immigrant status at minimal cost. As described previously, AB 1159 prohibited not only lawyers but immigration consultants from demanding or accepting advance payment of any funds from a person for immigration reform act services before the reform is enacted. It also required consultants who provide immigration reform act services to deposit any funds received into a client trust account and only withdraw funds upon completing an itemized service or document. This bill revises the ICA to require immigration consultants to follow the same restrictions placed upon attorneys with respect to advance fee payments and required practices for depositing or refunding advance fees already collected. The bill revises the definitions of "immigration reform act" and "immigration reform act services" under the ICA to mirror those applied to immigration attorneys.
Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334 FN: 0000521
AB 60
Page 8
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 60
Amended: 5/22/15 in Senate
SENATE JUDICIARY COMMITTEE: 7-0, 5/5/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 4/13/15 - See last page for vote
DIGEST: This bill clarifies the existing prohibition on the advance payment of fees for immigration reform act services before the enactment of an immigration reform act, as specified, by expanding the definition of “immigration reform act” to include the President’s executive actions on immigration, as specified, and makes related conforming changes.
Senate Floor Amendments of 5/22/15 make clarifying and conforming changes; and add coauthors.
Existing law:
Requires all attorneys who practice law in California to be members of the State Bar of California (State Bar) and establishes the State Bar for the purpose of regulating the legal profession.
Provides that it is unlawful for an attorney to demand or accept advance payment of any funds from a person for immigration reform act services before the enactment of an immigration reform act. Any funds received after the effective date of the section, but, before the enactment of an immigration reform act, must be promptly refunded to the client, as specified.
Provides that:
if an attorney providing immigration reform act services accepted funds prior to the effective date of the section, and the services provided in connection with payment of those funds were rendered, the attorney shall promptly provide the client with a statement of accounting describing services rendered; and
any funds received before the effective date of the section for which immigration reform act services were not rendered prior to the effective date, shall be either refunded to the client or shall be deposited in a client trust account. If the attorney elects to deposit funds in a client trust account, he or she shall provide a specified written notice to the client, in English and the client’s native language.
Provides that when a contract for legal services is required to be in writing, as specified, an attorney providing immigration reform act services shall provide a written notice informing the client where he or she may report complaints, as specified.
Defines “immigration reform act” as any pending or future act of Congress that is enacted after the effective date, as specified, but before January 1, 2017, including but not limited to the “Border Security, Economic Opportunity, and Immigration Modernization Act” (Sen. No. 744, 2013), as specified, and requires the State Bar to announce and post on its Internet Web site when an immigration reform act has been enacted.
Defines “immigration reform act services” as services offered in connection with an immigration reform act that are necessary in the preparation of an application and other related initial processes in order for an undocumented immigrant, as specified, to attain lawful status under the immigration reform act.
Contains similar prohibitions with respect to immigration consultants.
This bill:
Revises the definition of “immigration reform act” by: (a) clarifying that it applies to any pending or future act of Congress that is enacted after October 5, 2013, as specified; and (b) expanding the definition to include the President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who entered into the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period pursuant to a visa, to attain lawful status under federal law or to otherwise remain in the country. The State Bar is required to announce and post on its Internet Web site when an executive action or order has been issued.
Clarifies that immigration reform act services do not include services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, as specified.
Provides that it is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
an immigration reform act, before the enactment of that act, as specified;
requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act before the date the United States Citizenship and Immigration Services (USCIS) begins accepting those requests;
requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act, before the date the USCIS begins accepting those requests;
any relief offered under any executive action announced or executive order issued, on or after the effective date of this bill, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain lawful status under federal law, before the executive action or order has been implemented and the relief is available.
Clarifies that advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of funds or placed into a client trust account, as specified.
Makes similar clarifying conforming changes with respect to immigration consultants.
Background
Under existing law, attorneys and immigration consultants are prohibited from demanding or accepting advance payment for immigration reform act services before the enactment of an “immigration reform act.” That restriction was enacted by AB 1159 (Gonzalez, Chapter 574, Statutes of 2013) to proactively address the fraud that was expected to occur as a result of the passage of the then-pending proposal for reform, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013. To tailor the bill to the issue raised by the pending reform, AB 1159 generally defined “immigration reform act” as any pending or future act of Congress, including, but not limited to, the Border Security, Economic Opportunity, and Immigration Modernization Act (Sen. No. 744, 113th Cong., 1st Sess. (2013).). While Sen. No. 744 passed the Senate on June 27, 2013, the House of Representatives never acted on the bill.
Subsequently, on November 20, 2014, President Obama announced a series of executive actions relating to immigration, including the following initiatives:
Expanding the population eligible for the DACA program to people of any current age who entered the U.S. before the age of 16 and lived in the U.S continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.
Allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new DAPA program, provided they have lived in the U.S. continuously since January 1, 2010, and pass required background checks.
Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.
Modernizing, improving, and clarifying immigrant and nonimmigrant visa programs to grow our economy and create jobs.
Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee. (U.S. Citizenship and Immigration Services, Executive Actions on Immigration (Apr. 15, 2015) <http://www.uscis.gov/ immigrationaction> [as of May 1, 2015].)
As the result of the issuance of a temporary injunction by a federal judge in Texas, the USCIS currently informs the public that: “Due to [the] order, USCIS will not begin accepting requests for the expansion of DACA on February 18[, 2015,] as originally planned and has suspended implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents. The court’s temporary injunction, issued February 16, does not affect the existing DACA. Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the original guidelines.”
To update the provisions of AB 1159 and reflect recent events, this bill seeks to apply the protections enacted by that bill to executive orders or actions, as specified, by expanding the definition of what constitutes an “immigration reform act.” This bill makes other clarifying changes consistent with the President’s executive actions and provides that immigration reform act services do not include services that have a value apart from the preparation of an application pursuant to an immigration reform act.
Comments
As stated by the author:
AB 60 will create consumer protection measures for people that are seeking legal assistance from immigration attorneys and consultants relating to the President’s executive actions announced on November 20, 2014. As of now, there is no formal application process for either the extended DACA or DAPA program.
However, unscrupulous attorneys are currently taking advantage of the uncertainty and future of the deferred action programs by continuing to provide legal assistance at the expense of vulnerable Californians.
AB 60 will prohibit immigration attorneys and consultants from performing immigration services directly related to executive actions announced by the President.
Prior Legislation
AB 1159 (Gonzalez, Chapter 574, Statutes of 2013) prohibits attorneys and immigration consultants from demanding or accepting advance payment for immigration reform act services before the enactment of an immigration reform act.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
Kamala Harris,
Attorney General of the State of California
AFSCME
California Catholic
Conference
California Communities United Institute
California
Labor Federation, AFL-CIO
Coalition for Humane Immigrant Rights
of Los Angeles
Community Coalition
Consumer Attorneys of
California
Eric Garcetti, Mayor of the City of Los Angeles
Mike
Feuer, Los Angeles City Attorney
Mujeres Unidas y Activas
San
Francisco Immigrant Rights Commission
SEIU
United Farm
Workers
Vision y Compromiso
OPPOSITION: (Verified 5/26/15)
American Immigration Lawyers Association - Northern California Chapter, Southern California Chapter, San Diego Chapter, and Santa Clara Valley Chapter
ARGUMENTS IN SUPPORT: The California Labor Federation, in support, notes that “[t]he California Legislature, by passing . . . AB 1159 (Gonzalez) last year, has worked to ensure that Californians are protected from immigration services fraud in the event that California passed an Immigration Reform Bill. However, current law does not protect Californians from fraud as it relates to Presidential executive action. Further, the United States Citizenship and Immigration Services (USCIS) has yet to finalize a formal process for implementation of the Executive Order. Despite that, there are ongoing practices by immigration attorneys, consultants, and con artists that prey on families’ hopes and uncertainties with the promise of providing relief under a federal process that does not even exist yet.” The Service Employees International Union (SEIU), in support, asserts that this bill will address the serious concerns that have been raised by law enforcement and the community as it pertains to potential immigration fraud, and, notes that “[t]here are approximately 1.6 million people in California that could potentially benefit from President Obama’s executive action. As a result of the President’s announcement, there has been an increase of eligible immigrants seeking immigration related services from attorneys and consultants. These services are being wrongly advertised as promises that they can get via an expedited process despite the fact that the [USCIS] has not even started to process applications.”
ARGUMENTS IN OPPOSITION: The Northern California Chapter, Southern California Chapter, San Diego Chapter, and Santa Clara Valley Chapter of the American Immigration Lawyers Association (AILA), in opposition, argue that AB 60 “inappropriately undermines the ability of well-trained attorneys to provide critical assistance to thousands of Californians.” AILA raises various concerns related to the ability to do preparatory work, repayment terms for fees already accepted, and that this bill will cause undue delay and misuses several immigration terms.
AILA notes that this bill is premised on the notion that preparatory work is unnecessary until an application process has been officially launched, and, asserts that, similar to AB 1159, a letter should be submitted to the Assembly Journal to “clearly allow [] attorneys to protect our clients by doing background checks and other work to assess eligibility for immigration relief, in order to clearly permit us to effectively represent the interests of our clients and their families.”
AILA further contends that the proposed starting dates to begin substantive work unduly delays accrual of benefits and puts clients at risk, and that attorneys should be permitted to prepare for expanded provisional waivers prior to implementing regulations.
ASSEMBLY FLOOR: 77-0, 4/13/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Harper, Obernolte, Ridley-Thomas
Prepared by: Benjamin Palmer / JUD. / (916) 651-4113
5/27/15 9:51:16
**** END ****
AB 60 (Gonzalez)
Page 9 of 9
Senator Hannah-Beth Jackson, Chair
2015 - 2016 Regular Session
AB 60 (Gonzalez)
Version: March 26, 2015
Hearing Date: May 5, 2015
Fiscal: Yes
Urgency: Yes
BCP:rm
SUBJECT
Immigration services
DESCRIPTION
Existing law prohibits an attorney from demanding or accepting the advance payment of any funds from a person before the enactment of an immigration reform act, as defined, that is enacted after October 5, 2013, and before January 1, 2017, and requires any funds received during a specified time to be refunded to the client promptly, but no later than 30 days after the receipt of any funds, as provided. This bill would revise the definition of an immigration reform act to include any immigration reform act enacted after October 5, 2013, the President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law.
This bill would provide that it is unlawful for an attorney to demand or accept the advance payment of any funds for immigration reform act services in connection with requests for expanded Deferred Action for Childhood Arrivals, requests for Deferred Action for Parents of Americans and Lawful Permanent Residents, expanded Provisional Waivers of Unlawful Presence, or other future relief, as provided, under federal law.
This bill would make similar changes with respect to immigration consultants.
BACKGROUND
Under existing law, attorneys and immigration consultants are prohibited from demanding or accepting advance payment for immigration reform act services before the enactment of an “immigration reform act.” That restriction was enacted by AB 1159 (Gonzalez, Chapter 574, Statutes of 2013) to proactively address the fraud that was expected to occur as a result of the passage of the then-pending proposal for reform, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013. To tailor the bill to the issue raised by the pending reform, AB 1159 generally defined “immigration reform act” as any pending or future act of Congress, including, but not limited to, the Border Security, Economic Opportunity, and Immigration Modernization Act (Sen. No. 744, 113th Cong., 1st Sess. (2013).). While Sen. No. 744 passed the Senate on June 27, 2013, the House of Representatives never acted on the bill.
Subsequently, on November 20, 2014, President Obama announced a series of executive actions relating to immigration, including the following initiatives:
Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to people of any current age who entered the United States before the age of 16 and lived in the United States (U.S.) continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.
Allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new Deferred Action for Parents of Americans and Lawful Permanent Residents program, provided they have lived in the U.S. continuously since January 1, 2010, and pass required background checks.
Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.
Modernizing, improving and clarifying immigrant and nonimmigrant visa programs to grow our economy and create jobs.
Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee. (U.S. Citizenship and Immigration Services, Executive Actions on Immigration (Apr. 15, 2015) <http://www.uscis.gov/ immigrationaction> [as of May 1, 2015].)
As the result of the issuance of a temporary injunction by a federal judge in Texas, the U.S. Citizenship and Immigration Services (USCIS) currently informs the public that: “Due to [the] order, USCIS will not begin accepting requests for the expansion of DACA on February 18[, 2015,] as originally planned and has suspended implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents. The court’s temporary injunction, issued February 16, does not affect the existing DACA. Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the original guidelines.”
To update the provisions of AB 1159 and reflect recent events, this bill seeks to apply the protections enacted by that bill to executive orders or actions, as specified, by expanding the definition of what constitutes an “immigration reform act.” This bill would make other clarifying changes consistent with the President’s executive actions and provide that immigration reform act services do not include services that have a value apart from the preparation of an application pursuant to an immigration reform act.
CHANGES TO EXISTING LAW
1. Existing law requires all attorneys who practice law in California to be members of the State Bar of California (State Bar) and establishes the State Bar for the purpose of regulating the legal profession. (Bus. & Prof. Code Sec. 6000 et seq.)
Existing law provides that it is unlawful for an attorney to demand or accept advance payment of any funds from a person for immigration reform act services before the enactment of an immigration reform act. Any funds received after the effective date of the section, but, before the enactment of an immigration reform act, must be promptly refunded to the client, as specified. (Bus. & Prof. Code Sec. 6242(a).)
Existing law further provides that:
if an attorney providing immigration reform act services accepted funds prior to the effective date of the section, and the services provided in connection with payment of those funds were rendered, the attorney shall promptly provide the client with a statement of accounting describing services rendered; and
any funds received before the effective date of the section for which immigration reform act services were not rendered prior to the effective date, shall be either refunded to the client or shall be deposited in a client trust account. If the attorney elects to deposit funds in a client trust account, he or she shall provide a specified written notice to the client, in English and the client’s native language. (Bus. & Prof. Code Sec. 6242(b).)
Existing law provides that when a contract for legal services is required to be in writing, as specified, an attorney providing immigration reform act services shall provide a written notice informing the client where he or she may report complaints, as specified. (Bus. & Prof. Code Sec. 6243.)
Existing law defines “immigration reform act” as any pending or future act of Congress that is enacted after the effective date, as specified, but before January 1, 2017, including but not limited to the “Border Security, Economic Opportunity, and Immigration Modernization Act” (Sen. No. 744, 2013), as specified. (Bus. & Prof. Code Sec. 6240.) Existing law further requires the State Bar to announce and post on its Internet Web site when an immigration reform act has been enacted. (Id.)
Existing law defines “immigration reform act services” as services offered in connection with an immigration reform act that are necessary in the preparation of an application and other related initial processes in order for an undocumented immigrant, as specified, to attain lawful status under the immigration reform act. (Bus. & Prof. Code Sec. 6240.)
This bill would revise the definition of “immigration reform act” by: (1) clarifying that it applies to any pending or future act of Congress that is enacted after October 5, 2013; and (2) expanding the definition to include the President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered into the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain lawful status under federal law. The State Bar would be required to announce and post on its Internet Web site when an executive action or order has been issued.
This bill would clarify that immigration reform act services do not include services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, as specified.
This bill would provide that it is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act before the date the United States Citizenship and Immigration Services (USCIS) begins accepting those requests;
requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act, before the date the USCIS begins accepting those requests;
requests for Expanded Provisional Waivers of Unlawful Presence under an immigration reform act, before the issuance and effective date of the new guidelines and regulations for those provisional waivers; and
any relief offered under any executive action announced or executive order issued, on or after the effective date of this bill, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain lawful status under federal law, before the executive action or order has been implemented and the relief is available.
This bill would clarify that advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of funds.
2. Existing law, the Immigration Consultants Act (ICA), regulates the activities of immigration consultants by requiring them to pass a background check conducted by the Secretary of State (SOS), file a $100,000 bond with the SOS, to comply with specified notice requirements, and to provide clients with written contracts in their native language, as specified. (Bus. & Prof. Code Sec. 22440 et seq.)
Existing law requires an immigration consultant who provides immigration reform act services to establish and deposit into a client trust account any funds received from a client prior to performing those services, and, provides that it is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services, as specified. (Bus. & Prof. Code Sec. 22442.5.)
This bill would, consistent with the changes described above: (1) update the definition of “immigration reform act” to include the President’s executive actions on immigration, or other future actions or orders, as specified; and (2) additionally prohibit an immigration consultant from demanding or accepting funds in connection with request for expanded DACA, DAPA, or Expanded Provisional Waivers of Unlawful Presence under an immigration reform act, as specified, and, any additional relief under an executive order or action that authorizes an undocumented immigrant to attain lawful status, as specified.
This bill would make other clarifying and conforming changes with respect to immigration consultants.
COMMENT
1. Stated need for the bill
According to the author:
AB 60 will create consumer protection measures for people that are seeking legal assistance from immigration attorneys and consultants relating to the President’s executive actions announced on November 20, 2014. As of now, there is no formal application process for either the extended DACA or DAPA program.
However, unscrupulous attorneys are currently taking advantage of the uncertainty and future of the deferred action programs by continuing to provide legal assistance at the expense of vulnerable Californians.
AB 60 will prohibit immigration attorneys and consultants from performing immigration services directly related to executive actions announced by the President.
2. Applying provisions of AB 1159 to executive orders or actions
As noted above, the provisions of AB 1159 (Gonzalez, Chapter 574, Statutes of 2013), which placed restrictions on attorneys who offer immigration reform act services, are limited by the definition of “immigration reform act services.” Those restrictions, among other things, prohibited attorneys from demanding or accepting the advance payment of any funds from a person for immigration reform act services before the enactment of an “immigration reform act” and required an attorney who provides immigration reform act services to provide a written notice informing the client where he or she may report complaints, provided that the contract for legal services is required to be in writing. In light of the President’s executive actions on immigration announced on November 20, 2014, this bill now seeks to include those executive actions within the definition of “immigration reform act,” as well as any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. To ensure that the public is aware of when a qualifying executive action or order has been issued, the State Bar would be required to announce and post that fact on its Internet Web site.
The California Labor Federation, in support, notes that “[t]he California Legislature, by passing . . . AB 1159 (Gonzalez) last year, has worked to ensure that Californians are protected from immigration services fraud in the event that California passed an Immigration Reform Bill. However, current law does not protect Californians from fraud as it relates to Presidential executive action. Further, the United States Citizenship and Immigration Services (USCIS) has yet to finalize a formal process for implementation of the Executive Order. Despite that, there are ongoing practices by immigration attorneys, consultants, and con artists that prey on families’ hopes and uncertainties with the promise of providing relief under a federal process that does not even exist yet.” The Service Employees International Union (SEIU), in support, asserts that this bill will address the serious concerns that have been raised by law enforcement and the community as it pertains to potential immigration fraud, and, notes that “[t]here are approximately 1.6 million people in California that could potentially benefit from President Obama’s executive action. As a result of the President’s announcement, there has been an increase of eligible immigrants seeking immigration related services from attorneys and consultants. These services are being wrongly advertised as promises that they can get via an expedited process despite the fact that the [USCIS] has not even started to process applications.”
It should be noted that, in addition to modifying the definition of immigration reform act, this bill would modify the existing provision that prohibits attorneys from demanding or accepting advance payment of any funds from a person for reform act services before the enactment of an immigration reform act by additionally prohibiting advance fees for: (1) requests for expanded DACA, or DAPA, under an immigration reform act, before USCIS begins accepting those requests; (2) requests for Expanded Provisional Waivers of Unlawful Presence under an immigration reform act before the issuance and effective date of new guidelines and regulations for those provisional waivers; and (3) any relief offered under an executive order or action that authorizes an undocumented immigrant to attain lawful status, as specified, before the action or order has been implemented and the relief is available. Staff notes that those categories generally track the scope of the President’s executive actions and appear to include future executive actions on immigration.
3. Opposition concerns
The Northern California Chapter, Southern California Chapter, San Diego Chapter, and Santa Clara Valley Chapter of the American Immigration Lawyers Association (AILA), in opposition, argue that AB 60 “inappropriately undermines the ability of well-trained attorneys to provide critical assistance to thousands of Californians.” AILA raises various concerns related to the ability to do preparatory work, repayment terms for fees already accepted, and that the bill will cause undue delay and misuses several immigration terms.
Specifically, AILA notes that this bill is premised on the notion that preparatory work is unnecessary until an application process has been officially launched; however, AILA notes that the USCIS Web site states: “While USCIS is not accepting requests or applications at this time, if you believe you may be eligible for one of the initiatives listed above, you can prepare by gathering documents that establish factors such as your: Identity; Relationship to a U.S. citizen or lawful permanent resident, if necessary; and Continuous residence in the United States over the last five years or more.” (USCIS, Executive Actions on Immigration (Apr. 15, 2015) <http://www.uscis.gov/ immigrationaction> [as of May 1, 2015].) In addition to that statement, it should also be noted that the USCIS Web site also states: “Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam.” Furthermore, the author notes that amendments were previously accepted in the Assembly that sought to address the issue of preparatory work by clarifying that “immigration reform act services” do not include services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes. Despite that language, AILA asserts that, similar to AB 1159, a letter should be submitted to the Assembly Journal to “clearly allow [] attorneys to protect our clients by doing background checks and other work to assess eligibility for immigration relief, in order to clearly permit us to effectively represent the interests of our clients and their families.”
AILA further objects to applying the repayment provisions of existing law to any fees already accepted for work under the President’s November 20, 2014, executive orders. Staff notes that, pursuant to AB 1159, attorneys may not accept advance fees for immigration reform act services before the enactment of an immigration reform act. Similarly, advance fees received before the enactment of AB 1159 for which services were not rendered must either be refunded to the client or deposited in a client trust account. As a result of expanding the provisions of AB 1159 to apply to the November 20, 2014, executive orders, the provision restricting advance fees would now apply to advance fees that have been collected by immigration attorneys in connection with those executive orders. In explaining their concerns with that expansion, AILA contends that the USCIS has provided consistent and meaningful context for the expanded DACA and DAPA programs, that the framework has allowed experienced attorneys to begin critical preparation, and that refunding fees to clients would not afford any added protection to these individuals.
Lastly, AILA contends that the proposed starting dates to begin substantive work unduly delays accrual of benefits and puts clients at risk, that attorneys should be permitted to prepare for expanded provisional waivers prior to implementing regulations, and that the bill is overly broad because it misuses several immigration terms. Notably, much of the concerns raised by AILA appear connected to the ability to do preparatory work and whether the bill’s language expressly allowing services that have an “independent value” would provide sufficient flexibility – for example, AILA states “it is unclear whether filing an immigrant visa petition in anticipation of an expanded provisional waiver application would be prohibited.”
4. Immigration consultant provisions similarly updated
As noted above, AB 1159 added similar prohibitions on advance fees that applied to both attorneys and immigration consultants. Accordingly, this bill would similarly update the definition of “immigration reform act” as it applies to the prohibition on immigration consultants receiving advance fees for immigration reform act services. The bill would also make conforming changes to specifically prohibit immigration consultants from accepting advance fees in connection with requests for expanded DACA, DAPA, Expanded Provision Waivers of Unlawful Presence, and any relief offered under any executive action or order authorizing an undocumented immigrant to attain lawful status, before the action or order has been implemented and the relief is available.
Support: American Federation of State, County and Municipal Employees (AFSCME); Asian Americans Advancing Justice-LA; California Catholic Conference; California Communities United Institute; California Labor Federation, AFL-CIO; Coalition for Humane Immigrant Rights of Los Angeles; Community Coalition; Consumer Attorneys of California; Eric Garcetti, Mayor of the City of Los Angeles; Mike Feuer, Los Angeles City Attorney; Mujeres Unidas y Activas; United Farm Workers; San Francisco Immigrant Rights Commission; Service Employees International Union (SEIU); Vision y Compromiso
Opposition: Northern California Chapter, Southern California Chapter, San Diego Chapter, and Santa Clara Valley Chapter of the American Immigration Lawyers Association
HISTORY
Source: Author
Related Pending Legislation: None Known
Prior Legislation: AB 1159 (Gonzalez, Chapter 574, Statutes of 2013) See Background.
Prior Vote:
Assembly Floor (Ayes 77, Noes 0)
Assembly Appropriations Committee (Ayes 16, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
**************
AB 60
Page 8
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 60
Amended: 3/26/15 in Assembly
SENATE JUDICIARY COMMITTEE: 7-0, 5/5/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 4/13/15 - See last page for vote
DIGEST: This bill clarifies the existing prohibition on the advance payment of fees for immigration reform act services before the enactment of an immigration reform act, as specified, by expanding the definition of “immigration reform act” to include the President’s executive actions on immigration, as specified, and makes related conforming changes.
Existing law:
Requires all attorneys who practice law in California to be members of the State Bar of California (State Bar) and establishes the State Bar for the purpose of regulating the legal profession.
Provides that it is unlawful for an attorney to demand or accept advance payment of any funds from a person for immigration reform act services before the enactment of an immigration reform act. Any funds received after the effective date of the section, but, before the enactment of an immigration reform act, must be promptly refunded to the client, as specified.
Provides that:
if an attorney providing immigration reform act services accepted funds prior to the effective date of the section, and the services provided in connection with payment of those funds were rendered, the attorney shall promptly provide the client with a statement of accounting describing services rendered; and
any funds received before the effective date of the section for which immigration reform act services were not rendered prior to the effective date, shall be either refunded to the client or shall be deposited in a client trust account. If the attorney elects to deposit funds in a client trust account, he or she shall provide a specified written notice to the client, in English and the client’s native language.
Provides that when a contract for legal services is required to be in writing, as specified, an attorney providing immigration reform act services shall provide a written notice informing the client where he or she may report complaints, as specified.
Defines “immigration reform act” as any pending or future act of Congress that is enacted after the effective date, as specified, but before January 1, 2017, including but not limited to the “Border Security, Economic Opportunity, and Immigration Modernization Act” (Sen. No. 744, 2013), as specified, and requires the State Bar to announce and post on its Internet Web site when an immigration reform act has been enacted.
Defines “immigration reform act services” as services offered in connection with an immigration reform act that are necessary in the preparation of an application and other related initial processes in order for an undocumented immigrant, as specified, to attain lawful status under the immigration reform act.
Contains similar prohibitions with respect to immigration consultants.
This bill:
Revises the definition of “immigration reform act” by: (a) clarifying that it applies to any pending or future act of Congress that is enacted after October 5, 2013; and (b) expanding the definition to include the President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered into the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain lawful status under federal law. The State Bar would be required to announce and post on its Internet Web site when an executive action or order has been issued.
Clarifies that immigration reform act services do not include services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, as specified.
Provides that it is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act before the date the United States Citizenship and Immigration Services (USCIS) begins accepting those requests;
requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act, before the date the USCIS begins accepting those requests;
requests for Expanded Provisional Waivers of Unlawful Presence under an immigration reform act, before the issuance and effective date of the new guidelines and regulations for those provisional waivers; and
any relief offered under any executive action announced or executive order issued, on or after the effective date of this bill, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain lawful status under federal law, before the executive action or order has been implemented and the relief is available.
Clarifies that advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of funds.
Makes similar clarifying conforming changes with respect to immigration consultants.
Background
Under existing law, attorneys and immigration consultants are prohibited from demanding or accepting advance payment for immigration reform act services before the enactment of an “immigration reform act.” That restriction was enacted by AB 1159 (Gonzalez, Chapter 574, Statutes of 2013) to proactively address the fraud that was expected to occur as a result of the passage of the then-pending proposal for reform, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013. To tailor the bill to the issue raised by the pending reform, AB 1159 generally defined “immigration reform act” as any pending or future act of Congress, including, but not limited to, the Border Security, Economic Opportunity, and Immigration Modernization Act (Sen. No. 744, 113th Cong., 1st Sess. (2013).). While Sen. No. 744 passed the Senate on June 27, 2013, the House of Representatives never acted on the bill.
Subsequently, on November 20, 2014, President Obama announced a series of executive actions relating to immigration, including the following initiatives:
Expanding the population eligible for the DACA program to people of any current age who entered the U.S. before the age of 16 and lived in the U.S.
Allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new DAPA program, provided they have lived in the U.S. continuously since January 1, 2010, and pass required background checks.
Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.
Modernizing, improving, and clarifying immigrant and nonimmigrant visa programs to grow our economy and create jobs.
Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee. (U.S. Citizenship and Immigration Services, Executive Actions on Immigration (Apr. 15, 2015) <http://www.uscis.gov/ immigrationaction> [as of May 1, 2015].)
As the result of the issuance of a temporary injunction by a federal judge in Texas, the USCIS currently informs the public that: “Due to [the] order, USCIS will not begin accepting requests for the expansion of DACA on February 18[, 2015,] as originally planned and has suspended implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents. The court’s temporary injunction, issued February 16, does not affect the existing DACA. Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the original guidelines.”
To update the provisions of AB 1159 and reflect recent events, this bill seeks to apply the protections enacted by that bill to executive orders or actions, as specified, by expanding the definition of what constitutes an “immigration reform act.” This bill makes other clarifying changes consistent with the President’s executive actions and provides that immigration reform act services do not include services that have a value apart from the preparation of an application pursuant to an immigration reform act.
Comments
As stated by the author:
AB 60 will create consumer protection measures for people that are seeking legal assistance from immigration attorneys and consultants relating to the President’s executive actions announced on November 20, 2014. As of now, there is no formal application process for either the extended DACA or DAPA program.
However, unscrupulous attorneys are currently taking advantage of the uncertainty and future of the deferred action programs by continuing to provide legal assistance at the expense of vulnerable Californians.
AB 60 will prohibit immigration attorneys and consultants from performing immigration services directly related to executive actions announced by the President.
Prior Legislation
AB 1159 (Gonzalez, Chapter 574, Statutes of 2013) prohibits attorneys and immigration consultants from demanding or accepting advance payment for immigration reform act services before the enactment of an immigration reform act.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
Kamala Harris, Attorney General of the State of
California
AFSCME
Asian Americans Advancing
Justice-LA
California Catholic Conference
California
Communities United Institute
California Labor Federation,
AFL-CIO
Coalition for Humane Immigrant Rights of Los
Angeles
Community Coalition
Consumer Attorneys of
California
Eric Garcetti, Mayor of the City of Los Angeles
Mike
Feuer, Los Angeles City Attorney
Mujeres Unidas y Activas
San
Francisco Immigrant Rights Commission
SEIU
United Farm
Workers
Vision y Compromiso
OPPOSITION: (Verified 5/20/2015)
American Immigration Lawyers Association - Northern California Chapter, Southern California Chapter, San Diego Chapter, and Santa Clara Valley Chapter
ARGUMENTS IN SUPPORT: The California Labor Federation, in support, notes that “[t]he California Legislature, by passing . . . AB 1159 (Gonzalez) last year, has worked to ensure that Californians are protected from immigration services fraud in the event that California passed an Immigration Reform Bill. However, current law does not protect Californians from fraud as it relates to Presidential executive action. Further, the United States Citizenship and Immigration Services (USCIS) has yet to finalize a formal process for implementation of the Executive Order. Despite that, there are ongoing practices by immigration attorneys, consultants, and con artists that prey on families’ hopes and uncertainties with the promise of providing relief under a federal process that does not even exist yet.” The Service Employees International Union (SEIU), in support, asserts that this bill will address the serious concerns that have been raised by law enforcement and the community as it pertains to potential immigration fraud, and, notes that “[t]here are approximately 1.6 million people in California that could potentially benefit from President Obama’s executive action. As a result of the President’s announcement, there has been an increase of eligible immigrants seeking immigration related services from attorneys and consultants. These services are being wrongly advertised as promises that they can get via an expedited process despite the fact that the [USCIS] has not even started to process applications.”
ARGUMENTS IN OPPOSITION: The Northern California Chapter, Southern California Chapter, San Diego Chapter, and Santa Clara Valley Chapter of the American Immigration Lawyers Association (AILA), in opposition, argue that AB 60 “inappropriately undermines the ability of well-trained attorneys to provide critical assistance to thousands of Californians.” AILA raises various concerns related to the ability to do preparatory work, repayment terms for fees already accepted, and that this bill will cause undue delay and misuses several immigration terms.
AILA notes that this bill is premised on the notion that preparatory work is unnecessary until an application process has been officially launched, and, asserts that, similar to AB 1159, a letter should be submitted to the Assembly Journal to “clearly allow [] attorneys to protect our clients by doing background checks and other work to assess eligibility for immigration relief, in order to clearly permit us to effectively represent the interests of our clients and their families.”
AILA further objects to applying the repayment provisions of existing law to any fees already accepted for work under the President’s November 20, 2014, executive orders. AILA also contends that the proposed starting dates to begin substantive work unduly delays accrual of benefits and puts clients at risk, that attorneys should be permitted to prepare for expanded provisional waivers prior to implementing regulations, and that this bill is overly broad because it misuses several immigration terms.
ASSEMBLY FLOOR: 77-0, 4/13/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Harper, Obernolte, Ridley-Thomas
Prepared by: Benjamin Palmer / JUD. / (916) 651-4113
5/20/15 16:27:51
**** END ****
AB 60
Page 5
ASSEMBLY THIRD READING
AB 60
(Gonzalez)
As Amended March 26, 2015
2/3 vote. Urgency
Committee |
Votes |
Ayes |
Noes |
Judiciary |
10-0 |
Mark Stone, Wagner, Alejo, Chau, Chiu, Cristina Garcia, Gallagher, Holden, Maienschein, O'Donnell |
|
Appropriations |
16-0 |
Gomez, Bigelow, Bonilla, Bonta, Calderon, Chang, Daly, Eduardo Garcia, Eggman, Gallagher, Holden, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY:
Clarifies that existing protections against fraud related to immigration reform services apply when that immigration reform arises from executive action, in addition to congressional action. Specifically, this bill:
Revises the definition of an "immigration reform act" to include the President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. Further requires the State Bar to announce and post on its Internet Web site when such an executive action or order has been issued.
Defines "immigration reform act services" to means services offered in connection with an immigration reform act that are for the purpose of preparing an application and other related initial processes in order for an undocumented immigrant, who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under an immigration reform act. Clarifies that they do not include services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, such as assisting a client in preventing removal from the United States and achieving postconviction relief from prior criminal convictions.
Prohibits attorneys and immigration consultants from demanding or accepting advance payment of any funds from a person for immigration reform act services in connection with any of the following:
Requests for expanded Deferred Action for Childhood Arrivals (DACA) pursuant to an immigration reform act, as defined, before the date the United States Citizenship and Immigration Services begins accepting those requests.
Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) pursuant to an immigration reform act, as defined, before the date the United States Citizenship and Immigration Services begins accepting those requests.
Requests for Expanded Provisional Waivers of Unlawful Presence pursuant to an immigration reform act, as defined, before the issuance and effective date of new guidelines and regulation for those provisional waivers.
Any relief offered under any executive action announced or executive order issued, on or after the effective date of this bill, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
Clarifies that any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.
Makes technical and clarifying changes to ensure that existing provisions for handling advance payments apply to funds that were received prior to the effective date of the amendments made by this bill, rather than October 5, 2013 (the date that AB 1159 (Gonzalez), Chapter 574, Statutes of 2013, became effective.)
Contains an urgency clause allowing the provisions of this bill to take effect immediately upon enactment.
FISCAL EFFECT:
According to the Assembly Appropriations Committee:
Violations by attorneys and immigration consultants of the underlying statutes amended by this bill are misdemeanors, and immigration consultants are also subject to civil penalties. This bill could therefore result in addition non-reimbursable costs to local governments for prosecution, offset to some extent by fine revenue. In addition, there could be minor state and local revenue increases from civil actions brought against immigration consultants by the Attorney General or local prosecutors for violations of the bill's provisions.
This bill will not result in any additional state costs beyond the minor one-time costs previously identified to implement AB 1159.
COMMENTS:
For several years, the Obama administration and Congressional Democrats and Republicans have been engaged in challenging political discussions over potentially sweeping changes to federal immigration law. While the outcome of that debate in Washington is far from certain, some individuals in California have apparently sought to charge immigrants for various legal and paralegal or quasi-legal services ("immigration reform act services") that cannot appropriately be performed prior to such reform taking place and some kind of relief actually being available.
According to the author and supporters, a large number of people are at risk of exploitation given the potential size of the immigrant pool that may be affected. Undocumented immigrants may be particularly vulnerable to abuse by unscrupulous businesses and individuals because of the risks they face in asserting their rights as consumers and victims of fraud or other wrongdoing. Like its predecessor, AB 1159, this bill seeks to protect immigrants seeking potential relief under prospective immigration reform from being charged fees for certain services before such relief can possibly be obtained pursuant to the relevant immigration reform act. This bill is specifically needed because AB 1159 was worded in a way that its protections only apply with respect to an "immigration reform act" that is "enacted," or in other words, the result of legislation passed by Congress and signed into law by the President.
In light of the recent immigration executive actions announced by President Obama on November 20, 2014, the author subsequently introduced this legislation to ensure that the same protections established by AB 1159 in 2013 shall apply to protect immigrants who may be targeted by those now offering services to obtain potential relief pursuant to the executive actions set forth by the President. To mitigate the need for follow-up legislation every time new federal immigration reform is proposed and corresponding immigration reform services are offered in anticipation, the bill also seeks to apply these protections to future immigration reform efforts, whether they arise from either legislation enacted by Congress, or executive action ordered by the President.
Background on Proposed Executive Actions. On November 20, 2014, President Obama announced a series of executive actions on immigration (President's November 20th executive actions). According to the United States Citizenship and Immigration Services (USCIS), the primary agency responsible for implementing them, these initiatives include:
Expanding the population eligible for the DACA program to people of any current age who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.
Allowing parents of United States citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new DAPA program, provided they have lived in the United States continuously since January 1, 2010, and pass required background checks.
Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of United States citizens. (See http://www.uscis.gov/immigrationaction)
On December 10, 2014, this bill was introduced to further the objectives of AB 1159 and protect consumers seeking services in connection with the President's November 20th executive actions. On February 16, 2015, however, a federal court in Texas issued a preliminary injunction to temporarily prevent the federal government from implementing the DAPA and expanded DACA programs pursuant to the President's November 20th executive actions. USCIS had planned to begin accepting applications for the expanded DACA program on February 18, 2015, while the DAPA program was expected to begin taking applications sometime in May 2015. At the time of this analysis, the Department of Homeland Security was not accepting requests for either DAPA, or the expanded DACA programs, pending an appeal of the case. (See "Federal Court Halts DAPA and Expanded DACA Programs", Center for Migration Studies, 2/17/15, located at http://cmsny.org/federal-court-halts-dapa-and-expanded-daca-programs.)
Revised Definition of "Immigration Reform Act" and "Immigration Reform Act Services." Under existing law, an “immigration reform act” is defined as an act of Congress that is enacted after October 5, 2013, (the effective date of AB 1159) but before January 1, 2017, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain lawful status under federal law. In order to extend existing protections to immigration reform established by executive action, this bill redefines "immigration reform act" to explicitly include the President's November 20th executive actions on immigration as well as any future executive action or order that similarly authorizes a pathway to citizenship for undocumented immigrants.
To address concerns that the bill is overly broad and unnecessarily restricts immigration attorneys from performing basic tasks to assess a client's potential options, the author recently amended the bill to clarify that immigration reform act services do not include legal services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, such as assisting a client in preventing removal from the United States, or achieving postconviction relief from prior criminal convictions. Importantly, this definition relates only to services regarding an immigration reform act and should not be implicated in the provision of lawful and appropriate preliminary or preparatory work for clients, such as obtaining records and documentation for use in applications or filings under any other immigration law or other law.
Restrictions on Advance Fees Before Any Immigration Reform Takes Effect. Under existing law enacted by AB 1159, attorneys and immigration consultants are prohibited from demanding any funds, or from accepting advance payment of any funds, for immigration reform act services prior to the enactment of an immigration reform act. It should be noted that the prohibition is directed at services for a fee; if no fee is charged, this law is not triggered. Under AB 1159, the reason for this prohibition appears to be plain: before proposed legislation has been signed into law, it is impossible to know who might be eligible and what steps would be needed to submit an application. This bill seeks to ensure that restrictions on advance fees apply to services offered in connection with prospective immigration reform arising either from legislation enacted by Congress (as is the case under existing law) or from executive action. In response to the President's November 20th executive actions, this bill specifically prohibits advance fees for services related to requests for relief under the expanded DACA program and the DAPA program before the date the USCIS begins accepting those requests, as well as for requests for expanded Provisional Waivers of Unlawful Presence before the issuance and effective date of new guidelines and regulations for those waivers. In addition, for any future executive action or order that similarly authorizes an undocumented immigrant to attain a lawful status, as specified, the bill would prohibit advance fees for such services before the executive action or order has been implemented and the relief is available.
Reform of Immigration Consultants Act. The Immigration Consultants Act (ICA) was enacted in 1986 to regulate activities of immigration consultants who perform a variety of services for persons who seek adjustment of their immigrant status at minimal cost. As described previously, AB 1159 prohibited not only lawyers but immigration consultants from demanding or accepting advance payment of any funds from a person for immigration reform act services before the reform is enacted. It also required consultants who provide immigration reform act services to deposit any funds received into a client trust account and only withdraw funds upon completing an itemized service or document. This bill revises the ICA to require immigration consultants to follow the same restrictions placed upon attorneys with respect to advance fee payments and required practices for depositing or refunding advance fees already collected. The bill revises the definitions of "immigration reform act" and "immigration reform act services" under the ICA to mirror those applied to immigration attorneys.
Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334 FN: 0000113
AB 60
Page 2
Date of Hearing: March 25, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 60
(Gonzalez) – As Amended March 19, 2015
Policy Committee: |
Judiciary |
Vote: |
10 - 0 |
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Urgency: Yes State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill extends existing protections against fraud related to providing immigration reform-related services, as a result of Congressional action, to also apply to reform arising from executive actions. Specifically, this bill:
Revises the definition of an "immigration reform act" to include the President’s November 2014 executive actions on immigration, or any future executive action or order, authorizing an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. Further requires the State Bar to announce and post on its website when such an executive action or order has been issued.
Clarifies that "immigration reform act services" do not include legal services that have an independent value apart from the preparation of an immigration reform act and other related initial processes, such as assisting a client in preventing removal from the United States.
Prohibits attorneys and immigration consultants from demanding or accepting advance payment of any funds from a person for specified immigration reform act services.
Clarifies that any advance payment of funds for immigration reform act services received after October 5, 2013(the date that AB 1159 [see below] became effective), but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.
FISCAL EFFECT:
Violations by attorneys and immigration consultants of the underlying statutes amended by this bill are misdemeanors, and immigration consultants are also subject to civil penalties. This bill could therefore result in addition non-reimbursable costs to local governments for prosecution, offset to some extent by fine revenue. In addition, there could be minor state and local revenue increases from civil actions brought against immigration consultants by the Attorney General or local prosecutors for violations of the bill's provisions.
This bill will not result in any additional state costs beyond the minor one-time costs previously identified to implement AB 1159.
COMMENTS:
Background. On June 27, 2013, the United States Senate passed S. 744, known as the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013. On July 10, 2013, AB 1159 (Gonzalez) was amended to guard against immigration services fraud upon those seeking potential relief under S.744, should it have ultimately become federal law. AB 1159 was signed by Governor Brown as an urgency measure and its protections took effect on October 5, 2013. However, S. 744 was never passed by the U.S. House of Representatives and died later in the 113th Congress. On November 20, 2014, President Obama announced a series of executive actions on immigration.
Purpose. On December 10, 2014, this bill was introduced to further the objectives of AB 1159 and protect consumers seeking immigration services in connection with the President's executive actions. (These executive actions are currently on hold pursuant to a preliminary injunction issued by a federal court in Texas.)
According to the author, various services in anticipation of prospective but uncertain immigration reform are being targeted to Spanish-speaking immigrants. The author and supporters indicate that a large number of people are at risk of exploitation, given the potential size of the immigrant pool that may be affected. Undocumented immigrants may be particularly vulnerable to abuse by unscrupulous businesses and individuals because of the risks they face in asserting their rights as consumers and victims of fraud or other wrongdoing. The bill is strongly supported by immigrant advocates, City of Los Angeles officials, civil rights organizations, and labor, among others.
Opposition. The Southern California Chapter of the American Immigration Lawyers Association (AILA) argues the bill is overly broad and "will further deter future immigration attorneys from entering into this field to begin with, directly reducing the amount of competent immigration attorneys willing and available to help serve this population."
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
AB 60
Page 10
Date of Hearing: March 17, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
AB 60
(Gonzalez) – As Amended March 9, 2015
As Proposed to be Amended
SUBJECT:
IMMIGRATION SERVICES: ATTORNEYS
KEY ISSUE: SHOULD IMPORTANT CONSUMER PROTECTIONS, ENACTED LAST YEAR TO PREVENT FRAUD UPON VULNERABLE IMMIGRANT CLIENTS WHO SEEK IMMIGRATION SERVICES IN ANTICIPATION OF PROSPECTIVE CONGRESSIONAL REFORM, ALSO EXTEND TO IMMIGRATION SERVICES OFFERED IN ANTICIPATION OF EXECUTIVE ACTION BY THE PRESIDENT?
SYNOPSIS
According to the author, this bill is an important consumer protection measure that will protect the vulnerable community seeking assistance under new immigration rules proposed by President Obama in a series of executive actions announced on November 20, 2014 (hereafter “November 20 executive actions”). Like its predecessor, AB 1159 (Ch. 574, Stats. 2013), this bill seeks to protect immigrants who seek relief under prospective immigration reform from being charged fees for certain services before the relief can possibly be obtained. This follow-up legislation is needed, however, because AB 1159 only applied to an immigration reform act that is "enacted" by Congress and signed by the President; thus it does not apply where prospective immigration reform arises through executive action. The bill closes this unanticipated loophole from AB 1159 by revising the definition of an immigration reform act to also mean an executive action or order on immigration, as specified, including the November 20 executive actions.
In light of reported evidence that new scams have surfaced since the recent executive actions were announced, the author seeks to ensure that the protections established by AB 1159 also apply to immigrants who may seek potential relief pursuant to the executive actions by the President. Among the protections that would specifically apply in such cases, this bill would prohibit an attorney or an immigration consultant from demanding, or accepting the advance payment of, any funds for immigration reform act services before the enactment or implementation of an immigration reform act, as defined, and would require any funds received after the effective date of this bill, but before the enactment or implementation of an immigration reform act, to be refunded to the client. The bill would require any funds received before the effective date of the bill for services not yet rendered to be either refunded to the client, or deposited in a client trust account, as specified.
The bill is strongly backed by a wide range of supporters, including immigrant advocates, Los Angeles city officials, civil rights organizations, and labor groups. They believe this bill, like its predecessor, will help reduce fraud and provide appropriate enforcement tools to curtail fraudulent behavior. The bill is opposed by a chapter of the American Immigration Lawyers Association (AILA), who contend that the definition of immigration reform services is overly broad and that it unnecessarily ties the hands of immigration attorneys who are trying to assist immigrants. Proposed amendments seek to address this concern by narrowing and clarifying that definition, making technical amendments to clarify the time frame for certain requirements, and adding an urgency clause.
SUMMARY:
Clarifies that existing protections against fraud related to immigration reform services apply when that immigration reform arises from executive action, in addition to Congressional action. Specifically, this bill:
Revises the definition of an "immigration reform act" to include the President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. Further requires the State Bar to announce and post on its Internet Web site when such an executive action or order has been issued.
Clarifies that "immigration reform act services" do not include legal services that have an independent value apart from the preparation of an immigration reform act and other related initial processes, such as assisting a client in preventing removal from the United States.
Prohibits attorneys and immigration consultants from demanding or accepting advance payment of any funds from a person for immigration reform act services in connection with any of the following:
Requests for expanded Deferred Action for Childhood Arrivals (DACA) pursuant to an immigration reform act, as defined, before the date the United States Citizenship and Immigration Services begins accepting those requests.
Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) pursuant to an immigration reform act, as defined, before the date the United States Citizenship and Immigration Services begins accepting those requests.
Expanded Provisional Waivers of Unlawful Presence pursuant to an immigration reform act, as defined, before the issuance and effective date of new guidelines and regulation for those provisional waivers.
Any relief offered under any executive action announced or executive order issued, on or after the effective date of this bill, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
Clarifies that any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.
Makes technical and clarifying changes to ensure that existing provisions for handling advance payments apply to funds that were received prior to the effective date of the amendments made by this bill, rather than October 5, 2013 (the date that AB 1159 became effective.)
Adds an urgency clause to have this bill take effect immediately upon being signed into law.
EXISTING LAW:
With respect to both attorneys and immigration consultants:
Defines “immigration reform act” as any pending or future act of Congress that is enacted after [October 5, 2013] but before January 1, 2017, including but not limited to the “Border Security, Economic Opportunity, and Immigration Modernization Act” (S. 744, 2013), as specified. Further requires the State Bar to announce and post on its Internet Web site when an immigration reform act has been enacted. (Business and Professions Code Sections 6240(a) and 22442.5(b)(1). All further references are to this code unless otherwise stated.)
Defines "immigration reform act services" as services offered in connection with an immigration reform act that are necessary in the preparation of an application and other related initial processes in order for an undocumented immigrant, as specified, to attain lawful status under the immigration reform act. (Sections 6240(b); Section 22442.5(b)(2).)
Provides that it is unlawful for an attorney or immigration consultant to demand, or accept advance payment of, any funds from a person for immigration reform act services before the enactment of an immigration reform act. Further provides that any funds received after [October 5, 2013] but before the enactment of an immigration reform act must be promptly refunded to the client, as specified. (Section 6242(a) and (b); Section 22442.6(a) and (b).)
Provides that if an attorney or immigration consultant providing immigration reform act services accepted funds prior to the effective date of this section, and the services provided in connection with payment of those funds were rendered, the client shall promptly be provided with a statement of accounting describing services rendered. Further provides that any funds received before [October 5, 2013], for which immigration reform act services were not rendered prior to the effective date, shall be either refunded to the client or shall be deposited in a client trust account. (Section 6242(c); Section 22442.6(c).)
With respect to immigration consultants only:
Makes it unlawful for any person, for compensation, other than persons authorized to practice law or authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services, to engage in the business or act in the capacity of an immigration consultant within this state except as provided. (Section 22440.)
Prohibits an immigration consultant to literally translate from English into another language, in any document, any words or titles, including “notary public,” “notary,” “licensed,” “attorney,” or “lawyer” that imply the person is an attorney, as specified, and provides that a person who violates the translation prohibition is liable for a civil penalty not to exceed $1,000, as specified. (Section 22442.3.)
Requires an immigration consultant, as defined, who provides immigration reform act services to establish and deposit into a client trust account any funds received from a client prior to performing those services. Funds may be withdrawn only after certain services or documents have been completed, as specified by the written contract between the consultant and client. (Section 22442.5.)
FISCAL EFFECT:
As currently in print this bill is keyed fiscal.
COMMENTS:
According to the author:
In 2013, AB 1159 (Gonzalez) was signed into law as a safeguard for immigrant families seeking immigration services in anticipation of Congress passing immigration reform. Families were protected from practices that have led to immigration fraud, such as “advance fees,” in which a client provides payment to an attorney or consultant for immigration services prior to the enactment of the law by which the services would be executed.
The statute does not, however, prevent an attorney from demanding or accepting the advance payment of immigration services relevant to the President’s executive action because of the existing definition of an "immigration reform act." AB 60 aims to extend existing protection against advance fees to immigrant families seeking relief under President Obama’s executive action relating to immigration (in order to) close this unexpected loophole under AB 1159. This bill will ensure that Californians do not fall prey to any ongoing immigration services fraud.
Like AB 1159, This Bill Seeks to Prevent Immigration Fraud Associated with Services Offered to Obtain Relief Under Prospective Federal Immigration Reform. For several years, the Obama administration and Congressional Democrats and Republicans have been engaged in challenging political discussions over potentially sweeping changes to federal immigration law. While the outcome of that debate in Washington is far from certain, some individuals in California have apparently sought to charge immigrants for various legal and paralegal or quasi-legal services ("immigration reform act services") that cannot appropriately be performed prior to such reform taking place and some kind of relief actually being available. As evidenced by numerous examples of advertisements provided by the author to this Committee, various services in anticipation of prospective but uncertain immigration reform are being targeted to Spanish-speaking immigrants.
According to the author and supporters, a large number of people are at risk of exploitation given the potential size of the immigrant pool that may be affected. Undocumented immigrants may be particularly vulnerable to abuse by unscrupulous businesses and individuals because of the risks they face in asserting their rights as consumers and victims of fraud or other wrongdoing. Like its predecessor, AB 1159 (Ch. 574, Stats. 2013), this bill seeks to protect immigrants seeking potential relief under prospective immigration reform from being charged fees for certain services before such relief can possibly be obtained pursuant to the relevant immigration reform act. This bill is specifically needed because AB 1159 was worded in a way that its protections only apply with respect to an "immigration reform act" that is "enacted," or in other words, the result of legislation passed by Congress and signed into law by the President.
In light of the recent immigration executive actions announced by President Obama on November 20, 2014, the author subsequently introduced this legislation to ensure that the same protections established by AB 1159 in 2013 shall apply to protect immigrants who may be targeted by those now offering services to obtain potential relief pursuant to the executive actions set forth by the President. To mitigate the need for continual follow-up legislation every time new federal immigration reform is proposed and corresponding immigration reform services are offered in anticipation, the bill also seeks to apply these protections to future immigration reform efforts, whether they arise from either legislation enacted by Congress, or executive action ordered by the President.
Background on Recent Immigration Reform Efforts. On June 27, 2013, the United States Senate passed S. 744, known as the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013. Approved by a bipartisan 68-32 vote in the Senate, this historic legislation proposed to make broad changes to federal immigration law. Among other things, the bill would have created a pathway to citizenship for many immigrants who do not now have legal immigration status. These immigrants would have been able to apply for a special registered provisional immigrant (RPI) status if they had been physically present in the U.S. on or before December 31, 2011, and met various other criteria.
On July 10, 2013, AB 1159 (which previously had a different author and addressed an unrelated subject) was amended to guard against immigration services fraud upon those seeking potential relief under S.744, should it have ultimately become federal law. AB 1159 was signed by Governor Brown as an urgency measure and its protections took effect on October 5, 2013. However, S. 744 was never passed by the U.S. House of Representatives and died later in the 113th Congress without reaching the President's desk. During that time, the protections established under AB 1159 were in effect under California law.
On November 20, 2014, President Obama announced a series of executive actions on immigration. According to the United States Citizenship and Immigration Services (USCIS), the primary agency responsible for implementing them, these initiatives include:
Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to people of any current age who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.
Allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, provided they have lived in the United States continuously since January 1, 2010, and pass required background checks.
Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens.
(See http://www.uscis.gov/immigrationaction)
On December 10, 2014, this bill was introduced to further the objectives of AB 1159 and protect consumers seeking services in connection with the President's executive actions announced three weeks earlier. On February 16, 2015, however, a federal court in Texas issued a preliminary injunction to temporarily prevent the federal government from implementing the DAPA and expanded DACA programs pursuant to the November 20 executive actions executive actions. USCIS had planned to begin accepting applications for the expanded DACA program on February 18, 2015, while the DAPA program was expected to begin taking applications sometime in May 2015. At the time of this analysis, the Department of Homeland Security was not accepting requests for either DAPA, or the expanded DACA programs, pending an appeal of the case. (See "Federal Court Halts DAPA and Expanded DACA Programs", Center for Migration Studies, 2/17/15, located at http://cmsny.org/federal-court-halts-dapa-and-expanded-daca-programs.)
Revised Definition of "Immigration Reform Act" and "Immigration Reform Act Services." Under existing law, an “immigration reform act” is defined as an act of Congress that is enacted after October 5, 2013 (the effective date of AB 1159) but before January 1, 2017 that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain lawful status under federal law. "Immigration reform act services" are defined as services offered in connection with an immigration reform act that are necessary in the preparation of an application and other related initial processes in order for an undocumented immigrant to attain lawful status under the immigration reform act. In order to extend existing protections to immigration reform established by executive action, this bill redefines "immigration reform act" to explicitly include the President's November 20 executive actions on immigration as well as any future executive action or order that similarly authorizes a pathway to citizenship for undocumented immigrants.
In opposition to the bill, the American Immigration Lawyers Association (AILA) contends that the definition of immigration reform act services (which includes the phrase "services offered in connection with an immigration reform act . . . and other related initial processes") is overly broad, particularly when applied to restrict fees for services related to the November 20 executive actions on immigration, as this bill seeks to do. AILA contends that this broad language unnecessarily restricts immigration attorneys from gathering even basic background information to assess a client's potential options (including, e.g. criminal background checks, USCIS client files, past court filings) regardless of whether immigration reform actually occurs. Furthermore, according to AILA, "Refusing to allow immigration attorneys to do their jobs and obtain the documentation necessary to determine a client’s options places immigrants at a huge disadvantage legally and points them in the direction of the very people who take advantage of them – notarios, unlicensed document preparers and immigration consultants."
The Committee notes, however, that an acknowledged purpose of the bill is to specifically regulate attorneys who are engaged for the purpose of serving clients regarding an immigration reform act, rather than any lawyer whose services in another type of matter might tangentially or incidentally touch on a client's potential eligibility for legalization or adjustment of immigration status. Such peripheral issues might arise, for example, in the course of representation in a criminal matter, employment dispute, domestic violence case or retaliatory eviction challenge where the purpose of the representation is not immigration status. Moreover, with respect to engagement for the purpose of immigration law, the Committee notes that the definition relates only to services regarding an immigration reform act and would not be implicated in the provision of lawful and appropriate preliminary or preparatory work for clients, such as obtaining records and documentation, for use in applications or filings under any other immigration or other law, or for lawful and appropriate procedures or processes for determining or obtaining legal relief under other immigration or other laws. Nevertheless, to address opponents' concerns that the definition is overly broad, the author proposes to amend the bill to clarify that immigration reform act services do not include legal services that have an independent value apart from the preparation of an immigration reform act and other related initial processes, such as assisting a client in preventing removal from the United States.
Restrictions on Advance Fees Before Any Immigration Reform Takes Effect. Under existing law enacted by AB 1159, attorneys and immigration consultants are prohibited from demanding any funds, or from accepting advance payment of any funds, for immigration reform act services prior to the enactment of an immigration reform act. It should be noted that the prohibition is directed at services for a fee; if no fee is charged, this law is not triggered. Under AB 1159, the reason for this prohibition appears to be plain: before proposed legislation has been signed into law, it is impossible to know who might be eligible and what steps would be needed to submit an application. The prohibition therefore targeted attorneys and immigration consultants who were advertising and collecting fees for highly questionable services in connection with immigration reform that had not been enacted and may never have been enacted. At the time AB 1159 was approved by the Legislature, S. 744 awaited an uncertain fate in the U.S. House of Representatives. The fact that S. 744 was ultimately never enacted into law highlights the value of the kinds of protections that were established by AB 1159 during that interim period when it appeared that immigration reform might soon be enacted.
This bill seeks to ensure that restrictions on advance fees established by AB 1159 apply to services offered in connection with prospective immigration reform arising either from legislation enacted by Congress (as is the case under existing law) or from executive action. In response to the November 20 executive actions 20, 2014 executive actions, the bill specifically prohibits advance fees for services related to requests for relief under the expanded DACA program and the DAPA program before the date the USCIS begins accepting those requests, as well as for services related to expanded Provisional Waivers of Unlawful Presence before the issuance and effective date of new guidelines and regulations for those waivers. In addition, for any future executive action or order that similarly authorizes an undocumented immigrant to attain a lawful status, as specified, the bill would prohibit advance fees for such services before the executive action or order has been implemented and the relief is available.
In opposition to the bill, AILA contends that restrictions on advance fees for immigration reform services that currently only apply to prospective Congressional reform are less appropriate when imposed on immigration reform services related to the President's November 20 executive actions, as this bill seeks to do. The reason for this is that while it may be impossible to render services related to prospective Congressional action until the legislation is enacted and the parameters of such reform are known, in the case of the November 20 executive actions, they contend, the parameters of potential relief are already known and able to be acted upon right now, notwithstanding current litigation that led to the February 16, 2015 injunction. The author contends, however, that it is precisely because the potential relief proposed by the executive actions may never be available (i.e. if invalidated by a court) that this bill is necessary to protect vulnerable immigrants from being charged for services to prepare for relief that may never be made available.
In order to reflect that the bill is not limited only to legislative immigration reform that is "enacted" by Congress, the author proposes to amend various provisions of the bill to apply to "enactment or implementation" of an immigration reform act to include reform established by executive action or order.
Provisions on Handling Advance Fees Collected Before This Bill Takes Effect. AB 1159 became effective on October 5, 2013, immediately upon being signed by Governor Brown. It provides that if fees were collected before AB 1159 was in effect and the services were rendered, the attorney must provide the client with a statement of accounting for those services. For fees that were collected after AB 1159 took effect but before enactment of an immigration reform act, and where the services had not been rendered, the law requires those fees to be refunded or placed in a client trust account, presumably within 30 days of AB 1159 taking effect. If placed in a trust account, the attorney or immigration consultant must provide a specified notice in English and the client’s native language. Any advance fees received after the effective date of the bill, but before the enactment of an immigration reform act, must be returned to the client.
As proposed to be amended, the bill makes a series of technical amendments to ensure that these provisions for handling advance payments apply to funds that were received prior to the effective date of the amendments made by this bill, rather than October 5, 2013, the date that AB 1159 became effective. These proposed amendments are intended to ensure that the consumer protections established by AB 1159 and this bill seamlessly apply to fee agreements made since AB 1159 but also those made subsequent to the November 20 executive actions on immigration.
Reform of Immigration Consultants Act. The Immigration Consultants Act (ICA) was enacted in 1986 to regulate activities of immigration consultants who perform a variety of services for persons who seek adjustment of their immigrant status at minimal cost. The explosion of immigration applications, a result of the 1986 federal amnesty law revisions, necessitated the regulation of these persons. Existing law imposes various requirements on those who act in the capacity of an immigration consultant. Consultants must pass a background check, provide clients with a written contract in English and the client’s native language, conspicuously display a statutory notice with specified information (including that the consultant is not an attorney), and file a $100,000 surety bond with the Secretary of State. Existing law also prohibits consultants from making false or misleading statements, making guarantees or promises unless it is in writing and there is a basis in fact for the promise or guarantee, and making any statement that the consultant can obtain special favors.
As described previously, AB 1159 prohibited not only lawyers but immigration consultants from demanding or accepting advance payment of any funds from a person for immigration reform act services before the reform is enacted. It also required consultants who provide immigration reform act services to deposit any funds received into a client trust account and only withdraw funds upon completing an itemized service or document. This bill revises the ICA to require immigration consultants to follow the same restrictions placed upon attorneys with respect to advance fee payments and required practices for depositing or refunding advance fees already collected. The bill revises the definitions of "immigration reform act" and "immigration reform act services" under the ICA to mirror those applied to immigration attorneys. The proposed technical amendments discussed above with respect to attorneys would also be made to appropriate corresponding sections of the ICA.
ARGUMENTS IN SUPPORT: The bill is strongly supported by immigrant advocates, Los Angeles city officials, civil rights organizations, and labor, among others. For example, Asian Americans Advancing Justice (AAAJ) writes in support:
There are approximately 1.6 million people in California that could potentially benefit from President Obama’s executive action. As a result of the President’s announcement, there has been an increase of eligible immigrants seeking immigration related services from attorneys and consultants. These services are being wrongly advertised as promises that they can get their documents via an expedited process, despite the fact that the United States Citizenship and Immigration Services (USCIS) has not even started to release and process applications.
This bill will address the serious concerns that have been raised by law enforcement and the community as it pertains to potential immigration fraud. The newly created safeguards will prevent fraud from occurring within vulnerable immigrant communities in California. As an organization that provides immigration services, we have seen community members who have been taken advantage of by unscrupulous attorneys and immigration preparers, and notary services, more commonly known as “notarios”. We understand the importance of laws that protect individuals and immigrant families from unscrupulous immigration services.
As an official with practical experience in combatting immigration-related scams, Los Angeles City Attorney Mike Feuer writes in support:
In the wake of President Obama's executive action on immigration my office is concerned that immigrants will be targeted and victimized by an increasing number of scams attempting to take advantage of the evolving immigration rules and regulations. In fact, this has become such a concern in Los Angeles that my office has initiated a comprehensive enforcement and education campaign. . . This legislation would close a loophole by applying safeguards and consumer protections to immigrants seeking services under the current executive action (and) is a much needed effort.
ARGUMENTS IN OPPOSITION: In addition to the specific concerns cited above, AILA opposes this bill because of the purported negative impact the bill will have upon immigration attorneys and their clients. They state:
This bill will further deter future immigration attorneys from entering into this field to begin with, directly reducing the amount of competent immigration attorneys willing and available to help serve this population. The majority of clients in immigrant communities will not be able to find or afford “good attorneys” who are in compliance, increasing the likelihood that those clients seek out less expensive services by notarios or unlicensed and unregistered attorneys.
New legislation aimed at licensed attorneys that is so restrictive and overly broad and unnecessarily binds the help we can provide is not the solution to address this area of consumer fraud. The AILA Southern California chapter calls upon the California State Legislature to act responsibly by considering the significant concerns and negative ramifications such an overly broad bill will have on the practice of immigration law and vulnerable consumers in the State of California.
REGISTERED SUPPORT / OPPOSITION:
Support
Asian Americans Advancing Justice- Los Angeles
California
Catholic Conference
California Communities United
Institute
California Labor Federation
Community
Coalition
Los Angeles City Attorney Mike Feuer
Los Angeles
Mayor Eric Garcetti
Mujeres Unidas y Activas
United Farm
Workers (UFW)
Over 20 individuals
Opposition
American Immigration Lawyers Association- Southern California Chapter (AILA)
Analysis Prepared by:
Anthony Lew/JUD./(916) 319-2334
