AB 638: Immigration consultants.

(1)Existing law regulates the practice of immigration consultants who provide nonlegal assistance or advice in an immigration matter. Existing law prohibits any person, for compensation, from engaging in the business or acting in the capacity of an immigration consultant in this state, unless that person complies with the regulations in state law governing the practice of immigration consultants, is an attorney, or is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. Existing law provides that immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be the only individuals authorized to charge clients or prospective clients a fee for providing services associated with filing an application under a federal program referred to as the deferred action program, and prohibits immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals from participating in practices that amount to price gouging, as defined, when a client or prospective client solicits these services. Existing law establishes both criminal and civil penalties for a violation of specified provisions related to immigration consultants.

This bill, beginning on January 1, 2019, 2020, would make it unlawful for a person, for compensation, other than a person authorized to practice law in this state, or a person authorized to represent others under federal law in an immigration matter, or a paralegal acting under the active supervision of an attorney, to engage in the business or act in the capacity of an immigration consultant in this state. The bill would provide that the provisions described above do not apply to an automated immigration form population service. The bill would require the Secretary of State, in coordination with specified state agencies, to develop an Internet Web site that would include specified information related to immigration services available in California, including information related to persons recognized or accredited as authorized providers of immigration services by the United States Department of Justice. The bill would remove notaries public from the provisions described above relating to the federal deferred action program, and would, instead, authorize a paralegal to charge fees for services related to the deferred action program and subject a paralegal to the price gouging prohibition described above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

(2)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.