DETECTIONPREVENTIONRESOLUTION IMMIGRATION FRAUD & ISSUES DETECTIONPREVENTIONRESOLUTION RIGO REYES, CHIEF, INVESTIGATIONS COUNTY OF LOS ANGELES DEPARTMENT OF CONSUMER AND BUSINESS AFFAIRS 500 W. Temple St., Room B-96, Los Angeles, CA 90012, Phone: 213-974-9758, rreyes@dcba.lacounty.gov 1
FRAUD AND ISSUES AGENDA: IMMIGRATION SERVICES Common Fraud and Issues Who the Abusers Are Red Flags Consumer Protection: Civil v. Criminal Actions Specific statutes General statutes Legal Assistance Effective Partnerships 2
IMMIGRATION SERVICES FRAUD AND ISSUES 3
IMMIGRATION SERVICES FRAUD AND ISSUES 4
FRAUD AND ISSUES I. Common Fraud and Issues: IMMIGRATION SERVICES Vulnerable consumers: Fear, need, confusion Scarce affordable legal services Lack of knowledge of our immigration system Affinity crimes: Culture, language, ethnicity 5
FRAUD AND ISSUES I. Common Fraud and Issues: IMMIGRATION SERVICES Costly: Financial + immigration status harm Wrong legal advice False promises Convince you to lie on application Abandon you and your case 6
FRAUD AND ISSUES II. Who the Abusers Are: IMMIGRATION SERVICES “Immigration Consultants” “Notarios,” phony attorneys, hair stylists Attorneys: Direct abusers v. enablers Affinity crimes: Culture, language, ethnicity 7
FRAUD AND ISSUES II. Red Flags: IMMIGRATION SERVICES “Guarantee” results Tell you they know “inside” people Claim they know “special” laws Ask you to lie on forms Don’t give you a written contract Demand that you pay in cash only Charge you “secretive” fees Keep your original documents 8
IMMIGRATION SERVICES FRAUD AND ISSUES III. Consumer Protection: Immigration Consultants Act (ICA)*: Must comply prior to offering services Applies to non-attorneys and non-BIA- approved organizations that charge consumers a fee for immigration services, including [B&P 22441]: Completing forms Translating answers to questions Securing supporting documents Submitting forms to USCIS *California Business & Professions Code Chapter 19.5 (Sections 22440-22448) 9
FRAUD AND ISSUES III. Consumer Protection: ICA Compliance: IMMIGRATION SERVICES FRAUD AND ISSUES III. Consumer Protection: ICA Compliance: Can’t offer legal advice [B&P 22441] $100K bond with Secretary of State: [B&P 22443.1] Must pass background check [B&P 22441.1] Written contract [B&P 22442]: List services being provided Three-day right to cancel In English and consumer’s language Must post specified notices [B&P 22442.2] Must say he/she is not an attorney [B&P 22442(a)2] 10
FRAUD AND ISSUES III. Consumer Protection: ICA Compliance: IMMIGRATION SERVICES FRAUD AND ISSUES III. Consumer Protection: ICA Compliance: Can’t keep original documents [B&P 22443] Can’t lie or “guarantee” results [B&P 22444] Can’t charge for referrals [B&P 22444(d)] Can’t use the word “Notario” [B&P 22442.3] $100K for each violation [B&P 22445] Multiple violations are felonies [B&P 22445(c)] 11
FRAUD AND ISSUES III. Consumer Protection: ICA Compliance: IMMIGRATION SERVICES FRAUD AND ISSUES III. Consumer Protection: ICA Compliance: Immigration Consultants can only provide non “non- legal assistance” [B&P 22441(d)] Complete immigration forms, but can’t tell consumer which forms to use or the answers on the forms [B&P 22441(1)] Translation services [B&P 22441(2)] Secure supporting documents [B&P 22441(3)] Submit Forms to USCIS [B&P 22441(2)] 12
FRAUD AND ISSUES III. Consumer Protection: General Statutes: IMMIGRATION SERVICES FRAUD AND ISSUES III. Consumer Protection: General Statutes: Business & Professions Code Section 17200 Prohibits unfair competition Provides injunctive relief Provides for civil penalties and restitution Business and Professions Code Section 17500 Prohibits false advertising Covers affirmative statements and omissions Penal Code Section 487 Grand theft through false pretenses $950 and up 13
FRAUD AND ISSUES IV. Consumer Protection: Legal Assistance IMMIGRATION SERVICES FRAUD AND ISSUES IV. Consumer Protection: Legal Assistance Legal Aid Organizations: Free or low-cost legal assistance Consumer outreach and education Identify and report fraudulent activity Advocate for better laws, consumer protection 14
FRAUD AND ISSUES IV. Consumer Protection: Legal Assistance IMMIGRATION SERVICES FRAUD AND ISSUES IV. Consumer Protection: Legal Assistance Board of Immigration Appeals-Approved Organizations May: Offer legal immigration advice Represent persons before the BIA Represent persons before USCIS Must disclose BIA status [B&P 22442.2(2)] List of BIA-Accredited Organizations: www.justice.gov/eoir/ra/raroster_orgs_reps_state_ci ty.htm 15
FRAUD AND ISSUES IV. Consumer Protection: Legal Assistance IMMIGRATION SERVICES FRAUD AND ISSUES IV. Consumer Protection: Legal Assistance (Real) Non-Profit Organizations: Offer non-legal assistance or advice” [B&P 22441(d)] Complete immigration forms, but can’t advise as to which forms or answers on the forms [B&P 22441(1)] Translate documents and questions to answers on forms [B&P 22441(2)] Secure supporting documents [B&P 22441(3)] Submit Forms to USCIS [B&P 22441(2)] Must comply with ICA, except written contract and bond requirements [B&P 22442(h), 22443.1(j)] 16
FRAUD AND ISSUES IV. Consumer Protection: Legal Assistance IMMIGRATION SERVICES FRAUD AND ISSUES IV. Consumer Protection: Legal Assistance Immigration Attorneys: May be licensed in any state Legal advice and representation Identify and report fraudulent activity Advocate for better laws, consumer protection Provide pro-bono/low-bono services 17
FRAUD AND ISSUES How DBCA Helps IMMIGRATION SERVICES 800-593-8222, dca.lacounty.gov Counseling, outreach, education One-on-one complaint resolution Case investigation for criminal/civil prosecution 18
IMMIGRATION FRAUD TASK FORCE: IMMIGRATION SERVICES FRAUD AND ISSUES IMMIGRATION FRAUD TASK FORCE: Participants: Investigation, Prosecution, Licensing: Federal: USDOJ, FTC, USCIS, FDNS, ICE, HSI State: Attorney General, State Bar of California Local: DCA, LADA, LAPD, LACA Purpose: Ongoing identification and prioritization of cases Coordinated investigation and prosecution Pooled resources for greater effectiveness Enhanced service to victims and advocates 19
IMMIGRATION FRAUD TASK FORCE: IMMIGRATION SERVICES FRAUD AND ISSUES IMMIGRATION FRAUD TASK FORCE: Helpful Investigation Considerations: Statute of limitations Location Civil v. criminal Volume of business Gravity of violations Operating 20