Collaboration Session - Unauthorized Practice of Law
I. Scope of the Problem
The unauthorized practice of law encompasses various activities, including:
Applying for benefits on behalf of an immigrant who is ineligible for those benefits
Misrepresentation of facts in documents submitted to USCIS
Accepting an applicant’s money without ever submitting any documents to USCIS (this is the hardest to track because USCIS has no record of the unauthorized practitioner or documents submitted on behalf of the applicant)
Other examples include unauthorized practitioners who claim to be able to obtain labor certifications for employers
Primarily a “local issue of national scale”
Many unauthorized practitioners promise to expedite cases, and then take an applicant’s money and disappear – applicants are willing to pay more to an unauthorized practitioner than they would to a private attorney because they may believe that notary publics can provide premium services (stems from a difference between the role of notary publics in the U.S. and other countries)
Some attorneys lend their names and bar numbers to UPL practices – these attorneys can be disciplined for failure to supervise, but there is nothing that can be done to the unauthorized practitioners
Unauthorized practitioners sell forms through their websites and conduct phone consultations
There are companies overseas that claim to provide assistance with the “green card lottery”
In recent years, there has been an increase in internet-based scams
Unauthorized practitioners include ex-government officials, including previous employees of INS, USCIS, DHS, and DOS
Unauthorized practitioners often threaten to report applicants to USCIS or ICE when they complain about fees or lack of service
Most serious threat is mom and pop shops that advertise with flyers and in local papers or through referrals and hand out business cards advertising themselves as notary publics or attorneys
Applicants have an incentive to protect unauthorized practitioners because once an unauthorized practitioner is caught, all cases are reopened
Some therapists working with U visa applicants assist clients with preparing/filing forms
II. Stakeholder Suggestions: Public Education Campaign
Audiences for Education
Practitioners – resources for attorneys who take on cases that have been botched by unauthorized practitioners
Applicants – centralize resources for applicants, provide a list of known practitioners to avoid, provide guidance on what an applicant should expect from an attorney or accredited representative and to beware of government or ex-government employees who claim to be able to secure immigration benefits
USCIS employees – provide guidance to the field regarding consumer fraud
Employers – can be harmed by unauthorized practitioners as well and are sometimes penalized with sanctions
Other social service providers – provide information to day care providers, social workers, teachers, and others who are closely connected to the immigrant community
Immigration judges
Avenues for Outreach by HQ and District Offices
National level – partner with Department of Education and teachers’ unions
Local level – compile a list of trusted entities, including community leaders, places of worship, schools, consulates, employers, ESL and naturalization classes
Written materials may not the best way to reach illiterate or low literate population
Ethnic newspapers, radio, television, public service announcements
Poster campaigns on public transportation
Partner with local CBOs to conduct “Know Your Rights” campaigns
Distribute written materials at field offices/Application Support Centers
Use naturalization information session outreach model for UPL
Content of Materials
Educate applicants on what to avoid and what they should expect in their relationships with attorneys or accredited representatives (e.g. meeting in person at an office, conducting an interview, taking time to prepare the case)
Provide state-specific information (e.g. in NJ, preparing forms as an unauthorized practitioner is illegal and considered a felony)
Create a “no-use” list of unauthorized practitioners to be shared with law enforcement, USCIS employees, public, etc.
Strengthen the warning in the USCIS “Welcome to the United States Guide for New Immigrants”
Existing resources include AILA’s brochure and online guide with reporting information, Immigrant Legal Resource Center’s comic book, and the DOJ Executive Office for Immigration Review notice on notarios, visa consultants, and immigration consultants
Ensure that education materials reference “immigration consultants”
III. Stakeholder Suggestions: Building Stakeholder Capacity
Recognition and Accreditation Process
Need more training opportunities for organizations that want to become recognized and for representatives who wish to become accredited
USCIS should develop a standard, web-based training program
Annual CLE credits should be required to retain accreditation
Reinstate a working group with CBOs, USCIS, and BIA to discuss recognition and accreditation issues
Modify R&A process to take into account the fact that the skill sets needed to appear before BIA/IJ and DHS are different
Funding
Capacity building is difficult due to the nominal fees requirement because most CBOs operate on grants
Allow non-profit organizations to charge a reasonable fee, which may require a federal regulation that defines “nominal fee”
USCIS should provide grants to community based organizations to conduct outreach on UPL
USCIS should seek to increase visibility of certain agencies to recognize that they are legitimate, trusted providers
USCIS should work with grantors to provide resources for legitimate, trustworthy organizations
USICS should create a “best practices” document to be used by stakeholders and updated whenever a law is changed
IV. Stakeholder Suggestions: Deterrence and Enforcement
Recommended USCIS steps to improve the quality of services provided by accredited representatives
Expand language services that USCIS offers to prevent unauthorized practitioners from appearing under the guise of serving as interpreters
Develop a certification system or registration process that requires practitioners to be registered with USCIS
Vet all Forms G-28
Encourage reporting of UPL
Implement a “fruit of the poisonous tree” policy – guarantee that USCIS and ICE will not use information provided by unauthorized practitioners in an adverse decision against an applicant
Publicize successful prosecutions
Facilitate ease of enforcement
Create protection for victims similar to the U visa
Create a list of where to report UPL by state and/or publicize AILA’s list
Allow people to submit anonymous letters about UPL to local/state law enforcement, CBOs, etc.
Establish certain requirements of practitioners
Require consultants to inform clients that they are not attorneys or accredited representatives
Require a contract between consultants and clients
Require consultants to pay a fee or to be bonded
Create a disciplinary process for non-attorneys
Establish a way for CBOS, victims, states, etc. to report unauthorized practitioners who have crossed state lines and set up new operations
Protect integrity of website
Partner with Google and other search engines to regulate domain names
Write a regulation granting USCIS authority to monitor copy-cat websites and protect DHS/USCIS emblem and enforce against those who violate it
Contact small business associations to explore any potential role in deterrence/enforcement
Connect local USCIS FDNS offices with state and local authorities and train USCIS officers to serve as subject matter experts on UPL to liaise with law enforcement
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