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Fight Notario Fraud Act of 2021

12/31/2022, 5:07 AM

Summary of Bill HR 4435

Bill 117 HR 4435, also known as the Fight Notario Fraud Act of 2021, aims to address the issue of fraudulent immigration services provided by individuals posing as legal professionals, known as "notarios." These individuals often take advantage of vulnerable immigrants by offering legal advice and assistance with immigration matters, despite not being qualified to do so.

The bill seeks to combat this problem by increasing penalties for notario fraud, including fines and potential imprisonment for those found guilty of engaging in fraudulent immigration services. It also aims to improve access to accurate information about immigration services by requiring notarios to disclose their lack of legal qualifications to clients.

Additionally, the Fight Notario Fraud Act of 2021 includes provisions to enhance enforcement efforts against notarios, such as increasing funding for investigations and prosecutions of fraudulent immigration services. The bill also seeks to educate immigrants about the dangers of notario fraud and provide resources for individuals seeking legitimate legal assistance with their immigration cases. Overall, the Fight Notario Fraud Act of 2021 is a bipartisan effort to protect vulnerable immigrants from falling victim to fraudulent immigration services and to hold those engaging in notario fraud accountable for their actions.

Congressional Summary of HR 4435

Fight Notario Fraud Act of 2021

This bill prohibits certain types of fraud or misrepresentations related to immigration matters, provides for criminal penalties for such actions, and contains related provisions.

Specifically, a person shall be subject to fines, imprisonment, or both, if that person knowingly executes a scheme related to immigration laws to (1) defraud another, or (2) receive anything of value from another based on false pretenses or representations. Such a person shall be subject to additional criminal penalties if that person (1) threatens to report another to federal or state authorities, (2) takes actions or makes attempts to adversely impact another's immigration status, or (3) demands or retains anything of value for services fraudulently performed or not performed.

Similarly, a person shall be subject to fines, imprisonment, or both, if the person knowingly and falsely claims to be an attorney or an accredited representative in any matter arising under the immigration laws. (An accredited representative is an individual authorized by the Executive Office of Immigration Review to represent clients in certain immigration matters.)

The bill provides for longer terms of imprisonment for a person who causes a cumulative loss of more than $10,000 through actions prohibited under this bill.

The Department of Justice shall establish at least 15 Special U.S. Attorney positions to enforce these provisions and take other actions related to enforcement and protecting consumers from fraudulent immigration schemes.

Current Status of Bill HR 4435

Bill HR 4435 is currently in the status of Bill Introduced since July 16, 2021. Bill HR 4435 was introduced during Congress 117 and was introduced to the House on July 16, 2021.  Bill HR 4435's most recent activity was Ordered to be Reported. as of July 21, 2021

Bipartisan Support of Bill HR 4435

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
8
Democrat Cosponsors
8
Republican Cosponsors
0
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 4435

Primary Policy Focus

Immigration

Potential Impact Areas

- Administrative remedies
- Assault and harassment offenses
- Congressional oversight
- Criminal investigation, prosecution, interrogation
- Department of Justice
- Foreign language and bilingual programs
- Fraud offenses and financial crimes
- Government information and archives
- Government trust funds
- Immigrant health and welfare
- Immigration status and procedures
- Lawyers and legal services

Alternate Title(s) of Bill HR 4435

To amend title 18, United States Code, to prohibit certain types of fraud in the provision of immigration services, and for other purposes.
Fight Notario Fraud Act of 2021
Fight Notario Fraud Act of 2021

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