Enacts the immigration provider enforced disclosure information and registration (IMPEDIR) act of 2013

Summary of provisions

Section 1 of the bill establishes the title of the Act as the "Immigration Provider Enforced Disclosure Information and Registration (IMPEDIR) Act of 2013."

Section 2 of the bill adds a new section 460-k to the General Business Law to: (1) require immigrant assistance service providers to register with the NYS Secretary of State (the "Secretary") prior to engaging in the provision of immigrant assistance services; (2) require the Secretary to make public on its website a list of currently registered providers; (3) require the Secretary to collect a reasonable filing fee for registration and renewal applications; (4) require the Secretary to establish a procedure for the filing and investigation of complaints against providers; (5) empower the Secretary to refer any such matter for prosecution to the NYS Attorney General or other appropriate law enforcement agency; and (6) empower the Secretary to deny an application for registration or renewal (or revoke or suspend an existing registration) on specified grounds.

Section 3 of the bill amends section 460-e of the General Business Law to include additional prohibited acts. Among other things, the bill would expressly prohibit providers from advertising or providing immigrant assistance services without having first obtained a valid certificate of registration from the Secretary, as well as a valid surety bond, contract of indemnity or irrevocable letter of credit pursuant to existing section 460-a of the General Business Law.

Section 4 of the bill amends, (1) section 460-g of the General Business Law to add a requirement that the Secretary post on the Department's website information relating to providers' compliance with the bond requirement of section 460-g, (2) section 460-h of the General Business Law to increase the maximum permissible civil penalties for violations of GBL Article 28-C ("Immigrant Assistance services") from $7,500 to $20,000 (or $25,000 for violations of certain enumerated provisions) and to permit aggrieved persons to bring a civil action for injunctive relief, damages or both; and (3) section 460-i of the General Business Law to increase the criminal penalty for certain

violations of article 28-C (e.g., providing services without a valid certificate of registration, giving legal advice as a non-attorney immigrant assistance service provider or otherwise engaging as a service provider in the unauthorized practice of law) from a class A misdemeanor to a class E felony (and a class D felony for repeat offenders).

Section 5 of the bill establishes the effective date.

Justification

Immigrants seeking assistance in immigration-related matters (e.g. obtaining legal residence, work authorization, citizenship or helping family members) are routinely preyed upon by unscrupulous "immigration service providers."

Many of these "providers" falsely claim that they are attorneys or have close connections with the U.S. Citizenship and Immigration Services, often times using titles that deceive people into believing that they are, in fact, attorneys at law. victims of these scams are often immigrants who not only stand to lose large sums of money but also are likely to suffer harm to their immigration status.

The New York Immigration Assistance Services law was enacted in 2004 to protect immigrants from being exploited by establishing new standards and protections to effectively regulate the activities of those who would take advantage of them.

However, events have demonstrated that the 2004 reforms were not enough to prevent bad actors from taking advantage of hard-working immigrants who are attempting to achieve citizenship and their own version of the American Dream. This bill seeks to enact a comprehensive registration mechanism and authorize enhanced civil and criminal penalties so that New York can monitor and, where appropriate, investigate and prosecute to the fullest extent of the law those who would seek to defraud and prey upon immigrants.

Legislative history

Mew bill.

Fiscal implications

To be determined.

Effective date

January first next succeeding the date on which it shall have become a law, with provisions.