Provides for the regulation of the licensure and practice of immigration providers by the department of state

BILL NUMBER:S709

Title of bill

An act to amend the general business law, in relation to immigration providers

Purpose or general idea of bill

To establish a licensing requirement of immigration consultants by the state and to protect immigrants from fraudulent immigration consultants.

Summary of specific provisions

The bill amends General Business Article 28-C (Chapter 463).

This legislation would grant New York State Department the power to issue licenses to immigration providers and require those who act as such to be so licensed. Licensees would be required to disclose all relevant information to the Department, including any prior convictions, to determine their eligibility for a license. At the time of licensing, they must file with secretary of state a surety bond.

In addition, licensees would be required to display the license certificate and to pay a filing fee. The state also has to make public the list of licensees on its website and upon the re-lest of any party.

The State should also establish a procedure for filing complaints and investigating the complaint within 30 days of such a complaint. The Department of State has the power to revoke or suspend such licenses upon proof of wrongdoing on the part of the immigration provider.

Any persons aggrieved by the immigration consultants would be entitled to relief in the form of a civil action as well as a criminal action. The injured party would be eligible for reasonable attorney fees and costs, including a minimal recovery of five thousand dollars.

Justification

Currently, there are laws that prohibit immigration providers to conduct themselves and advertise themselves as lawyers. However, there is no state regulation of these providers. As the growth of immigrants increase, there is a great need for legislation to prevent immigration providers from taking advantage of these immigrants. Such legislation would act as a safeguard against those who practice fraudulent activities against immigrants for mere economic gains. Furthermore, the business of immigration consultants is virtually unregulated by the state.

The state legislation should take active measures to protect against corrupt practices by immigration consultants. These consultants try

to deprive immigrants of the fundamental liberties which they seek to achieve as citizens of our country. Also, corrupt immigration consultants create a negative first impression of the democratic process by using the immigrants for their own selfish profits at the expense of unwary immigrants. This legislation seeks to regulate the business of immigration consultants and to protect immigrants from those who do not have the requisite expertise in or commitment to that business.

Prior legislative history

2011-12: S.1479/A.10420 - Died in Consumer Protection 2009-10: S.2283A/A.4430A - CONSUMER PROTECTION/Reported to Codes 2008: S.2473 2006: S.8133

Fiscal implications

Licensing fees will cover the cost of setting up licensing and enforcement.

Effective date

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