What's happening
This bill requires immigration providers in New York to be licensed and bonded, and allows individuals to sue for violations with minimum damages of $5,000.
Why it matters
Creates a formal licensing and bonding system for immigration providers. , making it harder for unqualified or fraudulent individuals to offer services—this could help protect immigrants from scams and incompetent assistance.
Requires detailed background and business information from providers. , including criminal history, business addresses, and experience, potentially increasing transparency and accountability in the immigration services sector.
Empowers individuals to directly sue providers who violate the law. , with a guaranteed minimum recovery of $5,000 per violation plus reasonable attorney’s fees, giving victims a strong incentive and practical avenue to seek justice.
Allows legal action without requiring proof of actual injury. , meaning enforcement and penalties can proceed based on violations alone, which may deter risky or exploitative practices before significant harm occurs.
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Who cares
Headline styles
License Immigration Service Providers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to consumer protection
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3115
2017-2018 Regular Sessions
IN SENATE
January 19, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to immigration providers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 460-l to read as follows:
§ 460-l. Licenses. 1. The department of state shall issue licenses to immigration providers and, upon application, to issue renewal licenses every two years. The secretary of state shall enforce the provisions of this article governing the filing and maintenance of surety bonds and the application for licensure and/or renewal.
2. No person shall engage in the business of immigrant assistance service as defined in section four hundred sixty-a of this article, or advertise his or her business to be that of immigration provider without having first obtained from the department of state a license to do so, pursuant to this article.
3. No person shall disseminate by any means any statement indicating directly or by implication that the person engages in the business of immigrant assistance service as defined in section four hundred sixty-a of this article or acts in the capacity of an immigration provider, or proposes to engage in the business or act in the capacity of an immigration provider, unless the person has on file with the secretary of state a bond and license, in the amount and subject to the terms described in section four hundred sixty-f of this article.
4. Any person intending to engage, as an immigration provider, in any one or more of the activities set forth in this article shall file with the department of state a written application and disclosure, on forms provided by the department of state, containing such information and documentation to be retained by the secretary of state as the secretary
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06102-01-7
S. 3115 2
of state may require by rule and regulation, including but not limited to: (a) name, date of birth, residence address, business address, residence telephone number, and business telephone number; (b) experience the provider has had with immigration; (c) places of business and employees, if any; (d) name and address of the provider's agent for service of process if one is required or has been appointed and, if applicable, the name, business address, business telephone and agent for service of process of the corporation or partnership employing the immigration provider; (e) a record of any prior convictions under this article. The secretary of state shall develop the disclosure form required to file an application and bond pursuant to this section and section four hundred sixty-f of this article.
5. The secretary of state shall charge and collect a filing fee at the time of application and/or renewal to cover the cost of filing the bond required by section four hundred sixty-f of this article.
§ 2. Section 460-h of the general business law, as amended by chapter 206 of the laws of 2014, is amended to read as follows:
§ 460-h. Enforcement. 1. Upon any violation of this article, an application may be made by the attorney general in the name of the people of the state to a court having jurisdiction to issue an injunction, and upon notice to the respondent of not fewer than five days, to enjoin and restrain the continuance of the violation. If it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this article, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this article has occurred, the court may impose a civil penalty of not more than ten thousand dollars for each violation.
2. A person claiming to be aggrieved by any violation of this article by an immigration provider may bring a civil action for injunctive relief, damages or both. The court shall grant a prevailing plaintiff reasonable attorneys' fees and costs. Any recovery or proceeding in a civil action shall not preclude an action by the attorney general or district attorney to pursue criminal charges against an immigration provider. Minimal recovery for the plaintiff shall be five thousand dollars.
§ 3. This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 by adding a new section 460-1.
This legislation would grant New York's Department of State 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 a surety bond with the secretary of state.
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 legislature 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
2015-16: S.921/A5774 - Died in Consumer Protection 2013-14: S.709/A.78 - Died in Economic Development 2011-12: S.1479/A.10420 - Died in Consumer Protection 2009-10: S.2283A/A.4430A - CONSUMER PROTECTION/Reported to Codes 2007-08: S.2473/A.3235 - Referred to Consumer Protection 2006: S.8133/A.8095 - Referred to Rules
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.