SB 1382

Bill Subjects

Abstract

Existing law regulates the practice of immigration consultants who provide nonlegal assistance or advice in an immigration matter. Existing law prohibits any person, for compensation, from engaging in the business or acting in the capacity of an immigration consultant in this state, unless that person complies with the regulations in state law governing the practice of immigration consultants, is an attorney, or is authorized by federal law to represent persons before the United States Board of Immigration Appeals or the United States Citizenship and Immigration Services. Existing law prohibits an immigration consultant from literally translating from English into another language, with the intent to mislead, any words or titles, including, but not limited to, "notary public," "notary," "licensed," "attorney," or "lawyer," that imply that the person is an attorney, in any document describing the immigration consultant, and expressly prohibits the literal translation of the phrase "notary public" into Spanish as "notario publico" or "notario." Existing law requires an immigration consultant to conspicuously display in their office a specified notice that includes, among other things, a statement that the immigration consultant is not an attorney. Existing law requires an immigration consultant, prior to providing services, to provide the client with a specified written disclosure in the native language of the client. Existing law establishes both criminal and civil penalties for a violation of specified provisions related to immigration consultants. This bill would replace the title "immigration consultant" with "immigration form assistant" for purposes of the above-described provisions. The bill would additionally prohibit literally translating any words or titles, with the intent to mislead, on the internet or in broadcast media and would prohibit an immigration form assistant from using the title "immigration consultant," "immigration specialist," or any other title that implies that the person has expertise in immigration matters in any document, on the internet, or in broadcast media describing the immigration form assistant. This bill would require the above-described notice and disclosure that the immigration form assistant is required to display in their office and provide to the client, to include a statement that the immigration form assistant is not an attorney nor a notario publico. The bill would prohibit an immigration form assistant from providing nonlegal assistance related to specified applications and petitions, including an application to be granted asylum under federal immigration law. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. Existing law requires a person seeking to engage in the business or act in the capacity of an immigration consultant in this state to file with the Secretary of State a bond of a specified amount, a specified disclosure form, and other related documents. This bill would, additionally, require that person to submit satisfactory proof of completion of specified education requirements with the disclosure form. Existing law authorizes specified persons and entities to bring certain civil actions, including an authorization for any party who, upon information an belief, claims an immigration consultant has committed a violation of the provisions related to the practice of immigration consultants to bring a civil action for injunctive relief on behalf of the general public. This bill would remove the above-described authorization for any party to bring a civil action for injunctive relief on behalf of the general public and would authorize the Secretary of State to bring a civil action for injunctive relief, restitution, and other equitable relief against an immigration form assistant in the name of the people of the State of California. Existing law prohibits a notary who holds themself out as an immigration consultant from advertising they are a notary public. This bill would prohibit a notary public who holds themself out as an immigration form assistant from using the title "immigration consultant," "immigration specialist," or any title or description reflecting an expertise in immigration matters. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.