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[Previous entry: "U.S. and Mexico Enter into Agreements on Border Issues"] [Main Index] [Next entry: "Department of State (DOS) Advises on New Procedures for Petitions Returned for Revocation"] 03/01/2004 Entry: "FAQ regarding the Michigan Immigration Clerical Act"
The Michigan Immigration Clerical Act started as licensing bill modeled on California but abandoned that for a consumer protection. Fundamentally this is a tool to stop abusive practices by notaries and so immigration consultants.
Frequently Asked Questions 1. Is there really a need for consumer protection legislation in the area of immigration services? According to the U.S. Census, Michigan ranks 12th among the states in the size of our foreign-born population, with just more than a half million residents. It is estimated that hundreds, if not thousands, of immigrants are taken advantage of each year in Michigan by unscrupulous, inexperienced and/or misguided businesses and individuals offering services related to person’s immigration and residency status. In the most egregious situations, immigrants are victimized by outright scam artists who tell them that they will assist the immigrant with immigration paperwork, only to have the scam artist flee town, knowing that the immigrant is a vulnerable victim who often either does not know how or is afraid to complain to the proper authorities. More frequently, a business is established within a particular immigrant community to provide a variety of services to immigrants, including “immigration services.” The provider of these services usually is not an attorney and has no specialized training on these issues. Yet, immigration law is incredibly complex and is constantly changing. As a result, these businesses can sometimes offer incorrect information, miss critical filing deadlines and otherwise perform acts that jeopardize an immigrant’s legal residency in the U.S. In addition to needlessly harming the immigrant, his/her legal status and family, these immigration clerical assistants often charge grossly excessive fees. It is not uncommon to charge several hundred or even thousands of dollars for work that is done in less than a few hours.
The original draft of HB 4983 did mandate a license for non-attorneys who assist immigrants on immigration paperwork. The H-1 Substitute removes those provisions in favor of creating a registry at the Department of Labor and Economic Growth that can be accessed to assist consumer protection groups in insuring that immigration clerical assistants are complying with the law’s protections. The protections offered in the H-1 Substitute will not require significant government oversight or effort.
HB 4983 and HB 4984 do not prohibit any services that are currently offered legally. The bills simply create some reasonable consumer protection provisions in place, such as limiting fees an immigration clerical assistant can charge, mandating certain contractual disclosures and requiring a bond.
No. The bills restate the unauthorized practice of law’s prohibitions on activities that are considered to be the practice of immigration law. In fact, staff from the State Bar of Michigan representing the Committee on the Unauthorized Practice of Law participated in the work group meetings that both drafted the bill, as well as oversaw all the edits that went into the substitute. The bill is supported by the State Bar of Michigan.
Absolutely not. The bills were drafted in close consultation with several nonprofit organizations who serve immigrants. For nonprofit organizations who are charging reasonable fees for services that are currently legal, the bills will simply require them to obtain a bond, list themselves on the DLEG registry and provide certain standard consumer disclosures in a contract. In fact, nonprofit organizations that comply with the fee limits, obtain a bond and are listed on the DLEG registry are exempt from any penalties under the laws. The bill is supported by a number of nonprofit advocacy organizations that assist immigrants in the immigration paperwork.
Colleges and universities that are providing immigration services for their students and faculty members are explicitly exempted from the bills.
The Michigan Immigration Clerical Act exempts organizations that have a pre-existing business relationship with a person to whom they are providing immigration services and not charging the employee. This language was agreed upon after consultation with several of Michigan’s multinational corporations and, yet, is defined in a way that unscrupulous businesses that abuse immigrant labor through a variety of scams related to immigration work are not protected. These changes are supported by Kellogg’s, as well as the Michigan chapter of the American Immigration Lawyers Association, many of whose members represent multinational corporations.
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