SACRAMENTO – A bill by California State Assemblywoman Lorena Gonzalez (D-San Diego) to extend protections against immigration fraud related to President Obama’s immigration reform Executive Order was signed by Gov. Jerry Brown today following unanimous bipartisan support in the Assembly and Senate. The law takes effect immediately.
AB 60 closes an unanticipated loophole in a 2013 law authored by Gonzalez, which created protections for immigrants who were seeking immigration reform-related services in the run-up to a potential act of Congress that was pending at the time, but AB 60 updates the law to protect individuals who are seeking professional assistance in applying under the Executive Order announced by President Obama on Nov. 20, 2014.
The President’s Executive Orders related to immigration reform have been delayed by lawsuits challenging the relief to immigrants provided under the order, but that hasn’t stopped unscrupulous lawyers and notarios from deceiving immigrants in California by promising them assistance with a process that doesn’t exist in exchange for payment.
“The ongoing inaction and uncertainty at the federal level has put immigrants in a uniquely vulnerable position and they are being taken advantage of in this confusing situation,” said Gonzalez. “Today, California sends a clear and urgent message that we will not tolerate deceitful attempts to prey upon those looking to improve their lives and their families’ situation here.”
Concerns over fraud and scams related to the President’s Executive Order on immigration have also been echoed by California Attorney General Kamala Harris, the State Bar of California, and U.S. Citizenship and Immigration Services, all of which have issued warnings and guidelines to help immigrants avoid predatory practices in recent months.
Assemblywoman Gonzalez authored the 2013 law in order to protect millions of potentially eligible Californians from the unauthorized practice of law by non-lawyers, fraud, and avoidable mistakes that could jeopardize a client’s pursuit of citizenship or – worse – result in deportation. The 2013 law, which was sponsored by the State Bar of California, received unanimous support in both the Assembly and the Senate.
The 2013 law, however, did not anticipate that continued inaction by Congress would force the President to issue an Executive Order to address immigration reform. AB 60 would address this by extending the same requirements and protections to the Californians who would be covered by the President’s recent Executive Order on immigration.
AB 60 extends the 2013 law’s crackdown on the unscrupulous practice by some professionals to demand payment for immigration reform services by promising that clients could “cut to the front of the line” when immigration reforms take effect to also include services that may become available under the President’s action. It extends the state law’s prohibition of those advanced payments that attorneys or notarios could demand before applications for the Executive Order immigration relief are even available.
