STATE OF NEW YORK
________________________________________________________________________
6907
2019-2020 Regular Sessions
IN ASSEMBLY
March 25, 2019
___________
Introduced by M. of A. ORTIZ, SEAWRIGHT -- Multi-Sponsored by -- M. of
A. SIMON -- read once and referred to the Committee on Economic Devel-
opment
AN ACT to amend the general business law, in relation to immigration
assistance services
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 460-a of the general business law, as amended by
2 chapter 206 of the laws of 2014, is amended to read as follows:
3 § 460-a. Definitions and applicability. For the purpose of this arti-
4 cle the following terms shall have the following meanings:
5 1. "Immigrant assistance service" means providing assistance, for a
6 fee or other compensation, to persons who have, or plan to, come to the
7 United States from a foreign country, or their representatives, in
8 relation to any proceeding, filing or action affecting the non-immi-
9 grant, immigrant or citizenship status of a person which arises under
10 the immigration and nationality law, executive order or presidential
11 proclamation, or which arises under actions or regulations of the United
12 States [citizenship and immigration services, the United States] depart-
13 ment of homeland security, the United States department of justice, the
14 United States department of labor, or the United States department of
15 state.
16 2. "Provider" means any person, including but not limited to a corpo-
17 ration, partnership, limited liability company, sole proprietorship or
18 natural person, that provides immigrant assistance services, but shall
19 not include (a) any person duly admitted to practice law in this state
20 and any person working directly under the supervision of the person
21 admitted; (b) any not-for-profit tax exempt organization that provides
22 immigrant assistance without a fee or other payment from individuals or
23 at nominal fees as defined by the [federal board of immigration appeals]
24 United States department of justice, and the employees of such organiza-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10909-01-9
A. 6907 2
1 tion when acting within the scope of such employment; (c) any tax
2 exempt, not-for-profit organization recognized by the [federal board of
3 immigration appeals] United States department of justice that provides
4 services via representatives accredited by [such board] the department
5 to appear before the United States citizenship and immigration services
6 and/or executive office for immigration review, that does not charge a
7 fee or charges nominal fees as defined by the [board of immigration
8 appeals] department, and any duly accredited employee of such organiza-
9 tion acting within the scope of his or her employment; (d) any author-
10 ized agency under subdivision ten of section three hundred seventy-one
11 of the social services law and the employees of such organization when
12 acting within the scope of such employment; [or] (e) any individual
13 providing representation in an immigration-related proceeding under
14 federal law for which federal law or regulation establishes such indi-
15 vidual's authority to appear; or (f) any elected official who, acting
16 within the scope of his or her official capacity, without a fee or other
17 payment makes inquiries on behalf of an individual to any governmental
18 authority responsible for administering any program law or regulation
19 affecting the non-immigrant, immigrant or citizenship status of a
20 person.
21 § 2. Section 460-b of the general business law, as amended by chapter
22 206 of the laws of 2014, is amended to read as follows:
23 § 460-b. Immigrant assistance service contracts. 1. No immigrant
24 assistance service shall be provided until the customer has executed a
25 written contract with the immigrant assistant service provider. The
26 contract shall be in a language understood by the customer, either alone
27 or with the assistance of an [available] interpreter, and, if that
28 language is not English, an English language version of the contract
29 must also be provided. A copy of the contract shall be provided to the
30 customer immediately upon the customer's execution of the contract. The
31 interpreter shall provide an attestation affirming the accuracy of his
32 or her translation, to be attached to the contract.
33 2. (a) The customer has the right to cancel the contract within three
34 business days after his or her execution of the contract, without fee or
35 penalty. The right to cancel the contract within three days without
36 payment of any fee may be waived when services must be provided imme-
37 diately to avoid a forfeiture of eligibility or other loss of rights or
38 privileges, and the customer furnishes the provider with a separate
39 dated and signed statement, by the customer or his or her represen-
40 tative, describing the need for services to be provided within three
41 days and expressly acknowledging and waiving the right to cancel the
42 contract within three days.
43 (b) The contract may be cancelled at any time after execution. If the
44 contract is cancelled more than three days after [it was signed]
45 execution, or within three days after [it was signed] execution if the
46 right to cancel without fee has been waived, the provider may retain
47 fees for services rendered, and any additional amounts actually expended
48 on behalf of the customer. All other amounts must be returned to the
49 customer within fifteen days after cancellation.
50 3. The written contract shall be in plain language, in at least twelve
51 point [type] font and shall include the following:
52 (a) The name, address and telephone number of the provider.
53 (b) Itemization of all services to be provided to the customer, as
54 well as the fees and costs to be charged to the customer for each
55 service.
A. 6907 3
1 (c) A statement that original documents [required to be] submitted in
2 connection with an application for an immigration-related benefit made
3 to [the United States citizenship and immigration services or for other
4 certifications, benefits or services provided by government] any govern-
5 mental entity, may not be retained by the [immigrant assistance service]
6 provider for any reason, including failure of the customer to pay fees
7 or costs or other fee dispute.
8 (d) A statement that the provider shall give the customer a signed
9 form affirming receipt of each original document, as well as a complete
10 copy of such document, immediately upon taking possession of such
11 original document for submission or any other purpose.
12 (e) A statement that the provider shall give the customer a copy of
13 each document prepared with the provider's assistance.
14 [(e)] (f) A statement that the customer is not required to obtain
15 supporting documents through the immigrant assistance service provider,
16 and may obtain such documents himself or herself, along with the state-
17 ment: "The U.S. government provides information on required forms and
18 documentation for free online and by phone".
19 [(f)] (g) The statement: "You may cancel this contract at any time.
20 You have three (3) business days to cancel this contract without fee or
21 penalty and get back any fees that you have already paid. Notice of
22 cancellation may be made by completing the cancellation form included in
23 this contract, or otherwise notifying the provider in writing and deliv-
24 ering such form or notification to the provider in person or by United
25 States mail to (specify address). If you cancel this contract you will
26 get back any documents you submitted to the provider".
27 [(g)] (h) Each contract shall contain a separate final page titled
28 "Cancellation Form." The cancellation form shall contain the following
29 statement: "I hereby cancel the contract of (date of contract) between
30 (name of provider, address of provider, and phone number of provider)
31 and (name of customer)." Below the statement shall be a customer signa-
32 ture and date line. Below the signature and date line, the form shall
33 contain the statement required by paragraph [(h)] (i) of this subdivi-
34 sion, printed in twelve point font or larger [text].
35 [(h)] (i) A statement that the [immigrant assistance service] provider
36 has financial surety in effect for the benefit of any customer in the
37 event that the customer is owed a refund, or is damaged by the actions
38 of the provider, together with the name, address and telephone number of
39 the surety.
40 [(i)] (j) The statement: "The individual providing assistance to you
41 under this contract is not an attorney licensed to practice law or
42 accredited by the [board of immigration appeals] United States depart-
43 ment of justice to provide representation to you before [the United
44 States citizenship and immigration services, the department of homeland
45 security, the executive office for immigration review, the department of
46 labor, the department of state] the federal government or any immi-
47 gration [authorities] authority and may not give legal advice or accept
48 fees for legal advice. For a free legal referral call the office for new
49 Americans hotline at (phone number of the office for new Americans), the
50 New York state office of the attorney general at (phone number of the
51 office of the attorney general), or your local district attorney or
52 prosecutor." The service provider shall be responsible for providing the
53 [accurate and up-to-date phone numbers required in such statement] most
54 recent and accurate information required by this paragraph.
55 [(j)] (k) The statement: "The individual providing assistance to you
56 under this contract is prohibited from disclosing any of your personal
A. 6907 4
1 information [about you] to, or [filing] submitting any forms or docu-
2 ments on your behalf with, immigration or other authorities without your
3 knowledge and consent except as required by law." A provider shall
4 promptly notify the customer in writing when such provider has disclosed
5 any information to or filed any form or document with immigration or
6 other authorities when such disclosure or filing was required by law and
7 done without the knowledge and consent of the customer.
8 [(k)] (l) The statement: "A copy of all forms completed and documents
9 accompanying the forms shall be kept by the service provider for three
10 years. A copy of the customer's file shall be provided to the customer
11 on demand and without fee."
12 [(l)] (m) On the same page as the signature line, the statement: "The
13 individual providing assistance to you under the terms of this contract
14 must explain the contents of this contract to you and answer any ques-
15 tions about it that you may have regarding the terms of this contract."
16 (n) Each contract shall contain the division of consumer's protections
17 publicly available "Consumer Bill of Rights" on a separate page. The
18 provider shall be responsible for providing the most recent version of
19 the document available on the division of consumer's protection website.
20 § 3. Section 460-c of the general business law, as amended by chapter
21 206 of the laws of 2014, is amended to read as follows:
22 § 460-c. Required notices. 1. Posting of signs. Every provider shall
23 post signs conspicuously, at every location where such provider meets
24 with customers, setting forth information in English and in every other
25 language in which the person provides or offers to provide immigrant
26 assistance services. There shall be a separate sign for each language,
27 and each shall be posted in a location where it will be visible to
28 customers.
29 (a) One sign shall be at least eleven inches by seventeen inches, and
30 shall contain the following in not less than sixty point [type] font:
31 "THE INDIVIDUAL PROVIDING ASSISTANCE TO YOU UNDER THIS CONTRACT IS NOT
32 AN ATTORNEY LICENSED TO PRACTICE LAW OR ACCREDITED BY THE [BOARD OF
33 IMMIGRATION APPEALS] UNITED STATES DEPARTMENT OF JUSTICE TO PROVIDE
34 REPRESENTATION TO YOU BEFORE THE UNITED STATES CITIZENSHIP AND IMMI-
35 GRATION SERVICES, THE DEPARTMENT OF JUSTICE, THE DEPARTMENT OF HOMELAND
36 SECURITY, THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, THE DEPARTMENT OF
37 LABOR, THE DEPARTMENT OF STATE OR ANY IMMIGRATION AUTHORITIES AND MAY
38 NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. FOR A FREE LEGAL
39 REFERRAL CALL THE OFFICE FOR NEW AMERICANS HOTLINE AT (phone number of
40 the office for new Americans). TO FILE A COMPLAINT ABOUT AN IMMIGRANT
41 ASSISTANCE SERVICE PROVIDER CALL THE OFFICE FOR NEW AMERICANS HOTLINE AT
42 (phone number of the office for new Americans), THE NEW YORK STATE
43 OFFICE OF ATTORNEY GENERAL AT (phone number of the office of attorney
44 general), OR YOUR LOCAL DISTRICT ATTORNEY OR PROSECUTOR'S OFFICE AT
45 (phone number of the local district attorney in the county where the
46 provider provides services)." The service provider shall be responsible
47 for providing the accurate and up-to-date phone numbers required on such
48 sign.
49 (b) A separate sign shall be posted in a location visible to customers
50 in conspicuous size type and which contains the schedule of fees for
51 services offered and the statement: "YOU MAY CANCEL ANY CONTRACT WITHIN
52 3 BUSINESS DAYS AND GET BACK YOUR DOCUMENTS AND ANY MONEY YOU PAID."
53 2. (a) Notice in advertisements. Every provider who advertises immi-
54 grant assistance services, whether by signs, pamphlets, newspapers, or
55 any other written communication shall post or otherwise include with
56 such advertisement a notice in the language in which the advertisement
A. 6907 5
1 appears. This notice shall be of a conspicuous size and shall state:
2 "THE INDIVIDUAL OFFERING TO PROVIDE IMMIGRANT ASSISTANCE SERVICES IS NOT
3 AN ATTORNEY LICENSED TO PRACTICE LAW OR ACCREDITED BY THE [BOARD OF
4 IMMIGRATION APPEALS] UNITED STATES DEPARTMENT OF JUSTICE TO PROVIDE
5 REPRESENTATION BEFORE THE UNITED STATES CITIZENSHIP AND IMMIGRATION
6 SERVICES, THE DEPARTMENT OF HOMELAND SECURITY, THE DEPARTMENT OF
7 JUSTICE, THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, THE DEPARTMENT OF
8 LABOR, THE DEPARTMENT OF STATE OR ANY IMMIGRATION AUTHORITIES AND MAY
9 NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
10 (b) No advertisement for immigration assistance services may expressly
11 or implicitly guarantee any particular governmental action, including
12 but not limited to the granting of employment authorization, lawful
13 permanent resident status or citizenship.
14 § 4. Section 460-d of the general business law, as amended by chapter
15 206 of the laws of 2014, is amended to read as follows:
16 § 460-d. Prohibited acts. No provider shall:
17 1. Give any legal advice concerning an immigration matter, including
18 selecting, or advertising the customer on selecting a governmental agen-
19 cy form in order to apply for an immigration-related benefit, or other-
20 wise engage in the practice of law.
21 2. Assume, use or advertise the title of lawyer or attorney at law, or
22 equivalent terms in the English language or any other language, or
23 represent or advertise other titles or credentials, including but not
24 limited to "notary public", "accredited representative of the board of
25 immigration appeals," "notario public", "notario", "immigration special-
26 ist" or "immigration consultant," that could cause a customer to believe
27 that the person [possesses special professional skills or] is authorized
28 to provide advice on an immigration matter; provided that a notary
29 public licensed by the secretary of state may use the term "notary
30 public."
31 3. State or imply that the provider can or will obtain special favors
32 from or has special influence with the United States citizenship and
33 immigration services, the United States department of Homeland Security,
34 the executive office for [Immigration] immigration review or any other
35 governmental entity.
36 4. Threaten to report the customer to immigration or other authorities
37 or threaten to undermine in any way the customer's immigration status or
38 attempt to secure lawful status.
39 5. Demand or retain any fees or compensation for services not
40 performed, services to be performed in the future, or costs that are not
41 actually incurred.
42 6. [Advise, direct or permit a customer to answer questions on a
43 government document, or in a discussion with a government official, in a
44 specific way where the provider knows or has reasonable cause to believe
45 that the answers are false or misleading] Make a determination of, or
46 advise about, a person's immigration status, including advising him or
47 her on how to respond to questions on a governmental form regarding such
48 determination.
49 7. Disclose any information to, or file any forms or documents with,
50 immigration or other authorities on behalf of a customer without the
51 knowledge or consent of the customer except where required by law. A
52 provider shall promptly notify the customer in writing when such provid-
53 er has disclosed any information to or filed any form or document with
54 immigration or other authorities when such disclosure or filing was
55 required by law and done without the knowledge and consent of the
56 customer.
A. 6907 6
1 8. Fail to provide customers with copies of documents [filed with]
2 submitted to, or received from, a governmental entity within two weeks
3 of submission or receipt or refuse to return original documents supplied
4 by, prepared on behalf of, or paid for by the customer, upon the request
5 of the customer, or upon termination of the contract. Original documents
6 must be returned promptly upon request and upon cancellation of the
7 contract, even if there is a fee dispute between the [immigration
8 assistance service] provider and the customer.
9 9. Fail to provide the customer with a signed form affirming receipt
10 of an original document, as well as a complete copy of such document,
11 immediately upon taking possession of such original document for
12 submission or any other purpose.
13 10. Make any misrepresentation or false statement, directly or indi-
14 rectly.
15 [10.] 11. Make any guarantee or promise to a customer, unless there is
16 a basis in fact for such representation, such representation does not
17 relate to eligibility for an immigration-related benefit, and the guar-
18 antee or promise is in writing and attached to the service contract.
19 [11.] 12. Represent that a fee may be charged, or charge a fee for the
20 distribution, provision or submission of an official document or form
21 issued or promulgated by a state or federal governmental entity, or for
22 a referral of the customer to another person or entity that is qualified
23 to provide services or assistance which the [immigrant assistance
24 service] provider will not provide.
25 [12.] 13. For a fee or other compensation refer a customer to an
26 attorney or any other individual or entity that can provide services
27 that the [immigrant assistance service] provider cannot provide.
28 [13.] 14. Give advice on the determination of a person's immigration
29 status, including advising him or her as to answers on a government form
30 regarding such determination.
31 [14.] 15. Promise to expedite immigration or other immigration related
32 governmental benefit processes, through claims to have special relation-
33 ships with or special access to government employees who will expedite
34 applications or issue favorable decisions for any reason other than the
35 merits of the application.
36 [15. Knowingly provide misleading or false information to a noncitizen
37 about his or her individual or family's eligibility for immigration
38 benefits or status, or to noncitizens or citizens about their individual
39 or family's eligibility for other government benefits, with the intent
40 to induce an individual to employ the services of the service provider
41 to obtain such immigration benefits or status, or such other government
42 benefits.]
43 16. Provide information to any person about his or her, or his or her
44 family member's potential eligibility for a particular immigration-re-
45 lated benefit or status, or other governmental benefit, with the intent
46 to induce such person to employ the services of such provider, regard-
47 less of whether the information is true or false.
48 17. Disclose any information to, or submit any forms or documents
49 with, any third party, including immigration or other authorities, on
50 behalf of or relating to the customer without the knowledge and consent
51 of the customer except where such disclosure or such submission is
52 required by law. A provider shall notify the customer in writing when
53 such provider has disclosed any information to or submitted any form or
54 document with immigration or other authorities when such disclosure or
55 submission was required by law and performed without the knowledge and
56 consent of the customer.
A. 6907 7
1 § 5. Section 460-f of the general business law, as amended by chapter
2 206 of the laws of 2014, is amended to read as follows:
3 § 460-f. Surety requirement. Every provider shall maintain in full
4 force and effect for the entire period during which the provider
5 provides immigrant assistance services and for one year after the
6 provider ceased to do business as [an immigrant assistance service] a
7 provider of immigration assistance services, a bond, contract of indem-
8 nity, or irrevocable letter of credit, payable to the people of the
9 state of New York, in the principal amount of fifty thousand dollars;
10 provided, however, that every provider that receives in excess of two
11 hundred fifty thousand dollars in total fees and other compensation for
12 providing immigrant assistance service during any twelve-month period
13 shall maintain in full force and effect a bond, contract of indemnity,
14 or irrevocable letter of credit, payable to the people of the state of
15 New York, in the principal amount of twenty percent of such total fees
16 and compensation. Such surety shall be for the benefit of any customer
17 who does not receive a refund of fees from the provider to which he or
18 she is entitled, or is otherwise injured by the provider. The attorney
19 general on behalf of the customer or the customer in his or her own
20 name, may maintain an action against the provider and the surety.
21 § 6. The general business law is amended by adding four new sections
22 460-l, 460-m, 460-n and 460-o to read as follows:
23 § 460-l. Reporting. 1. In conjunction with the division of immigration
24 policies and affairs, the director of the division of consumer
25 protection shall prepare and submit to the division of immigration poli-
26 cies and affairs, the governor, the temporary president of the senate,
27 and the speaker of the assembly a report that includes the following
28 information related to providers of immigration assistance services:
29 (a) the number of complaints received related to providers of immi-
30 gration assistance services, disaggregated by source and type;
31 (b) the number of proactive investigations that do not stem from a
32 complaint conducted by the division;
33 (c) the number of violations issued, disaggregated by type;
34 (d) the number of the violations issued that originated with a consum-
35 er complaint;
36 (e) the number of violations issued as a result of a proactive inves-
37 tigation by the division;
38 (f) the length of time the division required to investigate and deter-
39 mine whether to issue a violation for each complaint received;
40 (g) a description of the division's efforts to proactively investigate
41 providers of immigration assistance services;
42 (h) a description of the division's efforts to collaborate with other
43 law enforcement agencies on investigation, enforcement, and community
44 education efforts; and
45 (i) a description of changing trends in the provision of services and
46 common fraudulent schemes.
47 2. Such report shall be submitted on or before October first, two
48 thousand nineteen and every six months thereafter until the year two
49 thousand twenty-two, and shall include the information required by
50 subdivision one of this section as it relates to the six month period
51 prior to the submission of such report.
52 § 460-m. Community outreach and education. In conjunction with the
53 mayor's office of immigrant affairs, the department shall engage in
54 community outreach and education efforts to raise awareness about topics
55 including but not limited to common fraudulent schemes committed by
A. 6907 8
1 providers of immigration assistance services and the department's
2 complaint mechanisms and services.
3 § 460-n. Consumer bill of rights. a. In conjunction with the division
4 of immigration policies and affairs, the division of consumer protection
5 shall create a "Consumer Bill of Rights" for customers seeking assist-
6 ance from providers of immigration assistance services. Such bill of
7 rights shall be posted on the division's website in English, as well as
8 in the top six limited English proficiency languages spoken by the popu-
9 lation of the United States based on United States census data.
10 § 460-o. Severability. If any section, subsection, sentence, clause,
11 phrase or other portion of this article is, for any reason, declared
12 unconstitutional or invalid, in whole or in part, by any court of compe-
13 tent jurisdiction, such portion shall be deemed severable, and such
14 unconstitutionality or invalidity shall not affect the validity of the
15 remaining portions of this law, which shall continue in full force and
16 effect.
17 § 7. This act shall take effect immediately.