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| Public Act 094-0238 |
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Consumer Fraud and Deceptive Business | ||||
Practices Act is amended by changing Section 2AA as follows:
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(815 ILCS 505/2AA)
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Sec. 2AA. Immigration services.
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(a) "Immigration matter" means any proceeding, filing, or | ||||
action
affecting the nonimmigrant, immigrant or citizenship | ||||
status of any person
that arises under immigration and | ||||
naturalization law, executive order or
presidential | ||||
proclamation of the United States or any foreign country, or
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that arises under action of the United States Citizenship and | ||||
Immigration Services, the United States Department of Labor, or | ||||
the
United States Department of State.
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"Immigration assistance service" means any information
or | ||||
action provided or offered to customers or prospective | ||||
customers related to immigration matters, excluding legal | ||||
advice, recommending a specific course of legal action, or | ||||
providing any other assistance that requires legal analysis, | ||||
legal judgment, or interpretation of the law.
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"Compensation" means money, property, services, promise of | ||||
payment,
or anything else of value.
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"Employed by" means that a person is on the payroll of the | ||||
employer
and the employer deducts from the employee's paycheck | ||||
social security and
withholding taxes, or receives | ||||
compensation from the employer on a
commission basis or as an | ||||
independent contractor.
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"Reasonable costs" means actual costs or, if actual costs | ||||
cannot be
calculated, reasonably estimated costs of such things | ||||
as photocopying,
telephone calls, document requests, and | ||||
filing fees for immigration forms,
and other nominal costs | ||||
incidental to assistance
in an immigration matter.
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(a-1) The General Assembly finds and declares that private | ||
individuals who
assist persons with immigration matters have a | ||
significant impact on the
ability of their clients to reside | ||
and work within the United States and to
establish and maintain | ||
stable families and business relationships. The General
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Assembly further finds that that assistance and its impact also | ||
have a
significant effect on the cultural, social, and economic | ||
life of the State of
Illinois and thereby substantially affect | ||
the public interest. It is the
intent of the General Assembly | ||
to establish rules of practice and conduct for
those | ||
individuals to promote honesty and fair dealing with residents | ||
and to
preserve public confidence.
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(a-5) The following persons are exempt from this Section, | ||
provided they
prove the exemption by a preponderance of the | ||
evidence:
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(1) An attorney licensed to practice law in any state | ||
or territory of
the United States, or of any foreign | ||
country when authorized by the
Illinois Supreme Court, to | ||
the extent the attorney renders immigration
assistance | ||
service in the course of his or her practice as an | ||
attorney.
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(2) A legal intern, as described by the rules of the | ||
Illinois Supreme
Court, employed by and under the direct | ||
supervision of a licensed attorney
and rendering | ||
immigration assistance service in the course of the | ||
intern's
employment.
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(3) A not-for-profit organization recognized by the | ||
Board of Immigration
Appeals under 8 C.F.R. 292.2(a) and | ||
employees of those organizations accredited
under 8 C.F.R. | ||
292.2(d).
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(4) Any organization employing or desiring to employ an | ||
alien or
nonimmigrant alien, where the organization, its | ||
employees or its agents
provide advice or assistance in | ||
immigration matters to alien or nonimmigrant
alien | ||
employees or potential employees without compensation from | ||
the
individuals to whom such advice or assistance is | ||
provided.
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Nothing in this Section shall regulate any business to the | ||
extent
that such regulation is prohibited or preempted by State | ||
or federal law.
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All other persons providing or offering to provide | ||
immigration
assistance service shall be subject to this | ||
Section.
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(b) Any person who provides or offers to provide | ||
immigration assistance
service may perform only the following | ||
services:
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(1) Completing a government agency
form, requested by | ||
the customer and appropriate to the customer's
needs,
only | ||
if the completion of that form does not involve a legal
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judgment
for that particular matter.
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(2) Transcribing responses to a government agency form | ||
which is
related to an immigration matter, but not advising | ||
a customer as to his or
her answers on those forms.
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(3) Translating information on forms to a customer and | ||
translating the
customer's answers to questions posed on | ||
those forms.
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(4) Securing for the customer supporting documents | ||
currently in
existence, such as birth and marriage | ||
certificates, which may be needed to
be submitted with | ||
government agency forms.
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(5) Translating documents from a foreign language into | ||
English.
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(6) Notarizing signatures on government agency forms, | ||
if the person
performing the service is a notary public of | ||
the State of Illinois.
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(7) Making referrals, without fee, to attorneys who | ||
could undertake
legal representation for a person in an | ||
immigration matter.
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(8) Preparing or arranging for the preparation of | ||
photographs and
fingerprints.
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(9) Arranging for the performance of medical testing
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(including X-rays and AIDS tests) and the obtaining of | ||
reports of such test
results.
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(10) Conducting English language and civics courses.
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(11) Other services that the Attorney General | ||
determines by rule may be
appropriately performed by such | ||
persons in light of the purposes of this
Section.
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Fees for a notary public, agency, or any other person who | ||
is not an attorney or an accredited representative filling out | ||
immigration forms shall be limited to the maximum fees set | ||
forth in subsections (a) and (b) of Section 3-104 of the Notary | ||
Public Act (5 ILCS 312/3-104). The maximum fee schedule set | ||
forth in subsections (a) and (b) of Section 3-104 of the Notary | ||
Public Act shall apply to any person that provides or offers to | ||
provide immigration assistance service performing the services | ||
described therein. The Attorney General may promulgate rules | ||
establishing maximum fees that may be charged for any services | ||
not described in that subsection. The maximum fees must be | ||
reasonable in light of the costs of providing those services | ||
and the degree of professional skill required to provide the | ||
services.
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No person subject to this Act shall charge fees directly or
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indirectly for referring an individual to an attorney or for | ||
any
immigration matter not authorized by this Article, provided | ||
that a person may
charge a fee for notarizing documents as | ||
permitted by the Illinois Notary
Public Act.
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(c) Any person performing such services shall register with | ||
the Illinois
Attorney General and submit verification of | ||
malpractice insurance or of a
surety bond.
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(d) Except as provided otherwise in this subsection, before | ||
providing
any
assistance in an immigration matter a person | ||
shall provide the customer with
a written contract that | ||
includes the following:
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(1) An explanation of the services to be performed.
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(2) Identification of all compensation and costs to be | ||
charged to the
customer for the services to be performed.
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(3) A statement that documents submitted in support of | ||
an application
for nonimmigrant, immigrant, or | ||
naturalization status may not be retained
by the person for | ||
any purpose, including payment of compensation or costs.
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This subsection does not apply to a not-for-profit | ||
organization that
provides advice or assistance in immigration | ||
matters to clients without charge
beyond a reasonable fee to | ||
reimburse the organization's or clinic's reasonable
costs | ||
relating to providing immigration services to that client.
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(e) Any person who provides or offers immigration | ||
assistance service and
is not exempted from this Section, shall | ||
post signs at his or her place of
business, setting forth | ||
information in English and in every other language in
which the
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person provides or offers to provide immigration assistance | ||
service. Each
language shall be on a separate sign. Signs shall | ||
be posted in a location
where the signs will be visible to | ||
customers. Each sign shall be at least
11 inches by 17 inches, | ||
and shall contain the following:
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(1) The statement "I AM NOT AN ATTORNEY LICENSED TO | ||
PRACTICE LAW AND
MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES | ||
FOR LEGAL ADVICE."
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(2) The statement "I AM NOT ACCREDITED TO REPRESENT YOU | ||
BEFORE THE
UNITED STATES IMMIGRATION AND NATURALIZATION | ||
SERVICE AND THE IMMIGRATION
BOARD OF APPEALS."
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(3) The fee schedule.
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(4) The statement that "You may cancel any contract
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within 3 working days and get your money back for services | ||
not performed."
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(5) Additional information the Attorney General may | ||
require by rule.
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Every person engaged in immigration assistance service who | ||
is not an
attorney who advertises immigration assistance | ||
service in a language other
than English, whether by radio, | ||
television, signs, pamphlets, newspapers,
or other written | ||
communication, with the exception of a single desk plaque,
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shall include in the document, advertisement, stationery, | ||
letterhead, business card, or other comparable written | ||
material the following notice in English and the language in | ||
which the written communication appears. This notice shall be
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of a conspicuous size, if in writing, and shall state: "I AM | ||
NOT AN
ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY | ||
NOT GIVE LEGAL ADVICE OR ACCEPT
FEES FOR LEGAL ADVICE." If such | ||
advertisement is by radio or television,
the statement may be | ||
modified but must include substantially the same message.
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Any person who provides or offers immigration assistance | ||
service and is not exempted from this Section shall not, in any | ||
document, advertisement, stationery, letterhead, business | ||
card, or other comparable written material, literally | ||
translate from English into another language terms or titles | ||
including, but not limited to, notary public, notary, licensed, | ||
attorney, lawyer, or any other term that implies the person is | ||
an attorney. To illustrate, the words
word "notario" and "poder | ||
notarial" are
is prohibited under this provision.
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If not subject to penalties under subsection (a) of Section | ||
3-103 of the Notary Public Act (5 ILCS 312/3-103), violations | ||
of this subsection shall result in a fine of $1,000. Violations | ||
shall not preempt or preclude additional appropriate civil or | ||
criminal penalties.
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(f) The written contract shall be in both English and in | ||
the language
of the customer.
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(g) A copy of the contract shall be provided to the | ||
customer upon the
customer's execution of the contract.
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(h) A customer has the right to rescind a contract within | ||
72 hours after
his or her signing of the contract.
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(i) Any documents identified in paragraph (3) of subsection | ||
(c) shall be
returned upon demand of the customer.
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(j) No person engaged in providing immigration services who | ||
is not exempted under this Section shall do any
of the | ||
following:
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(1) Make any statement that the person can or will | ||
obtain special favors
from or has special influence with | ||
the United States Immigration and
Naturalization Service | ||
or any other government agency.
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(2) Retain any compensation for service not performed.
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(2.5) Accept payment in exchange for providing legal | ||
advice or any other assistance that requires legal | ||
analysis, legal judgment, or interpretation of the law.
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(3) Refuse to return documents supplied by, prepared on | ||
behalf of, or paid
for by the customer upon the request of | ||
the customer. These documents must be
returned upon request | ||
even if there is a fee dispute between the immigration
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assistant and the customer.
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(4) Represent or advertise, in connection with the | ||
provision assistance
in immigration matters, other titles | ||
of credentials, including but not
limited to "notary | ||
public" or "immigration consultant," that could cause a
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customer to believe that the person possesses special | ||
professional skills or
is authorized to provide advice on | ||
an immigration matter; provided that a
notary public | ||
appointed by the Illinois Secretary of State may use the | ||
term
"notary public" if the use is accompanied by the | ||
statement that the person
is not an attorney; the term | ||
"notary public" may not be translated to another language; | ||
for example "notario" is prohibited.
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(5) Provide legal advice, recommend a specific course | ||
of legal action, or provide any other assistance that | ||
requires legal analysis, legal judgment, or interpretation | ||
of the law.
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(6) Make any misrepresentation of false statement, | ||
directly or
indirectly, to influence, persuade, or induce | ||
patronage.
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(k) (Blank)
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(l) (Blank)
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(m) Any person who violates any provision
of this Section, | ||
or the rules and regulations issued
under this Section, shall | ||
be guilty of a Class A misdemeanor for a first
offense and a | ||
Class 3 felony for a second or subsequent offense committed
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within 5 years of a previous conviction for the same offense.
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Upon his own information or upon the complaint of any | ||
person, the
Attorney General or any State's Attorney, or a | ||
municipality with a
population of more than 1,000,000, may | ||
maintain an action for injunctive
relief and also seek a civil | ||
penalty not exceeding $50,000 in the circuit court
against any | ||
person who violates any provision of
this Section. These | ||
remedies are in addition to, and not in substitution
for, other | ||
available remedies.
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If the Attorney General or any State's Attorney or a | ||
municipality
with a population of more than 1,000,000 fails to | ||
bring an action as
provided under this Section any person may | ||
file a civil action to
enforce the provisions of this Article | ||
and maintain an action for
injunctive relief, for compensatory | ||
damages to recover prohibited fees, or for such additional | ||
relief as may be appropriate to
deter, prevent, or compensate | ||
for the violation.
In order to deter violations of this | ||
Section, courts shall not require a
showing of the traditional | ||
elements for equitable relief. A prevailing
plaintiff may be | ||
awarded 3 times the prohibited fees or a minimum of $1,000 in
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punitive damages, attorney's fees, and costs of
bringing an | ||
action under this Section.
It is the express intention
of the | ||
General Assembly that remedies for violation of this Section be
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cumulative.
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(n) No unit of local government, including any home rule | ||
unit, shall have
the authority to regulate immigration | ||
assistance services unless such
regulations are at least as | ||
stringent as those contained in this amendatory
Act of 1992. It | ||
is declared to be the law of this State, pursuant to
paragraph | ||
(i) of Section 6 of Article VII of the Illinois Constitution of
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1970, that this amendatory Act of 1992 is a limitation on the | ||
authority of a
home rule unit to exercise powers concurrently | ||
with the State. The
limitations of this Section do not apply to | ||
a home rule unit that has,
prior to the effective date of this | ||
amendatory Act, adopted an ordinance
regulating immigration | ||
assistance services.
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(o) This Section is severable under Section 1.31 of the | ||
Statute on Statutes.
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(p) The Attorney General shall issue rules not inconsistent | ||
with this
Section for the implementation, administration, and | ||
enforcement of this
Section by January 1, 1995. The rules may | ||
provide for the following:
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(1) The content, print size, and print style of the | ||
signs required under
subsection (e). Print sizes and styles | ||
may vary from language to language.
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(2) Standard forms for use in the administration of | ||
this Section.
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(3) Any additional requirements deemed necessary.
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(Source: P.A. 93-1001, eff. 8-23-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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