Background: Michigan ranks 12th in the nation in the size of our foreign-born population (just above 500,000). Immigrants entering this country face increased scrutiny due to the heightened awareness and federal interventions imposed by federal agencies in response to the tragedies of September 11, 2001. As a result, new security measures and new Immigration Services procedures make it necessary for the individual to be able to rely on competent assistance in navigating such systems.

Many immigrants rely on private translation/immigration services as a way of overcoming language barriers, etc. However, according to an article published by Andrew Moore, visiting professor of law at the University of Detroit Mercy School of Law, many of the immigrants have been defrauded by people posing as attorneys or as persons authorized to give legal advice and assist in immigration matters. The State Bar of Michigan and non-profit immigration and refugee agencies report significantly more complaints in which people have been charged hundreds of dollars and received no services, or have had improper or false documents or applications filed on their behalf, in some cases, resulting in deportation charges. In summary, the failure to complete forms accurately has a negative impact on an immigrant’s status, naturalization, or work permit.

This bill intends to provide protection for residents in this state who seek information/assistance about naturalization and immigration matters from people hired to act in their behalf.

Description of Bill: The bill would prohibit an individual from providing “services” or acting as an “immigration clerical assistant” (ICA) unless the individual is placed on a list maintained by the Michigan Department of Labor and Economic Growth. “Services” means any action taken on behalf of any consumer for the benefit of that consumer or another individual regarding the immigrant status, nonimmigrant status, or citizenship status of any consumer or other individual. The types of immigration-related activities include transcribing responses onto government forms; translating to a non-English language; drafting applications and other paperwork for a consumer; giving advice to a consumer, etc.

Exemptions include:

•  An attorney licensed in any state; and their staff, working under direct supervision.
•  A law student or law school graduate who has not yet been admitted to the bar, provided a licensed attorney supervises them.
•  A reputable individual who has a personal, family, or business relationship with the individual subject to the immigration matter, and is working without compensation.
•  A non-profit religious, charitable, social service or similar organization recognized by the board of immigration appeals, and anyone representing such an organization.
•  Any individual representing an organization who only performs the following services relating to an immigration matter:
     -Translating documents from another language into English.
     -Notarizing signatures on documents.
     -Referring the consumer to an attorney.
     -Taking/arranging for the taking of photographs or fingerprints.
     -Conducing English language and civics courses for consumers.
     -Conducting educational or experimental evaluations for consumers.
•  A nonprofit religious, charitable, social service, or similar organization that provides the services listed under subdivision (e) without compensation.
•  (Amendment offered by Senator Garcia) A translation business that meets the following criteria:
     -Was an active member of the American Translators Association on September 1, 2001, and abides by and is subject to its code of ethical practices.
     -Is incorporated.
     -Keeps commercial offices in Michigan.
     -Derives 90% of its income from the translation business.
     -Has sales exceeding $100,000.00 per year in the translation business.
     -Was engaged in the translation business on September 1, 2001.

The bill requires the ICA to apply to the department to be added to the list and pay a $250 fee. The applicant shall provide proof of having a corporate surety or cash bond for at least $50,000.00. The department will make the list available to the public. The department will renew the listing every three years at a cost of $90, and a $20 fee will be charged for late renewals or record information changes. Failure to renew a listing or provide required information may result in removal from the list. The Department will provide an ICA a “notice of noncompliance” for expirations/cancellations of bonds, etc., in order to attempt to bring the ICA into compliance. Removal from the list can occur if a person fails to comply with listing requirements, fails to comply with bonding requirements, or by court order.

An ICA may charge the following for services:

•  Up to $20 per page for translation of supporting documentation.
•  Up to $10 per page to complete a government agency form.
•  The amount allowed under law for notarial acts.
•  A reasonable and fair fee for other services (i.e. photocopying, mailing, and telephone calls).

An ICA must have a contract for services and allow the consumer 72 hours to rescind the transaction. An ICA cannot offer legal advice on specified subjects, participate in the unauthorized practice of law, or represent that services rendered or offered constitute legal advice or legal services.

Violations of the act are misdemeanors, punishable for up to 93 days and/or a fine of not more than $1,000.00 A second or subsequent offense would be punishable for up to two years and/or a fine of not more than $10,000.00 A person injured by an ICA may bring a court action for equitable relief or damages, or both. The court shall also grant reasonable attorney fees and may order the ICA removed from the list for at least 5 years, or as otherwise ordered.

Summary of Arguments

Pro: One of the roles of government is to “help people help themselves.” This bill would allow the public to access a departmental listing to make sure the person they have hired to act on their behalf in immigration and other matters is in good standing and on a list of names authorized to perform such duties by the department. It is hoped that this bill would reduce the number of predators who promise results that can’t be delivered or those who pass themselves off as attorneys, and whose actions have been directly responsible for the deportation of many individuals who would otherwise be eligible for legal status.

Further, many people who solicit help in completing governmental forms are frightened that one false move could result in deportation or governmental reprisal. For this reason, they are often too willing to pay outrageous fees charged by people who might take advantage of them for these services. This bill keeps prices in check for ICA services and will hopefully create an adverse market demand situation for the people who are operating illegally and charging exorbitant fees.

The following support has been recorded in favor of this proposed bill:

American Immigration Lawyers’ Association, Michigan Chapter
Archdiocese of Detroit, Immigration Legal Services Program
Diocese of Grand Rapids
Diocese of Kalamazoo; Immigration Assistance Program
Freedom House
Hispanic Center of West Michigan
International Institute of Detroit
Michigan Advocacy Project
Michigan Organizing Project
Michigan Migrant Legal Assistance Project
State Bar of Michigan
Western Michigan Legal Services
Andrea Olivos-Kah; Attorney
Joseph Urgan, Attorney
Kellogg Corporation
Michigan Catholic Conference
Michigan Farm Bureau

Con: Creating a law to require individuals to be added to a list may not necessarily result in the elimination of “underground” immigration assistance services. The fear of many immigrants to interface with governmental authorities may continue to drive them underground to seek unauthorized services. As the purchasers of illicit services, many immigrants may be reluctant to report incidents involving underground service providers for fear of further governmental reprisal.

The department is not aware of any opponents of this legislation.

Fiscal/Economic Impact

(a) Department

Budgetary: The department estimates that the revenues charged for maintaining the list should be self-supportive, provided the bill directs the monies back toward the program.

Revenue: Although no solid figures can be provided, it is estimated that there may be as many as 500 individuals providing ICA services in Michigan. Therefore, as a rough estimate, 500 original applications would generate $125,000 (500 ICAs x $250), and renewal fees would generate $45,000 every three years, or $15,000 per year (500 ICAs x $90).

Comments: There is no way to accurately predict the number of ICAs that will seek to be added to the list, as those services are not currently quantified statistically. The department relied on the estimate provided by the legislative work group, which approximated 500 ICAs.

(b)State of Michigan

Budgetary: Section 9(3) states that the $250 will be used to “cover the costs of developing, maintaining, and administering the list;” therefore, the monies for the program are self-supporting. This bill should be neutral to the budget.

Revenue: Section 9(3) states that the $250 will be used to “cover the costs of developing, maintaining, and administering the list;” therefore, the monies for the program are self-supporting. This bill should be neutral to the budget.

Comments: The department currently maintains a list of interior design professionals. The costs of administering that program serve as a basis for determining the costs of administering the ICA program. Beyond the basic costs of developing and maintaining the list, this bill also adds the requirement for the department to serve “notice of non-compliance” if certain information is lacking, incomplete, or changes. The added costs of correspondence and processing were therefore added when calculating the cost/revenue basis.

(c)Local Government

Comments: This bill does not involve the department in enforcement activity. Instead, the local prosecutor would have that responsibility.

Other State Departments:
This bill does not affect other state departments.

Any Other Pertinent Information:
The department was an active participant in the workgroup that helped modify the language of the bill after introduction.

Administrative Rules Impact:
There are no administrative rules required by this act.