Ramifications of Georgia's new unlawful immigration assistance law

August 7, 2008

The Atlanta Chapter of the American Immigration Lawyers Association (AILA) has announced a significant new law recently went into effect, entitled the "Registration of Immigration Assistance Act." Aimee Todd, the Chair of AILA's Atlanta Chapter stated, "This new law provides some much needed regulation of those who are out there in the business of providing immigration assistance to foreign nationals.  Most importantly it goes a long way toward protecting this population from so called immigration consultants and notarios, and other non-attorneys who prey upon immigrant communities by charging exorbitant fees and making false claims of being able to obtain certain immigration benefits on their behalf."
 
The Registration of Immigration Assistance Act requires a non-attorney engaged in the provision of immigration assistance to be licensed by the Georgia Secretary of State's office.  A prospective immigration assistance provider must be at least 18 years of age; be a U.S. citizen or have valid legal immigration status in the U.S.; provide a criminal background report confirming no criminal convictions in the previous five years, other than traffic violations; and provide proof of a $5,000 performance bond.
 
Once licensed, an immigration assistance provider may not provide legal advice to a foreign national, which includes helping them determine how to answer a particular question on a government agency form.  The immigration assistance provider can only translate, complete and transcribe responses onto such forms, provided that advice is not offered as to how to answer the question on the form.  They are also able to help foreign nationals collect supporting documents, obtain any necessary photographs or fingerprints, as well as arrange for any required medical examination.
 
Complaints may be made about immigration assistance providers directly to the Georgia Secretary of State's office, which also has broad investigatory and enforcement powers.  Civil penalties may be imposed against immigration assistance providers at a rate of up to $1,000 per violation not to exceed $50,000.  Anyone who violates a provision of this law is also guilty of a misdemeanor for a first offense, and a high and aggravated misdemeanor for any subsequent violation within 5 years.
 
"In virtually every ethnic community in Georgia, we have a serious problem with individuals who are not lawyers, usually from that same community, ripping off foreign nationals who are desperate to legalize their status," said Romy Kapoor, an Atlanta immigration lawyer and Director of the American Immigration Lawyers Association.  He went on to state, "While we need sensible immigration reform at the national level that balances our security, economic and moral concerns, this new Georgia law should go a long way toward protecting foreign nationals from unscrupulous persons practicing immigration law without authorization, as well as giving them some recourse when they are taken advantage of by these individuals."