USCIS Fights Immigration Services Scams: Part II

Three Pillars: Enforcement, Education, Continued Collaboration


Enforcement

The enforcement component of the initiative focuses on collaboration between federal, state and local law enforcement partners to support investigation and prosecution efforts. As part of this effort, USCIS developed information for our Web resource center regarding state laws prohibiting UPIL as well as each state’s process for reporting having been a victim of UPIL.

Additionally, USCIS has signed a memorandum of understanding with the FTC which for the first time grants USCIS Fraud Detection and National Security officers access to FTC’s Consumer Sentinel Network. Sentinel, as the network is called, is a secure online database that holds more than 6 million consumer fraud complaints. Shared with more than 500 law enforcement entities including ICE, DOJ and now USCIS, it is the primary repository for cases involving allegations of immigration services scams. Sentinel will serve as an investigative tool for USCIS Fraud Detection and National Security officers and will bolster communication between organizations on immigration services scam-related cases.

Education

The education component of the initiative focuses on empowering immigrant communities and all USCIS applicants and petitioners to avoid unscrupulous individuals and businesses engaged in UPIL. USCIS’s efforts are primarily aimed at providing immigrants with the information they need to make wise choices when seeking legal advice and representation on immigration matters. This information will include guidance on how to verify the eligibility of individuals who claim to be attorneys or accredited representatives, and how to recognize and avoid individuals and businesses that are engaged in UPIL.

Fundamental to this effort is a collection of educational resources developed by USCIS through close collaboration with all our partners and colleagues. The central message of the materials: “The Wrong Help Can Hurt – Beware of Immigration Scams.”

The collection includes:

A Web resource center

Brochures

Posters

Print public service announcements (PSAs)

Radio PSAs

Billboards and transit PSAs

A Web video

All printed materials and radio PSA scripts are available in English and Spanish; information in 12 additional languages (Arabic, Chinese, Creole, French, Korean, Polish, Portuguese, Russian, Somali, Tagalog, Vietnamese and Urdu) will be available online.

USCIS is committed to educating those seeking immigration help. We remind them that The Wrong Help Can Hurt, and that sometimes people pretend to be immigration experts to deceive them and take their money. This is against the law.

Other people may offer to help individuals complete their forms and may have good intentions, but are not qualified to provide advice on immigration law or procedures.

USCIS urges individuals to learn the facts and protect themselves, their families, and their community from immigration services scams.

Continued Collaboration

A key focus of the collaboration component of the initiative seeks to increase the number of Board of Immigration Appeals (BIA)-recognized organizations and accredited representatives, particularly in underserved areas. Organizations seeking to provide legal advice and representation in immigration matters must be recognized by BIA. BIA is part of DOJ’s Executive Office of Immigration Review (EOIR).

To this end, USCIS is working closely with partners in the DOJ Access to Justice Program, EOIR programs (the Recognition and Accreditation program and the Legal Orientation and Pro Bono program), and the FTC to expand access to immigration legal services for those who seek legal assistance and/or representation before USCIS. This includes increasing the visibility of the BIA recognition and accreditation process and all free and low-cost services currently available. As part of this effort, USCIS developed information for our Web resource center regarding becoming an authorized service provider and finding legal services.

In addition, USCIS has developed guidance for its district offices concerning their role in the BIA recognition and accreditation process to ensure that we provide thorough and timely input on all applications filed by organizations seeking recognition and/or requests for accreditation of individuals as representatives.


Lessons Learned

In the course of the engagements in partner cities, some stakeholders raised the following issues.

Scope of the problem

Individual stakeholders explained that many unscrupulous practitioners prey on immigrants, often from within their own ethnic communities, by:

Charging for services and resources that USCIS provides for free; and

Claiming that they can help someone obtain an immigration benefit faster than usual or a benefit for which the victim is ineligible.

The stakeholders reported that these practitioners often advertise:

Through word of mouth

On fliers

On storefronts

Through the Internet

Through the media

In addition, some stakeholders recognized that many well-intentioned practitioners can cause harm to the immigrants they are seeking to help, if they don't have the requisite immigration experience or education to give sound legal advice.

Public Education Topics

Some stakeholders explained the need for an extensive public education campaign with a focus on how to:

Identify and avoid UPIL;

Find trustworthy legal assistance; and

Report having been a victim of UPIL.

Some stakeholders requested additional information regarding:

The difference between a “notario,” and a notary public; and

More general, easily understood information on USCIS forms and fees and the immigration system in general.

Enforcement

Some stakeholders agreed that it remains a challenge for federal, state and local law enforcement to find victims who are willing to report these crimes, due to a lack of understanding about how to report, reluctance to trust government authorities, and the fact that there may be no available immigration remedies.

In many jurisdictions, there was some misunderstanding about the various roles played by USCIS, ICE, FTC, DOJ, and state and local authorities in accepting complaints, investigating, and prosecuting these cases. This confusion points to the need for greater clarity about the roles of each of the relevant federal, state and local government agencies. Some stakeholders highlighted the need for stronger collaboration and enhanced information sharing among federal, state and local government agencies seeking to combat this problem.

Education Vehicles

Some stakeholders identified ethnic media and community leaders as the most effective vehicles for information dissemination. Others suggested providing educational materials in places where immigrants are likely to congregate and share information, including:

Consulates

Schools

English as a Second Language (ESL) classes

Refugee resettlement agencies

USCIS offices

Community-based organizations

Libraries

Local businesses

Continued Collaboration

In discussions about how to increase the number of authorized representatives, some stakeholders raised the following issues:

People needing immigration help are often unaware of the resources that already exist; and

Organizations providing immigration services need more information on how to become authorized providers and what constitutes UPIL.

Some stakeholders encouraged USCIS to share the list of BIA-recognized organizations with community organizations, congressional offices and other entities that work closely with the immigrant community. Other individual stakeholders suggested leveraging existing grant programs for purposes of this initiative, including grants for immigrant integration, elder abuse or consumer protection, which could potentially be used to fund outreach and capacity building efforts.


Conclusion

Combating immigration services scams is a priority for USCIS and all our partners, and for the past 18 months we have worked together on this initiative. It is an outstanding example of all levels of government working together to fight a serious problem.