House of Representatives

HB 2341

immigration and nationality law practice

Sponsors: Representative Voss, Senators Richardson, Gerard, Rios et al

 

dpa

Committee on Judiciary

dpa

Caucus and COW

dp

Third Read

 

DP

As Passed the House

X

As Transmitted to the Governor

 

HB 2341 increases the penalty for unauthorized practice of immigration and nationality law.

History

The stated purpose of Arizona’s Immigration and Nationality Law Practice Act is to prevent the unauthorized practice of immigration and nationality law by nonlawyers who hold themselves out as immigration consultants rendering services in immigration, nationality or citizenship matters and who are outside pertinent federal regulations regulating the practice of immigration law and the unauthorized practice of this state’s law by attorneys not admitted to the practice of law by the State Bar of Arizona.

 

At the present time, a law student or a law school graduate not yet admitted to the bar may represent a person desiring immigration and nationality services as long as the student or graduate is appearing on an individual case basis or has received the permission of the official before whom the student or graduate must appear.  Currently, a person who represents a person desiring immigration and nationality services in violation of the law is guilty of a Class 1 misdemeanor (up to six months in jail/$2,500 fine).

Provisions

§         Deletes the definition of immigration consultant.

§         Includes any United Nations document in the definition of original document.

§         Stipulates that a person desiring immigration and nationality services may be represented by a law student or law school graduate only if the law student or law school graduate both:

v     Is appearing on an individual case basis at the request of the person desiring the services.

v     Has obtained permission from the official before whom the student or graduate wishes to appear.

§         Specifies that no person may prepare applications or forms except as otherwise provided in this section.

§         Specifies that the provisions of this article are in addition to all other causes of action, remedies and penalties that are available in this state.

§         Maintains that the Attorney General may initiate proceedings to prevent or stop violations of this chapter and further states that the Attorney General may initiate proceedings to stop a violation of this chapter.

§         Makes a violation of this chapter a Class 6 felony (up to one year in jail/$150,000 fine).

§         Specifies that Arizona’s sentence enhancement statute shall not apply to two or more violations of this statute.

§         Authorizes the Attorney General to investigate and take appropriate action pursuant to Arizona’s consumer fraud laws against a person who violates this chapter.

§         Makes technical and conforming changes.

 

 

 

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45th Legislature                    

Second Regular Session        2          May 2, 2002

 

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