Assigned to JUD                                                                                                                              FOR COMMITTEE

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR H.B. 2341

 

immigration and nationality law practice

 

Purpose

 

            Changes from a class 1 misdemeanor to a class 6 felony the unauthorized practice of immigration and nationality law and authorizes the Attorney General to investigate violations in accordance with consumer fraud laws.

 

Background

 

Arizona enacted the Immigration and Nationality Law Practice Act (the Act) in 1993.  The purpose of the Act is to prevent the unauthorized or fraudulent practice of immigration and nationality law.  The Act authorizes attorneys, law students, United States government officials and family or acquaintances who are not being paid for their assistance to provide legal advice, prepare papers, prepare or file briefs or appear on someone else’s behalf.  Anyone who performs these actions in violation of the Act is guilty of a class 1 misdemeanor.

 

H.B. 2341 increases the penalty for violation of the Act from a class 1 misdemeanor to a class 6 felony.  The State Bar of Arizona believes this legislation is necessary because of reported incidents of consumers being taken advantage of by persons who hold themselves out as legal consultants but have no legal training.   

 

            Any potential fiscal impact is unknown at this time.

 

Provisions

 

1.      Increases the penalty for violating this Act from a class 1 misdemeanor to a class 6 felony.

 

2.      Allows the Attorney General to prosecute violations of this Act in accordance with consumer fraud laws.

 

3.      Requires law students and law graduates who are not admitted to the State Bar of Arizona to meet both of the following requirements, rather than one requirement, in order to provide representation in immigration and nationality cases:

 

a)      Appear at the applicant’s request.

b)      Appear on behalf of the applicant with the permission of the official hearing the case.

 

4.      Specifies that sentence enhancement laws for multiple felony violations do not apply to violations of this Act.

 

5.      Expands definition of “original document” to include United Nations documents.

6.      Clarifies that persons who are not authorized under this Act may not prepare immigration or naturalization applications or forms.

 

7.      Makes technical and conforming changes.

 

8.      Provides for a general effective date.

 

House Action

 

JUD                 1/29/02            DPA    10-0-0-0

3rd Read           2/12/02            DP       54-5-1-0

 

 

Prepared by Senate Staff

March 22, 2002