June 18, 2004
June 18, 2004
LANSING – At a ceremony today at the LASED (Latin Americans for Social and Economic Development) Senior Center in southwest Detroit, Governor Jennifer M. Granholm today signed bipartisan legislation that will better regulate services related to immigration matters.
Staff and volunteers from LASED advocated strongly for the bills, sponsored by State Representatives Steve Tobocman (D-Detroit) and Bill Huizenga (R-Zeeland), and surrounded the Governor as she signed the bills into law.
"These new laws will protect immigrants from being scammed by persons who pose as ‘immigration consultants’ to help them fill out the myriad of paperwork in order to obtain a work permit or visa," Granholm said. "Unsuspecting immigrants are often robbed of thousands of dollars as these consultants fill out unnecessary paperwork and documents. Many of these immigrants do not understand English well enough to file a complaint or take legal action against these scam artists."
The new laws would require that an immigration clerical assistant register with the Department of Labor and Economic Growth. An immigration clerical assistant is defined in the new law as "a person who is compensated for providing or offering services relating to any immigration matter. An immigration matter is defined as any matter affecting the immigrant, non-immigrant, or citizenship status of any person and would include federal and state administrative or court proceedings and/or filing accompanying documents for those proceedings.
The laws exempt immigration attorneys and those working under an attorney’s supervision, as well as nonprofit organizations that assist immigrants. It also exempts anyone handling an immigration matter and not being compensated.
The new laws require that immigration clerical assistants be bonded and that they enter into contracts with clients before services are provided or compensation is accepted. The contract would specify that it could be rescinded within 72 hours and that the immigration clerical assistant is not an attorney and is not authorized to perform any legal services. Also, the law states that immigration clerical assistants could not charge more than $20 per page for translation or
supporting documentation, not more than $10 per page to complete a government agency form, and an allowable amount for notary services.
The new laws prohibit immigration clerical assistants from dispensing legal advice or engaging in the unauthorized practice of the law. It provides penalties for violations of the new laws’ provisions, including up to 93 days in jail and/or a fine of not more than $1,000 for the first offense. The fine increases to $10,000 for a second offense.
"Michigan is a state that owes its very identity to immigrants – from the Finns and Italians who came to work in the copper mines in the U.P. in the late 1800s to the Latinos and Chaldeans who come to our cities today to improve their quality of life and economic opportunity," Granholm said. "Michigan’s diversity is her strength, and these new laws will help us better serve those who come to Michigan seeking to better their lives."
Michigan has attracted more than 500,000 immigrants, making it the 12th ranking state in the nation for foreign-born population.
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