Senator Richard F. Colburn - A Shore Senator

Representatives of Catholic Charities speak in favor of bill
By KONRAD SUROWIEC
Staff Writer - Star Democrat
March 21, 2005

ANNAPOLIS — Representatives from Catholic Charities and other organizations spoke at a March 9 hearing before the Senate Finance Committee in support of a bill intended to protect immigrants from fraud.

“The purpose of Senate Bill 590 is to protect and prevent immigrants from being defrauded by individuals who are not licensed attorneys who provide immigration legal services,” wrote state Sen. Richard Colburn, R-37-Mid-Shore, in testimony submitted to the committee. Colburn sponsored SB 590, titled “Consumer Protection — Immigration Consulting Services.”

The bill would prohibit immigration consultants from providing legal services to immigrants, except for: an attorney licensed to practice law in Maryland; an individual authorized to represent persons in immigration matters under the Code of Federal Regulations; a non-profit organization accredited under the Code of Federal Regulations or a clinic affiliated with a law school in Maryland that provides free assistance.

Co-sponsors of SB 590 include Senators Janet Greenip, R-33-Anne Arundel; J. Robert Hooper, R-35-Harford; Phillip C. Jimeno, D-31-Anne Arundel; Alex Mooney, R-3-Frederick and Washington; and Norman R. Stone. Jr.-D-6-Baltimore County. Colburn said he became aware of the problem immigrants have with immigration consultants from Father Chris LaBarge, pastor of Immaculate Conception Catholic Church in Marydel, which has a large Spanish speaking community.

Colburn said there are cases where a phony consultant obtains a notary public license, then presents himself as a “notario publico,” which means public lawyer in Spanish. They misrepresent themselves as lawyers and promise immigration assistance they can’t legally provide.

“This does not stop them from taking their victims’ money, essentially selling the false hope of one day attaining valid, legal residence,” wrote Colburn.

Colburn said typical scams include: charging excessive fees to a client for immigration services and then not filing any documents; charging fees to prepare applications for services the client does not qualify for; and filing false or frivolous asylum claims on behalf of people who don’t speak or read English and have no idea what the application means.

“This bill is better than present law because it provides for a civil remedy,” said Gwenlynn Whittle D’Souza, an attorney from Rockville and member of Maryland’s Hispanic Bar Association.

People are “extremely hopeful and naive” when they enter the immigrant benefits world, said Muriel van den Berg, an attorney with Catholic Charities in Baltimore. She said the bill would encourage attorneys in private practice to take cases and go after fraudulent immigration consultants.

Janet L. Henry, an accredited paralegal with Catholic Charities, told the committee about a man from Guatemala who came to the United States in 1993 and qualified for permanent U.S. residence because his wife is an American citizen. Authorities put the man in deportation proceedings because he did business with a fraudulent immigration consultant. Henry said the Guatemalan man is “one of the fortunate ones” because he’s getting help to stop the deportation.

Jamie Kendrick, a lobbyist with the Services Employees International Union, was glad Colburn was willing to accept amendments to the bill from the House of Delegates. Kendrick said immigrants working as janitors for $6 or $7 an hour shouldn’t have to find out their hard earned money was wasted on phony immigration paperwork. He said he’s usually on opposing sides of political issues with Colburn, but complimented him for sponsoring the bill.

House Bill 691, which had a hearing before the House Economic Matters Committee March 9, adds a fourth category of provider of immigration legal services: a representative of an accredited non-profit organization who is accredited under the Code of Federal Regulations or has started the accreditation process before Jan. 5, 2006. HB 691 has 24 sponsors, including Del. Jeannie Haddaway, R-37B-Talbot.

Persons who fraudulently misrepresent themselves as attorneys or engage in the unauthorized practice of law are subject to civil penalties under both bills. The person who paid the immigration consultant can file a civil action to get his money back plus reasonable attorney’s fees. The court can award damages up to three times the amount paid to the consultant.

Under HB 691, violating the law is a misdemeanor subject to a maximum penalty of a year in jail and a $1,000 fine.

Both SB 590 and HB 691 set regulations for immigration consultants who are not attorneys or do not fit one of the other eligible categories to provide legal services to immigrants. An immigration consultant must post a sign, in English and in each language in which services are provided, stating the consultant is not a licensed attorney and may not provide legal forms, give legal advice, or provide legal services.

Colburn’s testimony said Vietnamese and Korean immigrants have also been victims of scam immigration consultants.

It’s a problem for all immigrants, not just Hispanic immigrants, said Patricia Chiriboga-Roby, an attorney with Catholic Charities.


Paid for by Citizens for Colburn Committee. Authority John W. Phillips, Jr., Treasurer		Representatives of Catholic Charities speak in favor of bill By KONRAD SUROWIEC Staff Writer - Star Democrat March 21, 2005 ANNAPOLIS — Representatives from Catholic Charities and other organizations spoke at a March 9 hearing before the Senate Finance Committee in support of a bill intended to protect immigrants from fraud. “The purpose of Senate Bill 590 is to protect and prevent immigrants from being defrauded by individuals who are not licensed attorneys who provide immigration legal services,” wrote state Sen. Richard Colburn, R-37-Mid-Shore, in testimony submitted to the committee. Colburn sponsored SB 590, titled “Consumer Protection — Immigration Consulting Services.” The bill would prohibit immigration consultants from providing legal services to immigrants, except for: an attorney licensed to practice law in Maryland; an individual authorized to represent persons in immigration matters under the Code of Federal Regulations; a non-profit organization accredited under the Code of Federal Regulations or a clinic affiliated with a law school in Maryland that provides free assistance. Co-sponsors of SB 590 include Senators Janet Greenip, R-33-Anne Arundel; J. Robert Hooper, R-35-Harford; Phillip C. Jimeno, D-31-Anne Arundel; Alex Mooney, R-3-Frederick and Washington; and Norman R. Stone. Jr.-D-6-Baltimore County. Colburn said he became aware of the problem immigrants have with immigration consultants from Father Chris LaBarge, pastor of Immaculate Conception Catholic Church in Marydel, which has a large Spanish speaking community. Colburn said there are cases where a phony consultant obtains a notary public license, then presents himself as a “notario publico,” which means public lawyer in Spanish. They misrepresent themselves as lawyers and promise immigration assistance they can’t legally provide. “This does not stop them from taking their victims’ money, essentially selling the false hope of one day attaining valid, legal residence,” wrote Colburn. Colburn said typical scams include: charging excessive fees to a client for immigration services and then not filing any documents; charging fees to prepare applications for services the client does not qualify for; and filing false or frivolous asylum claims on behalf of people who don’t speak or read English and have no idea what the application means. “This bill is better than present law because it provides for a civil remedy,” said Gwenlynn Whittle D’Souza, an attorney from Rockville and member of Maryland’s Hispanic Bar Association. People are “extremely hopeful and naive” when they enter the immigrant benefits world, said Muriel van den Berg, an attorney with Catholic Charities in Baltimore. She said the bill would encourage attorneys in private practice to take cases and go after fraudulent immigration consultants. Janet L. Henry, an accredited paralegal with Catholic Charities, told the committee about a man from Guatemala who came to the United States in 1993 and qualified for permanent U.S. residence because his wife is an American citizen. Authorities put the man in deportation proceedings because he did business with a fraudulent immigration consultant. Henry said the Guatemalan man is “one of the fortunate ones” because he’s getting help to stop the deportation. Jamie Kendrick, a lobbyist with the Services Employees International Union, was glad Colburn was willing to accept amendments to the bill from the House of Delegates. Kendrick said immigrants working as janitors for $6 or $7 an hour shouldn’t have to find out their hard earned money was wasted on phony immigration paperwork. He said he’s usually on opposing sides of political issues with Colburn, but complimented him for sponsoring the bill. House Bill 691, which had a hearing before the House Economic Matters Committee March 9, adds a fourth category of provider of immigration legal services: a representative of an accredited non-profit organization who is accredited under the Code of Federal Regulations or has started the accreditation process before Jan. 5, 2006. HB 691 has 24 sponsors, including Del. Jeannie Haddaway, R-37B-Talbot. Persons who fraudulently misrepresent themselves as attorneys or engage in the unauthorized practice of law are subject to civil penalties under both bills. The person who paid the immigration consultant can file a civil action to get his money back plus reasonable attorney’s fees. The court can award damages up to three times the amount paid to the consultant. Under HB 691, violating the law is a misdemeanor subject to a maximum penalty of a year in jail and a $1,000 fine. Both SB 590 and HB 691 set regulations for immigration consultants who are not attorneys or do not fit one of the other eligible categories to provide legal services to immigrants. An immigration consultant must post a sign, in English and in each language in which services are provided, stating the consultant is not a licensed attorney and may not provide legal forms, give legal advice, or provide legal services. Colburn’s testimony said Vietnamese and Korean immigrants have also been victims of scam immigration consultants. It’s a problem for all immigrants, not just Hispanic immigrants, said Patricia Chiriboga-Roby, an attorney with Catholic Charities.