Protecting Immigrants: A Move in the Right Direction

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A new bill proposes that immigration consultants be licensed by the Immigration and Naturalization Service. If it gets signed into law, will this bill prevent immigrants from getting faulty service? Maybe.

In recent years, and especially since December 2000 when the LIFE Act became a reality, a host of professional immigration con artists have come out of the woodwork looking to separate immigrants from their money and leave them in a position worse than the one they started out in.

Currently, anyone can call themselves an "immigration consultant," and while some are both ethical and legitimate with substantial experience, others know virtually nothing about immigration procedures or laws. The problem is that there is no governing agency to make sure consultants are doing their jobs. And when an immigrant has an immigration problem, he is hardly likely to open a can of worms by seeking to sue the consultant, or otherwise take the matter to legal authorities.

Some lawmakers have responded to this dilemma by proposing a bill that would require paid immigration consultants to obtain a license from the Immigration and Naturalization Service (INS).

In addition to giving professional advice, consultants generally fill out immigration forms, or assist immigrants in doing so, make attorney referrals if legal representation is required, prepare and arrange fingerprinting, identification photographs, notarization of documents and so on.

The bill also proposes that a legal contract be required before any services or fees be exchanged.

The cause is a noble one and the bill is a good idea. The big question is whether any of this will actually serve its purpose: to protect the consumer - in this case, immigrants. Well, maybe.

It will still be imperative that the consumer be very well informed. Immigrants stepping off the plane, boat or raft, are not aware of our laws and are often referred to underground consultants who are inexpensive and willing to bend the rules. A licensing requirement is unlikely to stop this practice and unlikely to scare consultants out of continuing status quo, in part because they've never had any interest in being legitimate anyway: their job is to tempt the immigrants with ways to "get around" the laws and tackle the process on the sly.

Immigrants wishing to make the USA their home, especially those from an economically or war torn country, are eager to stay here by any means, and rarely understand or care about legalities. They may very well trust the frauds before even thinking about trusting the Immigration and Naturalization Service.

And finally, the law does not apply to attorneys, which perhaps it should. While attorneys have definitely proven their general intelligence and fortitude by making it through law school and passing the grueling bar exam, their studies are broad in nature and do not focus on one specialization. Learning about specific types of laws comes primarily from post-graduate, work force learning. Therefore, any attorney can label him or herself as an immigration attorney without knowing much of anything about immigration law. This is why informed and savvy consumers are an essential component in preventing fraud; whether they choose a consultant or an attorney, and despite well-meaning and important regulatory efforts.

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