New Ordinance to Help Stop Phila. Immigration Fraud

New Ordinance to Help Stop Phila. Immigration Fraud Vanessa Stine, The Legal IntelligencerDecember 22, 2014 Last spring, “Mario,” a Friends of Farmworkers client, testified at a Philadelphia City Council hearing about how he had become a victim of fraudulent immigration services. Mario lost $15,000—his entire life savings—to this fraud and, after suffering from a severe work accident that left his hand immobile, he was deported back to his home country. In his testimony, he said, “I feel like my life is over. I’ve lost my savings, my hand, and my family. I am separated from my wife and my two children, and I cannot find work to support them or myself.” He asked City Council to “do something to stop people like the man who took everything from me. My life is already over, but you can stop him from ruining other immigrants’ lives.” The man who took advantage of Mario is not a lawyer. Mario had gone to his office in Philadelphia for help filing his taxes, and when the man realized that Mario was undocumented, he told Mario that he could help him get a green card. Mario believed him because he desperately wanted it to be true, although he had always been told that there was no way under current law for him to legalize his status. In fact, any competent immigration lawyer would have known immediately that Mario was not eligible for immigration relief of any kind. Thus began Mario’s loss of an entire year’s worth of wages to a charlatan who promised him the impossible. Immigration services fraud schemes like this one are concocted by nonlawyers looking to make an easy profit by exploiting immigrants’ hopes and expectations that there must be some way to legalize their status, although under current law this is simply not true for most undocumented people. Fraudsters lie to their victims about the availability of immigration relief, about their own professional qualifications, and, often, about the total amount of money they plan to charge for their fraudulent services. These consumer fraud schemes can devastate immigrant families supported by low-wage workers like landscapers and farmworkers, who already struggle to make rent payments and put food on the table. Immigrants fall prey to these kinds of schemes because of the intense desire to legalize their status, which they often see as the first necessary step toward a better life for themselves and their children. Their vulnerabilities are exacerbated by misconceptions about how our legal system works and who can provide legal assistance. They are easily exploited because of language barriers and a fear of reporting any kinds of abuses they suffer; many come from countries where law enforcement is extremely corrupt and people are therefore not accustomed to turning to authorities for help. Victims of these schemes also often stay silent for fear of retaliation or because the scheme has resulted in their deportation and they find themselves without access to the U.S. justice system. With President Obama’s recent announcement of his executive action to implement immigration reforms, immigration services scams will be on the rise, particularly in cities like Philadelphia with large and growing immigrant populations. One way that local governments can take action to solve this problem is to regulate businesses that offer immigration-related services. Friends of Farmworkers and other allies have worked closely with Councilman Dennis O’Brien’s office over the last year on drafting an ordinance to do just that. After months of planning and many revisions, on Dec. 11, City Council answered Mario’s call to action by passing Bill No. 140142. The ordinance is expected to be signed into law by the mayor in January 2015 and will take effect six months later. This ordinance will allow legitimate businesses that provide services like translation and requesting certified copies of official documents to continue to operate and help curtail immigration services fraud by (1) requiring any business providing immigration-related services in Philadelphia to register with the city, (2) outlining prohibited activities for these providers, (3) creating safeguards to inform and protect immigrant customers, and (4) establishing enforcement provisions and penalties. Annual Registration Under this provision, any person who is required to hold a Commercial Activity License and who provides immigration-related services must register annually with the city. The registration list will be made accessible to the public and will create a mechanism by which both registered and non-registered businesses can more easily be held accountable. Consumer Education The ordinance is designed to provide immigrant consumers with accurate information, including the fact that nonlawyers should not provide legal advice or assistance. Many of the provisions specifically target commonly used deceptive practices identified by community members and immigrant advocates, and some have already been called innovative by advocates in other states. Businesses will be required to: • Post a multilingual sign, provided by the city, to warn their customers that the provider is neither a licensed lawyer nor authorized to provide legal assistance. • Provide each customer with a multilingual brochure that outlines the consumer’s rights, the provider’s responsibilities, and the steps for reporting fraud. • Provide each customer with a written contract for services in a language the customer understands, copies of any documents that are prepared, and receipts for all payments. • Obtain a bond surety. • Make certain disclosures in advertising. Prohibited Acts Under the new ordinance, registered businesses will be on notice that they may not: • Give legal advice concerning any immigration matter. • Make claims about their ability to produce particular outcomes, about special relationships with immigration officials, or about their ability to influence the U.S. Department of Homeland Security. • Keep money for services never actually performed. • Retain documents belonging to the customer upon termination of the contract. Penalties and Enforcement Upon determination by Philadelphia’s Department of Licenses and Inspections (L&I) that a business has violated the ordinance, L&I can suspend a business’s commercial license or issue a cease operations order. Additionally, the ordinance creates a private right of action that enables victims to bring actions for injunctive relief and compensatory and punitive damages. Attorneys at Friends of Farmworkers have a long history of advocacy on issues related to the unauthorized practice of law. FOF’s general counsel, Arthur N. Read, has worked on combating immigration services fraud at the state level through the Pennsylvania Bar Association’s unauthorized practice of law committee for many years. In September, FOF partnered with Equal Justice Works fellow Vanessa Stine to launch a new initiative, the Notario Fraud Project, and began providing legal assistance to low-wage immigrant workers who have been the victims of immigration services scams. While the Philadelphia City Council’s new ordinance will provide an additional level of protection for consumers of immigration-related services, this and other legal protections are only effective if properly utilized. FOF asks members of the legal community to be proactive about this problem and refer possible victims of immigration services fraud directly to us. You can reach Stine at 215-733-0878, extension 140. Together, we can help ensure that some of the most vulnerable members of our community are better protected. Members of Friends of Farmworkers, especially Meredith Rapkin and Stephanie Dorenbosch, contributed to this article. Vanessa Stine joined Friends of Farmworkers in the fall as an Equal Justice Works fellow. Her fellowship project provides direct representation, advocacy and community education to low-income consumers who have been victims of predatory and fraudulent immigration services in Pennsylvania.

Warning: Suspected L&I Impersonator a Message from L&I Commissioner

Please be advised that L&I has received several reports of an individual purporting to be an L&I inspector seeking entry to occupied homes and/or side yards. This individual has knocked on doors and told residents that he is an L&I inspector and needed to enter their property to perform an inspection due to violations at an adjac…ent property or to perform abatement work. The individual may have been wearing a badge similar to that carried by L&I and CLIP inspectors but refused to show identification and grew agitated when denied entry. It is believed that this individual is not a City employee but is rather impersonating an inspector.

Please advise your constituents that L&I inspectors will always be wearing an L&I uniform and will produce identification. If they have any doubt that an individual purporting to be from L&I is in fact a Department employee, they should refuse entry and call 911 immediately.

Looking for some Holiday fun?

Macy’s Christmas Light Show at Macy’s Center City  1300 Market Street

A Philadelphia tradition since 1956, the Christmas Light Show at Macy’s in Center City illuminates a large wall inside the Wanamaker building, a National Historic Landmark, with almost 100,000 LED lights that dance to the sounds of the Wanamaker Organ. Head to the third floor of Macy’s to experience the 6,000-square-foot “Dickens Village”, which brings Charles Dickens’ classic A Christmas Carolto life with more than 100 fully animated figures reenacting 26 of the story’s most memorable moments.

 

The Comcast Holiday Spectacular  1701 John F Kennedy Blvd

Prepare to be impressed by the Comcast Holiday Spectacular, a festive film experience on one of the largest four-millimeter LED screens in the world featuring enchanting holiday scenes and computer generated animations. Located in the lobby of The Comcast Center in Center City, the 15-minute shows run every hour on the hour from 10 a.m. to 8 p.m. (no shows at 5 p.m. during the week).

 

Blue Cross RiverRink Winterfest  201 South Columbus Blvd

Building off the success of the summer’s Spruce Street Harbor Park, the revamped Blue Cross RiverRink Winterfest features ice skating, food and drink, shopping and family-fun on the waterfront. The centerpiece is the Blue Cross RiverRink, a regulation-sized ice skating rink at Penn’s Landing with spectacular views of the Benjamin Franklin Bridge and Delaware River. The festival has also revamped its holiday light show, which features thousands of lights across the park that will be synced to music every 30 minutes. And after a few laps on the RiverRink, warm up inside The Lodge, a revamped indoor space featuring ski chalet-style heated tents, comfortable seating, indoor fireplaces and refreshments from Garces Events.

 

The Rothman Ice Rink at Dilworth Park  City Hall

This winter, the transformation of the west side of City Hall continues with the opening of the Rothman Institute Ice Rink at the brand-new Dilworth Park. The rink will operate seven days a week (including holidays) and will feature a warming tent as well as a whole host of to-be-announced seasonal programming and holiday happenings.

 

The Christmas Village in Philadelphia   Love Park  1599 John F Kennedy Blvd

The German-style Christmas Village has become a favorite tradition for holiday shoppers, who can peruse more than 50 decorated booths selling international seasonal gifts, traditional German Christmas ornaments, jewelry and high-quality arts and crafts. Hot mulled wine, gingerbread and bratwursts are also among the offerings.

 

Franklin Square Holiday Festival & Electrical Spectacle Holiday Light Show  200 North 6^th Street

Winter nights are joyfully brighter this holiday season with the Electrical Spectacle Holiday Light Show. Inspired by the imagination of Benjamin Franklin, the free show features a dazzling display of more than 50,000 lights designed specifically for the popular public space. The show is just one part of the Franklin Square Holiday Festival, featuring nearly seven weeks of attractions and activities, from a winter beer garden to a holiday market.

 

Reading Terminal Market Holiday Railroad   51 North 12^th Street

Reading Terminal Market, Philadelphia’s indoor haven for all things food, sets up a super impressive 500-square-foot holiday railroad in its piano court. Every holiday season, guests ooh and aah over the 14 working train lines and miniature scenery of Center City and the countryside, all set up around almost one-third of a mile of track.

Strong Support To Stop Immigration Fraudsters

My bill to create standards for immigration assistance service providers was recently recommended out the Licenses + Inspection Committee. Bill No. 140142, which is on tomorrow’s final passage calendar, will give consumers requiring immigration assistance clarity about how services should be handled, promote ethical, fair and honest business practices, and preserve public confidence. The fraud perpetrated upon countless victims has been dubbed “the perfect crime” by many. These expert witness testimony excerpts give compelling support for my legislation.

Art Read, Esq., General Counsel and Vanessa Stine, Esq., Fellow, Friends of Farmworkers, Inc. “This ordinance is critical to protecting immigrant consumers in Philadelphia because it would begin to regulate and standardize businesses that for far too long have been unregulated…Not only is this ordinance desperately needed but it is also an innovative, forward thinking approach to this issue. This ordinance and the enforcement of it can act as a model for other cities throughout the United States…”

Matthew Blaisdell, Esq. Matthew Blaisdell Immigration and Nationality Law “This bill will: make it easier to educate immigrant communities in Philadelphia; aide local law enforcement; resolve potential conflicts with federal law; and provide assurance to Philadelphia residents… It would further raise the standard of representation offered to immigrants by encouraging non-lawyers with sincere interest in helping foreigners to obtain federal accreditation…Creating standards and limitations that are clearly listed in this ordinance will only serve to better protect the citizens from abuse and fraud.”

Laurie Malone, Deputy District Attorney, Philadelphia District Attorney’s Office “Having an ordinance that outlines what can and cannot be done by immigration service providers is crucial…Although civil in nature, many provisions within the bill will help to successfully bring charges and prosecute those who choose to take advantage of this vulnerable community…The DA’s office wants to send the message that it is ready and willing to help. With the passage of this legislation, City Council will send the same message, and together as a city we can begin to end this terrible problem.”

Press clippings about this measure can be found here. I look forward to tomorrow’s vote.

 

Firefighter Joyce Craig-Lewis of Engine 64

My thoughts and prayers are with Firefighter Joyce Craig-Lewis of Engine 64, her family & friends.