New Jersey Section 2C:21-31 – Unauthorized practice of immigration law; penalties.
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New Jersey recently enacted a new law, Section 2C:21-31, that criminalizes the unauthorized practice of immigration law. This controversial law makes it a crime for anyone not licensed as an attorney in New Jersey to provide legal advice or services related to immigration matters. Supporters argue it will protect vulnerable immigrants from exploitation, but critics say it limits access to affordable immigration assistance. Let’s break down what’s in the law, who it impacts, and the debate around it.
What Does the Law Do?
Section 2C:21-31 makes it a disorderly persons offense for anyone not licensed as an attorney in New Jersey to provide legal advice, services, or representation regarding immigration matters for compensation. This includes:
- Filling out immigration forms
- Representing someone in immigration proceedings
- Advising on immigration strategies like visa applications
Offenders can face up to 6 months imprisonment and fines up to $1,000. Subsequent violations bump up to 18 months imprisonment and $10,000 fines.
The law does exempt some folks from prosecution, like non-profit organizations accredited by the Board of Immigration Appeals (BIA). Family members, domestic partners, and those providing general translation services are also exempt. But the law otherwise broadly prohibits any paid immigration law assistance by non-attorneys.
Who Does This Impact?
This law primarily affects immigration consultants and visa agents. These individuals don’t have law degrees but often assist immigrants with services like:
- Helping complete immigration forms
- Acting as interpreters
- Translating documents
- Gathering paperwork for applications
- Advising on immigration options
These consultants operate in a legal grey area – federal law doesn’t authorize them to provide legal advice, but doesn’t outright prohibit their services either. Many immigrants rely on them because they provide affordable assistance navigating complex immigration processes.
The American Immigration Lawyers Association estimates over 80,000 immigration consultants operate nationwide. So this is a huge industry in the crosshairs of Section 2C:21-31.
Why Did New Jersey Pass This Law?
Supporters like State Senator Troy Singleton argue the law protects vulnerable immigrants from exploitation. Consultants lack legal training but sometimes wrongly claim expertise in immigration law. This gives immigrants misleading or downright bad advice that jeopardizes their cases.
For example, consultants may incorrectly fill out forms, miss important deadlines, improperly submit applications, or fail to advise clients of consequences like deportation. Their mistakes can completely derail immigration cases, even getting applicants deported. Yet consultants face no professional oversight or accountability like lawyers do.
Singleton points to high profile federal raids targeting large consultant fraud schemes. He argues that the law protects immigrants by ensuring only licensed professionals provide legal immigration assistance.
What Are the Concerns Around This Law?
Immigration advocates oppose Section 2C:21-31 because it limits immigrants’ access to affordable assistance. Lawyers charge hundreds per hour to handle complex immigration cases and forms. But consultants offer basic services at a fraction of the cost.
For low income applicants, assistance from a lawyer is simply unaffordable. Banning consultants leaves many immigrants to navigate cases alone against a notoriously convoluted immigration system. Language barriers make this even harder for non-English speakers.
Critics argue the law should instead implement regulations and oversight of consultants rather than blanket prohibition. This allows consultants to continue serving clients who can’t afford attorneys.
There are also concerns that family and community members helping immigrants as translators or with paperwork could get prosecuted under the broad law. Critics argue Section 2C:21-31 prevents even well-intentioned people from informally helping immigrants.
What Happens Next?
It will be interesting to see how strictly New Jersey enforces Section 2C:21-31. Will prosecutors really go after family members helping translate documents? Or mostly target large fraud operations?
Some predict consultants will try working around the law by charging for “document preparation services” rather than “legal services.” But whether semantic workarounds succeed remains to be seen.
Immigration advocates may also challenge the law in court as unconstitutional by arguing it violates First Amendment free speech rights. A similar law in California was struck down on such grounds. But the outcome may differ in New Jersey courts.
For now, the fate of thousands of immigration consultants hangs in limbo. Meanwhile, the immigration system remains as complex and confusing as ever for applicants seeking legal status. Section 2C:21-31 aims to protect immigrants, but may end up doing more harm than good. The road ahead remains murky for immigrants, consultants and lawyers alike as this new law gets tested.