CHAPTER IMMIGRATION ASSISTANCE

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1 Page 1 of 8 CHAPTER IMMIGRATION ASSISTANCE Purpose Definitions Exemptions Business license required Fee assessment Contract stipulations Display of signs Content Dealing with customers Commissioner Authority Commissioner Establishment of rules Penalties Fingerprinting services Appeals Imposition of fine Restriction Sanctions Injunction Purpose. The city council finds and declares that private individuals who assist persons with immigration matters have a significant impact on the ability of their clients to reside and work within the United States and to establish and maintain stable families and business relationships. The city council further finds that such assistance and its impact also has a significant effect on the cultural, social and economic life of the City of Chicago and thereby substantially affects the public interest. It is the intent of the city council to establish rules of practice and conduct for such individuals to promote honesty and fair dealing with residents and to preserve public confidence Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this

2 Page 2 of 8 chapter: (a) Immigration matter means any proceeding, filing, or action affecting the nonimmigrant, immigrant or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or which arises under action of the United States Immigration and Naturalization Service, the United States Department of Labor, or the United States Department of State. (b) value. Compensation means money, property, services, promise of payment, or anything else of (c) Commissioner means the commissioner of the department of consumer services of the City of Chicago. (d) Employed by means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes, or receives compensation from the employer on a commission basis or as an independent contractor. (e) Reasonable costs means actual costs or, if actual costs cannot be calculated, reasonably estimated cost of such things as photocopying, telephone calls, document requests, and filing fees for immigration forms, and other services and overhead costs incidental to assistance in an immigration matter Exemptions. (a) The following persons are exempt from this chapter, provided they prove the exemption by a preponderance of the evidence: (1) An attorney licensed to practice law in the State of Illinois, to the extent the attorney renders services in immigration matters in the course of his or her practice as an attorney. (2) A legal intern, as described by rules of the Illinois Supreme Court, employed by and under the direct supervision of a licensed attorney and rendering services in immigration matters in the course of such employment. (3) A not-for-profit organization recognized by the Board of Immigration Appeals pursuant to 8 C.F.R (a), as amended, and employees of such organizations accredited pursuant to 8 C.F.R (d), as amended, except that such organizations and their employees are subject to the provisions of Section and Sections through (b) Nothing in this chapter shall regulate any business to the extent that such regulation is prohibited by state or federal law Business license required. No person subject to this chapter shall offer or provide assistance in an immigration matter for compensation without first obtaining a general business license from the City of Chicago and registering

3 Page 3 of 8 with the commissioner. Persons subject to this chapter may perform only the following services: (1) Providing the customer with a government agency form appropriate to the customer's needs if only that form can reasonably be considered appropriate and if the selection of the form does not involve a legal judgment. (2) Transcribing responses to a government agency form which is related to an immigration matter, but not advising a customer as to his or her answers on those forms. (3) Translating information on forms to a customer and translating the customer's answers to questions posed on those forms. (4) Securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to submit with government agency forms. (5) Translating documents from a foreign language into English. (6) Notarizing signatures on government agency forms, if the person performing the service is a notary public of the State of Illinois. (7) Making referrals, without fee, to attorneys who could undertake legal representation for a person in an immigration matter. (8) Preparing or arranging for the preparation of photographs and fingerprints. (9) Arranging for the performance of medical testing (including X-rays and A.I.D.S. tests) and the obtaining of reports of such test results. (10) Conducting English language and civics courses. (11) Such other services that the commissioner determines by rule may be appropriately performed by such persons in light of the purposes of this chapter Fee assessment. (a) The commissioner may promulgate regulations establishing maximum fees that may be charged for the services described in Section The maximum fees must be reasonable in light of the costs of providing such services and the degree of professional skill required to provide the services. (b) No person subject to this chapter shall charge fees directly or indirectly for referring an individual to an attorney or for any immigration matter not authorized in Section ; provided, that a person may charge a fee for notarizing documents as permitted by the Illinois Notary Public Act, as amended Contract stipulations.

4 Page 4 of 8 (a) Except as provided otherwise in subsection (f) of this section, before providing any assistance in an immigration matter, a person subject to this chapter shall provide the customer with a written contract that includes the following provisions: (1) An explanation of the services to be performed. (2) Identification of all compensation and costs to be charged to the customer for the services to be performed. (3) A statement that documents submitted in support of an application for nonimmigrant, immigrant or naturalization status may not be retained by the person for any purpose, including payment of compensation or costs. (4) A statement that the person is not an attorney and may not perform legal services. This statement shall be on the face of the contract and shall be in print larger and more conspicuous than other print on the contract. (5) A statement that the customer may rescind the contract within 72 hours. This statement shall be conspicuously set forth in the contract in understandable language substantially similar to You may cancel this contract within 3 days and get your money back for work not performed. (b) The written contract shall be in both English and in the language of the customer. (c) A copy of the contract shall be provided to the customer upon the customer's execution of the contract. (d) A customer has the right to rescind a contract within 72 hours of his or her signing of the contract. (e) Any documents identified in subsection (a)(3) of this section shall be returned upon demand of the customer. (f) This section shall not apply to a not-for-profit organization that provides advice or assistance in immigration matters to clients without charge beyond a reasonable fee to reimburse the organization's or clinic's reasonable costs relating to providing immigration services to that client Display of signs Content. A person subject to this chapter shall post signs at his or her place of business, setting forth in English and in every other language in which the person provides or offers to provide assistance in immigration matters. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least 11 inches by 17 inches, and shall contain the following: (1) The statement I am not an attorney ; (2) The statement I am not accredited to represent you before the United States Board of Immigration Appeals, if applicable;

5 Page 5 of 8 (3) The fee schedule; (4) The statement that You may cancel any contract within three days and get your money back for services not performed ; and (5) Such other additional information as the commissioner may require by rule Dealing with customers. In the course of dealing with customers or prospective customers, no person subject to this chapter shall: (a) Make any statement that the person can or will obtain special favors from or has special influence with the United States Immigration and Naturalization Service or any other government agency; (b) Retain any compensation for service not performed; (c) Refuse to return documents supplied by, prepared by, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer; (d) Represent or advertise, in connection with the provision of assistance in immigration matters, other titles or credentials, including but not limited to notary public or immigration consultant, that could reasonably cause a customer to believe that the person possesses any form of license, accreditation, or official authorization to provide advice on an immigration matter; provided, that a notary public appointed by the Illinois Secretary of State may use the term notary public if such use is accompanied by the statement that the person is not an attorney; (e) Give any legal advice concerning an immigration matter Commissioner Authority. If the commissioner determines that a person has engaged in, is engaging in, or is about to engage in a practice prohibited by this chapter, the commissioner may: (a) (b) (c) person; Order the person to discontinue the prohibited practice; Order the person to pay restitution to persons aggrieved by the practice; Request the mayor to take action to revoke or suspend the general business license of the (d) Request the corporation counsel to bring an action in circuit court for injunctive or such other relief as may be appropriate.

6 Page 6 of Commissioner Establishment of rules Penalties. (a) The commissioner shall issue rules not inconsistent with this chapter for the implementation, administration and enforcement hereof. The rules may provide for the following: (1) The content, print size and print style of the signs required under Section Print sizes and styles may vary from language to language. (2) Standard forms for use in the administration of this chapter. (b) Prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section (c), the commissioner may also by rule establish a system by which the commissioner may impose administrative fines on persons who violate this chapter. Each day that a violation occurs shall be considered a separate and distinct offense. The rules establishing the system shall: (1) Provide for the imposition of fines only after the person accused of the violations has been given notice and an opportunity to be heard. (2) Provide for the appointment of hearing officers to hear the testimony of witnesses under oath, evaluate evidence, and make recommendations to the commissioner. Such hearing shall be recorded on audio tape or by other appropriate means. All hearing officers shall be attorneys licensed to practice law in Illinois. (3) Prescribe minimum and maximum fine amounts for specific violations; provided, that the maximum fine for a single violation shall not exceed $ The notice given under subsection (b)(1) shall be made: (i) by first class or express mail or by overnight carrier; or (ii) by personal service; and shall specify the section of the code which was allegedly violated and the date, time and place of the alleged violation. (c) After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section (c) of this Code, the commissioner may institute an action with the department of administrative hearings in order to determine liability and seek administrative fines for violations of this chapter. The commissioner may by rule prescribe minimum and maximum fine amounts for specific violations; provided that the maximum fine for a single violation shall not exceed $ Each day that a violation occurs shall be considered a separate and distinct offense. (d) The commissioner may take action pursuant to subsections (c) and (d) of section against any person who fails to pay a fine imposed under this section within a reasonable time as specified by the commissioner for such payment. Such action shall be stayed pending the appeal by any person of a fine imposed under this subsection. (Added Coun. J , p. 6302; Amend Coun. J , p ; Amend Coun. J , p , 19; Amend Coun. J , p ) Fingerprinting services. (a) No person shall state, imply, offer or otherwise represent that a person, business, agency, office

7 Page 7 of 8 or organization is authorized to provide fingerprinting services which will be accepted by the United States Immigration and Naturalization Service (I.N.S.) for the process of I.N.S. applications or for any other purpose. Any person engaged in the business of fingerprinting or providing fingerprinting services must conspicuously display in each location of business, in a clearly visible place, a sign stating the following: This Office Is Not An Authorized Government Agency. This Office Is Not A Part Of And Is Not Associated With The United States Immigration And Naturalization Service Or Any Government Agency. Fingerprints Taken At This Location Will Not Be Accepted By The United States Immigration And Naturalization Service For Any Purpose. Such sign will be in black print on a white background, in letters no smaller than 48-point typeface. (b) The sign described in subsection (a) of this section shall be posted in the following languages: English, Spanish, Polish, Korean, Arabic, Hindi and Mandarin. (c) Violators of this section are subject to all applicable enforcement authority of the commissioner in Chapter of the Municipal Code, and the rules and regulations promulgated thereunder; and shall also be subject to orders of restitution and injunctive relief entered by a court or administrative agency of competent jurisdiction. (Amend Coun. J , p ) Appeals. The findings of a violation of this chapter, any rule issued hereunder, or any order issued by the commissioner and the imposition of any fine under Section , may be appealed to the department of business affairs and licensing by the person against whom it is imposed and shall be subject to a de novo hearing wherein additional evidence may be adduced. Further appeal may be taken to the circuit court as provided by law. All orders and the imposition of any fine under this section shall be stayed pending appeal. The right to appeal to the department of business affairs and licensing shall not apply to findings of a violation, orders or fines imposed by the department of administrative hearings. (Added Coun. J , p. 6302; Amend Coun. J , p ; Amend Coun. J , p ; Amend Coun. J , p ; Amend Coun. J , p , 1) Imposition of fine Restriction. If a fine is imposed on a person for violation of this chapter or any rule issued hereunder, that person shall not provide or offer to provide assistance in immigration matters until the fine is completely paid Sanctions. (a) Any person who: (1) unless an appeal is pending, fails to obey an order issued by the commissioner pursuant to this chapter; (2) unless an appeal is pending, fails to pay a fine imposed under Section within a reasonable time specified by the commissioner; (3) provides deliberately false or deliberately misleading information to the commissioner; (4) deliberately interferes with an investigation conducted by the commissioner pursuant to this chapter; or (5) threatens or retaliates

8 Page 8 of 8 against any person for filing a complaint, assisting in an investigation or participating in a hearing authorized by this chapter; shall be subject to a fine of not less than $ nor more than $ or imprisonment of a period not to exceed six months, or both. Such violations shall be punishable as a misdemeanor pursuant to Section of the Illinois Municipal Code, as amended. (b) In addition to the penalties specified in subsection (a) of this section, any person who violates any provision of this chapter, or the rules and regulations issued hereunder, shall be subject to a fine of not less than $50.00 nor more than $ (c) All sanctions imposed pursuant to this section shall be imposed only after a judicial hearing and only pursuant to an order of the circuit court Injunction. Any person aggrieved by a violation of this chapter or the rules issued hereunder may bring an action in an appropriate court against any person subject to this chapter, for injunction against the violation or for such other or additional relief as may be appropriate to deter, prevent or compensate for the violation. It is the express intention of the city council that remedies for violation of this ordinance shall be cumulative. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at American Legal Publishing Corporation techsupport@amlegal.com