Combating immigration services fraud

(a) Schemes To provide fraudulent immigration services (1) In general Chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Schemes to provide fraudulent immigration services (a) In general (1) Offense It shall be unlawful to knowingly or recklessly execute a scheme or artifice, in connection with any matter that is authorized by or arises under any Federal immigration law or any matter the offender claims or represents is authorized by or arises under any Federal immigration law, to— (A) defraud any person; or (B) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, or promises. (2) Penalty Any person who violates paragraph (1) shall be fined under this title, imprisoned for not more than 10 years, or both. (b) Misrepresentation (1) Offense It shall be unlawful for a person to knowingly and falsely represent that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law. (2) Penalty Any person who violates paragraph (1) shall be fined under this title, imprisoned for not more than 15 years, or both. (c) Reimbursement Any person convicted of an offense under this section shall fully reimburse the client for any services that person fraudulently provided.. (2) Clerical amendment The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1040 the following: 1041. Schemes to provide fraudulent immigration services.. (b) Local immigration consumer fraud information hotlines and assistance websites Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following: PP Immigration consumer fraud hotlines and digital tools 3061. Immigration consumer fraud hotlines and digital tools (a) Grant authorization The Attorney General shall make grants to States, units of local government, or any combination thereof, in partnership with stakeholders, service providers, and nonprofit organizations. (b) Mandatory grant uses Grant funds awarded under this section shall be expended for each of the following purposes: (1) Immigration consumer fraud information digital tools To provide for the establishment and operation of an immigration consumer fraud information and assistance digital tools, including websites or applications, which shall be a highly secure internet resource that provides information and assistance to victims of immigration consumer fraud. In establishing and operating the immigration consumer fraud and assistance digital tool, the grantee shall— (A) use grant funds for startup and operation costs associated with establishing and operating the tool; (B) use a name or acronym as part of its website that identifies the tool with the geographic locality receiving the grant under subsection (a); (C) provide accurate information that describes the services available to immigration consumer fraud victims, including free or low-cost legal assistance; (D) clearly include, in all pages of the tool, that the information presented is for reference purposes only and does not constitute as legal advice; and (E) provide translation of resource content, in languages that are consistent with the criteria outlined in subsection (d)(2)(E)(i), either with a web page interface, or mirrored pages. (2) Immigration consumer fraud hotlines To establish or expand an immigration consumer fraud hotline to provide information and assistance to victims of immigration consumer fraud. In addition, grantees may, in operating with the hotline, work in conjunction with other local programs and activities that serve victims of immigration consumer fraud. In establishing and operating the hotline, the entity shall— (A) contract with a carrier for the use of a toll-free telephone line; (B) employ, train and supervise personnel to answer incoming calls and provide assistance and referral services to callers on a 24-hour-a-day basis; (C) assemble and maintain a current database of information relating to services for victims of immigration consumer fraud to which callers throughout the United States may be referred; and (D) be prohibited from asking hotline callers about their citizenship status. (c) Rule of construction Nothing in this Act shall require a grantee receiving funds under this Act to comply with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer for, or notify about the use of services provided under this Act by an individual. (d) Application The Attorney General may approve an application for a grant under this section only if such application— (1) contains such agreements, assurances, and information, is in such form, and is submitted in such manner, as the Attorney General shall by rule require; (2) in the case of an application for a grant to carry out activities described in subsection (b)(2), includes a complete description of the applicant’s plan for the operation of an immigration consumer fraud hotline, including descriptions of— (A) the training program for hotline personnel, including technology training to ensure that all persons affiliated with the hotline are able to effectively operate any technological systems used by the hotline; (B) the hiring criteria for hotline personnel; (C) the methods for the creation, maintenance, and updating of a resource database; (D) a plan for publicizing the availability of the hotline; (E) a plan for providing service to non-English speaking callers that— (i) is based on data from the Bureau of the Census and be consistent with the local area demographics where the immigration consumer fraud hotline will operate such plan and outline which languages are most prevalent and commonly requested for translation services; or (ii) is based on qualitative and quantitative observation from community service providers offering immigration-related services; and (F) a plan for facilitating access to the hotline by persons with hearing impairments; and (3) in the case of an application for a grant to carry out activities described in subsection (b)(1)— (A) include a complete description of the applicant’s plan for the development, operation, maintenance, and updating of information and resources of the immigration consumer fraud information and assistance website; (B) include a certification that the applicant will implement a high level security system to ensure the confidentiality of the website, taking into consideration the safety of immigration consumer fraud victims; (C) include an assurance that, after the third year of the website project, the recipient of the grant will develop a plan to secure other public or private funding resources to ensure the continued operation and maintenance of the website; and (D) demonstrate that the applicant has recognized expertise in the area of immigration consumer fraud and a record of high quality service to victims of immigration consumer fraud, including a demonstration of support from advocacy groups. (e) Renewal of grants A grant made under this section may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. (f) No cost extensions Notwithstanding subsection (e), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $15,000,000 for fiscal year 2027, and for each succeeding fiscal year. (2) Websites Of the amounts appropriated to carry out this section, not less than 20 percent shall be used for purposes of carrying out activities under subsection (b)(1). (3) Availability Funds authorized to be appropriated under this section may remain available until expended. (h) Prohibition of data sharing for immigration enforcement purposes (1) In general Notwithstanding section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373), an entity receiving a grant under this section may not disclose or use personally identifiable information provided by individuals using a website or a hotline under subsection (b), for the purposes of enforcing the immigration laws. (2) Referrals prohibited An entity receiving a grant under this section may not refer any individual participating in any program funded under this section to U.S. Immigration and Customs Enforcement or to U.S. Customs and Border Protection. (3) Defined term In this section, the term personally identifiable information means any information about an individual elicited, collected, stored, or maintained by an entity receiving a grant under this section, including— (A) any information that can be used to distinguish or trace the identity of an individual, such as a name, residential address, a social security number, an alien registration number, a date and place of birth, or a parent's maiden name; and (B) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. 3062. Report A State or unit of local government that receives funds under this part during a fiscal year shall submit to the Attorney General a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of the programs carried out with a grant under this part.. (c) Grants to states and local jurisdictions To promote outreach campaigns against immigration consumer fraud Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.), as amended by subsection (b), is amended by inserting after part PP the following: QQ Grants to States and local jurisdictions to promote outreach campaigns against immigration consumer fraud 3071. Grants to States and local jurisdictions to promote outreach campaigns against immigration consumer fraud (a) Grant authorization (1) In general The Attorney General shall make grants to States, units of local government, or any combination thereof, in partnership with stakeholders, service providers, and nonprofit organizations. (2) Purpose The purpose of grants distributed under this subsection is to enable States and localities to work with parties in paragraph (1) to carry out outreach campaigns in any of the following: (A) Access to legal resources, including free or low-cost legal resources for persons of low-income. (B) Workshops educating the general public on immigration consumer fraud, including methods to identify such fraud and best practices on prevention. (C) Hiring of casework staff, attorneys, translators, accredited representatives and other similar staff to provide support for outreach objectives. (D) Printed materials or digital media designed with the intent to educate the public on where to obtain trusted legal resources, and how to prevent becoming a victim of immigration consumer fraud. (E) Public service announcements in television or radio, providing information on resources and assistance on preventing immigration consumer fraud. (F) Translation services, including translated equivalents of subparagraphs (A), (B), (C) or (D), consistent with the grantee’s immediate translation needs based on— (i) data from the Bureau of the Census that is consistent with the local area demographics where the outreach campaign will operate, along with a description of the languages are most prevalent or commonly requested for translation services; or (ii) quantitative or qualitative observation from community service providers offering immigration-related services. (b) Contents In accordance with such requirements as the Attorney General may by rule establish, each application for a grant under this section shall— (1) include a long-term strategy and detailed implementation plan that reflects consultation with community groups and appropriate stakeholders; (2) explain the applicant’s inability to address the need without Federal assistance; (3) identify related governmental and community initiatives which compliment or will be coordinated with the proposal; and (4) identify local service providers and nonprofit organizations that have substantial or significant experience dealing with immigration-related matters. (c) Renewal of grants A grant made under this section may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. (d) No cost extensions Notwithstanding subsection (c), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award. (e) Suspension of funds If the Attorney General determines that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application, the Attorney General may revoke or suspend funding of that grant, in whole, or in part. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2027, and for each succeeding fiscal year. (2) Availability Funds authorized to be appropriated under this section may remain available until expended. (g) Prohibition on data sharing for immigration enforcement purposes (1) In general Notwithstanding section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373), an entity receiving a grant under this section may not disclose or use personally identifiable information provided by individuals participating in outreach campaigns specified in subsection (a) for the purposes of enforcing the immigration laws. (2) Referrals prohibited An entity receiving a grant under this section may not refer any individual participating in any program funded under this section to U.S. Immigration and Customs Enforcement or to U.S. Customs and Border Protection. (3) Defined term In this section, the term personally identifiable information means any information about an individual elicited, collected, stored, or maintained by an entity receiving a grant under this section, including— (A) any information that can be used to distinguish or trace the identity of an individual, such as a name, residential address, a social security number, a date and place of birth, or a parent's maiden name; and (B) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. 3072. Report A State or unit of local government that receives funds under this part during a fiscal year shall submit to the Attorney General a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of the programs carried out with a grant under this part.. (d) Grants to States and local jurisdictions To increase enforcement against immigration consumer fraud Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.), as amended by subsections (b) and (c), is amended by inserting after part QQ the following: RR Grants to States and local jurisdictions to increase enforcement against immigration consumer fraud 3081. Grants to States and local jurisdictions to increase enforcement against immigration consumer fraud (a) Grant authorization (1) In general The Attorney General shall make grants to States, units of local government, or any combination thereof. (2) Purpose The purpose of grants distributed under this subsection is to enable States and localities to increase the enforcement of— (A) State and local laws against immigration consumer fraud; and (B) section 1041 of title 18, United States Code. (3) Permitted use of funds A State or unit of local government that receives a grant under this section may use funds from the grant for activities, including— (A) hiring staff, such as compliance officers that are charged with investigating and enforcing Federal, State, and local laws against immigration consumer fraud; (B) training staff, such as the compliance officers described in subparagraph (A); (C) investigating complaints of immigration consumer fraud; and (D) taking action against violations of Federal, State, and local laws relating to immigration consumer fraud, which may include the prosecution of violators. (b) Contents In accordance with such requirements as the Attorney General may by rule establish, each application for a grant under this section shall— (1) include a detailed implementation plan that reflects consultation with community groups and appropriate stakeholders; and (2) explain the inability of the State or unit of local government to address the need to increase enforcement of immigration consumer fraud laws without Federal assistance. (c) Renewal of grants A grant made under this section may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. (d) No cost extensions Notwithstanding subsection (c), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award. (e) Suspension of funds If the Attorney General determines that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application, the Attorney General may revoke or suspend funding of that grant, in whole, or in part. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2027, and for each succeeding fiscal year. (2) Availability Funds authorized to be appropriated under this section may remain available until expended. (g) Prohibition on data sharing for immigration enforcement purposes (1) In general (A) Disclosure prohibited Notwithstanding section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373), an entity receiving a grant under this section may not disclose or use personally identifiable information provided by an individual involved with the work funded under this section for the purposes of enforcing the immigration laws. (B) Exception An entity receiving a grant under this section may disclose or use personally identifiable information provided by an individual involved with the work funded under this section if— (i) the disclosure or use required in order to prosecute a case; and (ii) the individual explicitly permits the use or disclosure. (2) Referrals prohibited An entity receiving a grant under this section may not refer any individual involved with work funded under this section to U.S. Immigration and Customs Enforcement or to U.S. Customs and Border Protection. (3) Defined term In this section, the term personally identifiable information means any information about an individual elicited, collected, stored, or maintained by an entity receiving a grant under this section, including— (A) any information that can be used to distinguish or trace the identity of an individual, such as a name, residential address, a social security number, a date and place of birth, or a parent’s maiden name; and (B) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. 3082. Report A State or unit of local government that receives funds under this part during a fiscal year shall submit to the Attorney General a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of the programs carried out with a grant under this part..