Existing law prohibits any person, for compensation, from engaging in the business or acting in the capacity of an immigration consultant in this state, unless that person complies with state law governing the practice of immigration consultants, is an attorney, or is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. Existing law specifies that a person engages in the business or acts in the capacity of an immigration consultant when that person gives nonlegal assistance or advice on an immigration matter. Existing law defines an "immigration matter" as any proceeding, filing, or action affecting the immigration or citizenship status of any person that arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor. Existing law establishes both criminal and civil penalties for a violation of specified provisions related to immigration consultants. Under existing law, a notary public qualified and bonded as an immigration consultant is authorized to enter data on immigration forms, as provided.
This bill, beginning on January 1, 2021, would make it unlawful for a person, for compensation, other than a person authorized to practice law in this state, a person authorized to represent others under federal law in an immigration matter, or a supervised paralegal, as specified, to provide advice or services related to any immigration matter or to hold themself out as an immigration consultant or as a person authorized to provide advice in immigration matters. The bill would require the Secretary of State, on or before January 1, 2020, to notify any individual or entity registered as an immigration consultant on or after January 1, 2018, and that is listed on a specified internet website, of the prohibition on providing, or holding oneself out as a person who is authorized to provide, advice or services related to any immigration matter, and of the operative date of that prohibition. The bill would expand the definition of immigration matter to include proceedings, filings, and actions arising under action of the United States Department of Justice, the United States Department of Homeland Security, and the Board of Immigration Appeals. The bill, beginning January 1, 2021, would require the Secretary of State, in coordination with specified state agencies, to develop an internet website that would include specified information related to immigration services available in California, including information related to persons recognized or accredited as authorized providers of immigration services by the United States Department of Justice. The bill, beginning January 1, 2021, would remove notaries public from provisions relating to filing an application under the federal program referred to as the deferred action program. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
AB1753: 22440 BPC, 22441 BPC, 22441.1 BPC, 22442.2 BPC, 22442.4 BPC, 22443.1 BPC, 22443.2 BPC, 22443.3 BPC, 22449 BPC, 8223 GOV
02/22/19 - Introduced: 22440 BPC, 22441 BPC, 22441.1 BPC, 22442.2 BPC, 22442.4 BPC, 22443.1 BPC, 22443.2 BPC, 22443.3 BPC, 22449 BPC, 8223 GOV
03/25/19 - Amended Assembly: 22440 BPC, 22441 BPC, 22441.1 BPC, 22442.2 BPC, 22442.4 BPC, 22443.1 BPC, 22443.2 BPC, 22443.3 BPC, 22449 BPC, 8223 GOV
04/11/19 - Amended Assembly: 22440 BPC, 22441 BPC, 22441.1 BPC, 22442.2 BPC, 22442.4 BPC, 22443.1 BPC, 22443.2 BPC, 22443.3 BPC, 22449 BPC, 8223 GOV
04/25/19 - Amended Assembly: 22440 BPC, 22441 BPC, 22441.1 BPC, 22442.2 BPC, 22442.4 BPC, 22443.1 BPC, 22443.2 BPC, 22443.3 BPC, 22449 BPC, 8223 GOV