MIAMI — Joe Biden's first acts as president included taking steps to undo many of his predecessor's restrictionist immigration policies.
But a slew of immigration-related executive orders and a proposed immigration reform bill unveiled Thursday — aimed at ushering in a more welcoming era for immigrants in the U.S. — could in the short term set some immigrants back, as confusion about what each development means leaves certain members of the community vulnerable to immigration scams and fraudsters, advocates warn.
Oscar Londoño, executive director of WeCount!, a South Dade immigrant workers' center, says an uptick in attempted "notario" fraud is already underway. Notarios are unauthorized to dispense legal advice, but some nevertheless try to pass themselves off as accredited immigration attorneys. In many Latin American countries, a "notario público" is a legal professional, a far cry from a notary public, which almost anyone in the U.S. can become.
"Recently our members have been reporting an increase in notarios who are charging for applications that don't exist, notarios who are encouraging them to pay exorbitant rates with promises of citizenship based on the Biden proposal," Londoño said. "And so what we are doing right now is trying to counter that misinformation."
The Biden proposal in question is an immigration reform bill that the president announced on his first day in office. Democratic lawmakers unveiled the text of the legislation this week. Among other provisions it lays out a path to citizenship for nearly 11 million undocumented people. Coverage of that proposal, alongside headlines of Biden's immigration-related executive orders, has created excitement, alongside some confusion, in Miami-Dade's large foreign-born population, local immigration providers say. That confusion could cause some to fall prey to fraudulent schemes.
"There's a lot of people who think that there has been a change in law but there hasn't been," said Adonia Simpson, director of family defense for the nonprofit law firm Americans for Immigrant Justice. In communication with community members, Simpson stresses that "there is no amnesty, there is no change in law and it's not going to be a quick process. Do not apply for anything."
Particularly vulnerable to scams, especially when there are swirling rumors of immigration reform, are people with limited English-language skills and a narrow understanding of complicated immigration laws and regulations.
"There's so much coverage of immigration and the first 100 days, and that means that there is also a lot of miscommunication about what is actually happening, especially for new immigrants who have just come and don't understand how the process works. That miscommunication happens and everyone gets excited and the notarios take advantage of that," said Mariana Martinez, an organizer with the American Friends Service Committee, a nonprofit immigrant organization.
While accurate data about immigration legal-services fraud is difficult to come by — in part because immigrants are typically reluctant to report fraud for fear of being deported — legal experts say rising scam-risk when immigration is in the news is a long-standing trend.
Resorting to notarios can seriously jeopardize clients' immigration cases, and could wind up placing them in deportation proceedings. There's also a hefty financial price to pay, with hundreds of thousands of dollars going down the drain — and into scammers' pockets. That economic toll could be exacerbated during the pandemic, as Hispanics in the U.S., a group that encompasses the majority of South Florida's foreign-born population, have been disproportionately affected by the COVID-related economic downturn.
To avoid being a victim of notario scams, Simpson, from Americans for Immigrant Justice, recommends always asking about the qualifications of immigration service providers (including asking to see copies of their bar certificates) before letting them impart legal advice. It's also important to request a receipt when paying for any legal services, and to carefully review contracts before signing them.
People who can't afford a private attorney can visit the Immigration Advocates Network website to find a nonprofit provider in their area.
