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HR 9803

Protecting Immigrants From Legal Exploitation Act of 2026

119th Congress Introduced by Salud Carbajal and 16 co-sponsors

Strengthens penalties and enforcement to curb fraudulent immigration services, protect victims, and expand access to legitimate legal help for immigrants.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 9803

Overview

  • Bill: HR 9803 — Protecting Immigrants From Legal Exploitation Act of 2026
  • Session: 119th Congress
  • Purpose: Strengthen protections against fraudulent immigration services, deter notario/immigration practitioner fraud, improve transparency around who provides immigration assistance, aid victims of fraud, and support access to legitimate legal services for immigrants.
  • Status: Referred to the House Judiciary Committee (as of 2026-07-21); introduced with multiple congressional sponsors.

Main purpose and intent

  • Create criminal penalties for schemes that defraud individuals in matters arising under federal immigration law.
  • Clarify and expand enforcement tools to curb fraudulent immigration service providers (notarios/consultants) who misrepresent authority or provide unauthorized legal services.
  • Provide remedies and procedural steps to help victims withdraw or correct fraud-affected filings.
  • Improve outreach and education to immigrant communities about legitimate legal service providers.
  • Establish grant programs to support nonprofit organizations delivering direct legal services to immigrants and those in removal proceedings.

Key provisions and changes

1) Schemes to provide fraudulent immigration services (criminal penalties)
- Adds 1041 to Title 18 (fraud in immigration matters).
- Core offense: knowingly or recklessly executing schemes to defraud or obtain money through false pretenses in any matter related to federal immigration law.
- Penalties: fine, up to 10 years’ imprisonment, or both.
- Enhanced penalty for misrepresentation: knowingly and falsely claiming to be an attorney or accredited representative can lead to fines, up to 15 years’ imprisonment, or both.
- Reimbursement obligation: convicted individuals must fully reimburse clients for fraudulently provided services.

2) Combating schemes to defraud aliens (administrative actions and definitions)
- DHS and DOJ to issue regulations and forms requiring disclosure of who assisted in preparing immigration submissions (excluding immediate family).
- Preparers who receive compensation beyond basic copying/mailing must sign forms and provide identifying information.
- Civil injunctions: Attorney General may file to enjoin fraudulent immigration service providers, including those misrepresenting authority before DHS or DOJ.

3) Definitions and scope
- Immigration laws: as defined in 8 U.S.C. 1101(a)(17).
- Immigration service provider: any person/entity (excluding authorized attorneys) who provides paid assistance or representation related to immigration filings or proceedings, including claims arising under immigration law, Executive orders, or Presidential proclamations.

4) Relief for victims of notario fraud
- Affected aliens may withdraw applications/submissions if prepared by an unauthorized practitioner, without prejudice, provided they attest lack of knowledge of unauthorized preparation.
- A procedure to submit corrected filings and allow resubmission notwithstanding prior numerical/time limits.
- Waiver of reentry bar: introduces a provision to exclude the inadmissibility penalty for those who departed due to erroneous advice from an unauthorized practitioner.
- Contempt authority for immigration judges: by regulation, allow civil contempt sanctions (including monetary penalties) against all parties before an immigration judge.

5) Outreach to immigrant communities
- Establish a government program (DHS and DOJ via the Office for Immigration Review) to educate immigrants on who may provide legal services.
- Public information on fraud by non-authorized consultants, with availability at offices and on AG websites; materials in multiple languages (including English and Spanish).

6) Grant program to assist eligible applicants
- Create competitive grants within USCIS and the Executive Office for Immigration Review to nonprofit organizations for direct legal services.
- Eligible nonprofits: tax-exempt organizations with demonstrated expertise in assisting immigrants, refugees, asylees, or applicants for these statuses.
- Funds to support direct legal services in removal proceedings and in filings/applications for immigration benefits; funds to be appropriated as necessary and kept available until expended.

Who/what would be affected

  • Immigrants and prospective immigrants: increased protection from fraudulent service providers; clearer avenues to correct fraudulent filings; potential access to approved legal services.
  • Immigration service providers: heightened regulatory requirements (identification of preparers, signings, disclosures); civil injunctions for fraudulent activity; risk of criminal penalties for fraud.
  • Nonprofit legal service organizations: eligibility for grant funding to provide direct legal services.
  • Government agencies (DHS, DOJ, DHS OIG, ICE/USCIS/EOIR): tasked with implementing new regulations, outreach programs, and grant administration; establishing contempt regulations for immigration judges.

Procedural and timeline aspects

  • Enactment timeline: The act would require promulgation of regulations within specified timeframes (e.g., regulations implementing contempt authority for immigration judges within 180 days of enactment).
  • Regulatory and forms requirements: DHS and the Attorney General to issue regulations, forms, and procedures to identify preparers and collect identifying information.
  • Civil actions: The Attorney General authorized to pursue civil injunctions against fraudulent practitioners.
  • Outreach and education: Establish and fund outreach programs; make multilingual materials available publicly.
  • Grants: Establish and fund nonprofit grant programs; ongoing availability of funds until expended.

Potential impacts and considerations

  • Deterrence: Higher penalties for immigration service fraud may deter notarios and fraudulent practitioners.
  • Victim remedies: Mechanisms to withdraw or correct fraudulent filings could reduce adverse outcomes for applicants.
  • Accessibility: Expanded outreach and grant programs aim to improve access to legitimate legal representation for immigrants.
  • Implementation burden: Regulatory development and monitoring will require resources for DHS, DOJ, and EOIR, plus capacity to enforce provisions and track compliance.

Compiled from official sources — confirm details with the bill’s official record.

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