Immigration Fraud Resurges as Trump Crackdown Creates Climate of Fear
When is a "notario" not a lawyer? Answer: When they're in the United States.
• A Los Angeles housekeeper was bilked out of more than $100,000 over a decade by a scammer posing as an immigration lawyer who promised to secure her citizenship in three months after she became a crime victim, one of many instances of “notario fraud.”
• Law enforcement officials and advocates warn of a resurgence in notario fraud under the second Trump administration, as federal immigration sweeps and troop deployments create a climate of fear ripe for exploitation of vulnerable immigrants.
• The scam preys on confusion over the role of notaries in the U.S. versus Latin America, where "notarios" are licensed attorneys, leading desperate immigrants to pay thousands to fraudsters who promise legal representation they cannot provide.
The hundreds of people caught up in recent federal immigration raids will be seeking affordable legal help as they fight to keep the lives they have built in the United States. But attorneys who specialize in immigration law say there is a shortage of qualified people working in the field, and unlike criminal cases, people in civil immigration proceedings are typically not entitled to a court-appointed lawyer.
Also, they are seldom wealthy and may not have the funds to pay a private attorney.
This gap in legal representation has created fertile ground for a longstanding but fast-returning form of exploitation: notario fraud, in which scammers acting as lawyers extract large sums from vulnerable immigrants through false promises and threats.
"I had to give him all my money instead of being able to buy my children what they need," said one victim, a housekeeper with a modest income who fell victim to the scheme, according to a recent Los Angeles Times account. "It was like torture. Every time the phone rang or every time a paper arrived for me, they were asking for more money."
Her case began in 2000 when she was assaulted by her romantic partner while living in Los Angeles County. A family friend told her he could help secure immigration papers because she had been the victim of a crime. While immigrant crime victims do qualify for special benefits in some instances, what followed was more than a decade of exploitation.
The “friend” started small: a few hundred dollars to process fingerprints, several hundred more for background checks. He claimed he needed to travel to New York and Washington, D.C., to collect her passport, with each trip requiring money for flights, hotels, rental cars and gas. Each time he returned with excuses for why he needed more time and cash.
He showed her official-looking documents that he claimed were from a law firm in Orange County, all written in English and full of legal jargon she didn't understand. Only later did she learn he had created fake letterhead and was using her money to pay his back taxes, child support and even a speeding ticket.
Notarios vs. attorneys
The scam hinges on confusion over what a notary public does in the U.S. versus other countries. In the United States, a notary public serves as an impartial witness when important documents are signed. But in Latin America and elsewhere, "notarios" have far more legal standing—they are attorneys with special credentials equivalent to a law license who are authorized to represent others before the government.
"It's the type of crime that preys upon the most needy and desperate people," said Victor D. Lopez, a professor of legal studies at Hofstra University, adding that few places outside of Colorado have taken meaningful steps to crack down on immigration-related abuses.
The fraud takes various forms. Some victims pay notarios who promise to represent them in hearings with immigration officials and never show up. Others see valid asylum claims end with deportation orders because the information submitted was false, bearing no resemblance to the harrowing experiences that forced them out of their home countries.
Most victims don’t report it
Because of underreporting, there is little reliable data on how many fraud victims there are each year. Many who have suffered losses are afraid to contact law enforcement because of their immigration status.
Even when cases are reported, most district attorneys are reluctant to prosecute unless there are multiple cases and large monetary losses.
Some attorneys say they are encountering scams that play out entirely online, allowing perpetrators to vanish before authorities can investigate.
What can you do?
The hard truth is that effective help can be hard to find, and may come too late to do much good. However, it is important to immediately do everything possible, including these steps:
1. Report the Fraud:
Federal Trade Commission (FTC): The FTC is the nation's consumer protection agency.3 You can file a complaint with them, which helps detect patterns of fraud and can lead to investigations and prosecutions. You can submit a complaint online or call 1-877-FTC-HELP.
Executive Office for Immigration Review (EOIR) Fraud Program: This is a centralized place to make complaints about fraud, immigration scams, and the unauthorized practice of immigration law.6 You can email them at EOIR.Fraud.Program@usdoj.gov.
U.S. Citizenship and Immigration Services (USCIS): For suspected immigration benefit fraud and abuse specifically related to applications and petitions before USCIS, you should report it to USCIS through their Tip Form.7
State Attorney General's Office/Consumer Protection Division: All states have an Attorney General's office with a consumer protection division that handles complaints about fraudulent practices. Find your state here.
State Bar Association: If the person who defrauded you claimed to be a lawyer, you can file a complaint with the state bar association where they claim to be licensed. The American Bar Association (ABA) provides a list of local bar associations.
Local Police Department: If you have been harmed or threatened by a "notario," consider contacting your local police directly.
2. Seek Legal Assistance from Qualified Professionals:
It's crucial to get legal help from licensed attorneys or Department of Justice accredited representatives who are authorized to provide immigration legal services.
Legal Aid Organizations: Many organizations offer free or low-cost immigration legal services to victims of fraud.
Ayuda's Project END (Eradicating Notario Deceit): This project specifically helps victims of immigration legal services fraud, providing advice, counsel, and representation in civil, criminal, and immigration proceedings. They have offices in DC, Maryland, and Virginia.
Immigration Advocates Network (IAN) National Immigration Legal Services Directory: This directory can help you find free or low-cost legal service providers in your area.
List of Pro Bono Legal Service Providers: Many organizations offer pro bono (free) legal services for immigration cases.
American Immigration Lawyers Association (AILA): AILA has an Immigration Lawyer Referral Service if you are able to pay for an attorney.
Check Credentials: Always verify the credentials of anyone offering immigration legal services. Ask to see their license or accreditation. You can often check with the state bar association or the Department of Justice.
Important Precautions:
Be wary of unrealistic promises: No legitimate lawyer can guarantee outcomes like "100% approval" or "guaranteed green cards."
Insist on a written contract: Ensure the services, fees, and payment terms are clearly spelled out in a written contract.
Get receipts: Always get a receipt for any payments you make.
Never sign blank or incomplete forms: Make sure you understand every document before signing it.
Request copies: Always ask for copies of all documents prepared or submitted on your behalf.
Be cautious of individuals without a physical office.
By reporting the fraud and seeking help from legitimate legal resources, you can take steps to remedy the harm caused by "notario fraud" and protect yourself and others in the immigrant community.