New Immigration Law May Spur Fraud, Experts Say

Passage of the immigration reform bill is likely to increase the number of document counterfeiters and swindlers claiming to offer bona fide immigration counseling for a fee, authorities in San Diego say.

They say some storefront consultants in San Diego have reportedly begun distributing leaflets advertising supposed skills in dealing with the pending law. There is also concern that counterfeiters will step up the already booming business in bogus driver’s licenses, Social Security cards, rent receipts and other documents that may be essential under the new law.

“The opportunity certainly is there for the growth of fraud,” said Clifton Rogers, deputy district director of the U.S. Immigration and Naturalization Service in San Diego.

William Newsome, deputy San Diego city attorney who heads the consumer fraud unit, added, “It wouldn’t surprise me if this type of thing began to crop up more and more, given a greater interest in (legal) immigration.”

The new legislation, mandating broad changes in the nation’s immigration laws, received final congressional approval last week. President Reagan is expected to sign it into law.

Even without the complex new legislation, immigration law is sufficiently Byzantine to cause immigrants to seek advice from attorneys, public service agencies or private consultants. There have been numerous allegations across the country in the past--particularly in areas with large numbers of illegal aliens--that storefront consultants with little knowledge of immigration law have charged thousands of dollars to do little more than fill out routine forms.

Some immigration experts fear an increase in immigration fraud under the new law, which has already created considerable confusion in the illegal alien community. Among the prime sources of confusion are the law’s provisions for an “amnesty” for illegal aliens who have resided in the United States continuously since Jan. 1, 1982. The INS has yet to spell out the exact criteria to qualify for such legalization, but there are already indications that some profiteering has occurred.

“I understand that some immigration consultants have already put out leaflets,” said Marco Antonio Rodriguez, executive director of Centro de Asuntos Migratorios, a nonprofit agency that works with immigrants in San Diego County. “They’re already inducing candidates for amnesty to come in and start the process, and there is no process to start.”

Another potential source of abuse is the market for bogus documents, even though the new immigration law would substantially increase penalties for immigration document fraud.

Last summer, Mexican and U.S. authorities cracked down on a fake document-producing ring operating in Tijuana and Los Angeles that may have defrauded more than 3,000 people, mostly Mexican citizens. Victims paid as much as $1,200 each to supposedly be granted permanent residence status in the United States, authorities said. Members of the ring impersonated INS workers and issued the victims bogus documents, authorities said.

Under the new law, illegal aliens seeking legalized status could use documents such as rent receipts, paycheck stubs and other records to demonstrate their continuous residence in the United States. Many observers point out, however, that undocumented workers who otherwise qualify under the law are unlikely to have kept detailed records, and will be forced to turn to forged documents.

“The immigration bill, in my opinion, opens up a Pandora’s box of fraud,” said Frank Morell, an immigration attorney in San Diego.

“I think the only people who may ultimately benefit from legalization will be the people in the business of manufacturing fraudulent documents,” said Linda Wong, associate counsel with the Southern California office of the Mexican American Legal Defense and Educational Fund. “You’re talking about people who do not leave a paper trail behind them.”

In addition, the new law’s imposition of sanctions against employers who knowingly hire illegal aliens will probably mean that many employers will require prospective workers to demonstrate proof of U.S. residence, including documents such as driver’s licenses and Social Security cards. Replicas of such documents are already readily available on the black market, and many believe that the supply is likely to increase as the documents become even more critical.

“What choice do people have?” said Herman Baca, chairman of the Committee on Chicano Rights in San Diego. “It’s either starvation in Mexico or you pick up a fraudulent document.”