MICHIGAN IMMIGRATION CLERICAL ASSISTANT ACT (EXCERPT)
Act 161 of 2004
338.3467 Prohibited conduct.
(1) An immigration clerical assistant shall not do any of the following:
(a) Offer or give legal advice including, but not limited to, selecting the type of application or form to be submitted to a government agency, recommending a procedure to be followed in seeking a benefit under the immigration and nationality act, chapter 477, 66 Stat. 163, 8 USC 1101, et seq., and altering or deleting language on standard immigration forms.
(b) Engage in the unauthorized practice of law as determined by a court of competent jurisdiction.
(c) Represent that the offering or the provision of services is legal advice or legal services.
(d) Falsely represent that the offering or the provision of services is necessary.
(e) Falsely represent that the offering or the provision of services is in response to a request by or on behalf of a consumer.
(f) Represent that the life, safety, or welfare of the consumer and his or her family would be adversely affected if the services of an immigration clerical assistant are not provided.
(g) Fail to reveal a material fact regarding an immigration matter or regarding services, which fact could not be reasonably known to the consumer, the omission of which tends to mislead or deceive the consumer.
(h) Take advantage of a consumer's inability to protect his or her interests when the immigration clerical assistant knows or should reasonably know of a consumer's disability, illiteracy, or inability to understand the language of any documentation or government form.
(i) Regarding services not described in section 11, charge a consumer a price for services that is not reasonable under the circumstances.
(j) Make a false or fraudulent representation of fact or statement material to the services provided.
(k) Fail to reveal facts material to the services provided in light of representations of fact made in a positive manner.
(l) Engage in any method, act, or practice that is unfair or deceptive.
(m) Act as an intermediary between the consumer and the federal government in an immigration matter.
(n) Make any representation orally or in writing that the immigration clerical assistant guarantees or promises a specific immigration benefit or result.
(o) Represent or imply that the immigration clerical assistant will be able to obtain any special influence over, or treatment from, any government entity with respect to an immigration matter.
(p) Make a false statement or representation to the department as part of the application process for initial or renewal placement on the list.
(q) Use a term implying that the individual placed on the list is approved, certified, or licensed by the state of Michigan or the federal government.
(2) An immigration clerical assistant shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material describing the role of the immigration clerical assistant, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies that the person is an attorney. As used in this subsection, “literally translate” means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language that is being translated.
History: 2004, Act 161, Eff. Oct. 1, 2004
© 2009 Legislative Council, State of Michigan