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Hernan Vera

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The Silent Casualties of Immigration Scams

Posted: 05/18/2012 8:07 am

With 11 million undocumented immigrants in this country, the need for comprehensive immigration reform is not going away.

In the meantime, however, there are untold casualties who are suffering in ways that few are discussing. Our nation's refusal to make immigration reform a priority has created the perfect storm for a silent problem to fester: immigration scams. Each year, undocumented immigrants are targeted, conned, and exploited by ruthless scam artists who promise the American dream but deliver only despair and financial ruin.

It has become such a persistent and growing problem that the federal government has created a database with over 6 million immigration fraud complaints, and for the first time last year created a joint task force to fight the scourge of "notario fraud" through a collaboration between the Departments of Homeland Security and Justice and the Federal Trade Commission. But enforcement efforts at the state and federal level can reach only the tiniest tip of the iceberg.

The story of Maria Gutierrez Aragon illustrates the ugly reality of what is happening every day. Maria is an indigenous Mexican woman from Oaxaca who has been in the United States for over 20 years, working at a dry cleaner and washing dishes at a restaurant. After years of abuse by her husband, Maria said enough is enough and reported the violence to the authorities.

As a victim of domestic violence, Maria is eligible for immigration relief under the U visa program that is intended to protect victims of crime. Taking advantage of her vulnerable situation, a family friend approached her and offered to help her. This "friend" told her that he would act as her personal representative, and that he would work with an immigration law firm to file a visa application on her behalf.

None of it turned out to be true. There was no immigration case, and the man eventually took $80,000 from her over nearly a decade.

How could it go on so long? To make this deception credible, the alleged scam artist forged numerous letters and documents from various government agencies and law firms threatening her with deportation or arrest if she told anybody about what was happening. Maria worked 14-hour days and borrowed large sums from family members to meet his ever growing demands.

Adding to this scheme of extortion, the "friend" coordinated a lengthy series of intimidating phone calls from third parties - all of which threatened deportation or incarceration if she failed to comply with the demands.

Unlike the vast majority of victims, Maria's story has a happy ending. Working with Public Counsel in Los Angeles, she now has an immigration case pending, and the Los Angeles District Attorney has filed criminal charges for grand theft against the alleged perpetrator. Maria talked about her ordeal to Univision.

Unfortunately, arrests like these are rare. That's what the federal task force on notario fraud is meant to help change. Until that happens, here are some steps you can take to avoid becoming a victim:

  • Make sure to consult an attorney, not a notario: If you are undocumented and need legal advice regarding your situation, avoid any notario, immigration consultant, or other so-called "professional" who is not a licensed attorney in your state. Request receipts for payments, request copies of all documents filed on your behalf, and make sure you have a representation agreement in writing. If anything doesn't feel right, get a second opinion.
  • There is free or low-cost legal help available for people who think they have been defrauded: The Board of Immigration Appeals has a website with referrals to local immigration attorneys or non-profits that can provide services for low or no cost.


While America debates the need for immigration reform, rampant fraud committed against immigrants is a hidden shame that affects millions of people. Maria's story shows there is something we can do to enforce our nation's promise of fairness -- not as citizens, legal permanent residents and undocumented people, but together.

The best and most direct way to eliminate the breeding ground for these immigration scams is to pass comprehensive immigration reform and put our brothers and sisters on the path to citizenship. It's time for our nation to have the courage of Maria and say enough is enough.

 

Follow Hernan Vera on Twitter: www.twitter.com/@PublicCounsel

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With 11 million undocumented immigrants in this country, the need for comprehensive immigration reform is not going away. In the meantime, however, there are untold casualties who are suffering in...
With 11 million undocumented immigrants in this country, the need for comprehensive immigration reform is not going away. In the meantime, however, there are untold casualties who are suffering in...
 
 
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01:22 AM on 05/23/2012
Bravo to Public Counsel for stepping into the breach!
Your work is awesome.
Thank you for sharing this story!
12:33 AM on 05/23/2012
These comments are very important as they underscore the need for a story like this. When you don't have respect for people (because they are here illegally, or are of a different race or ethnicity, or even in a different income group), you may feel it is somehow ok to violate their rights. These comments are a welcome reality check to me about the nature of our country. Even more so than this great article could hope to illustrate by Maria's example I must say. They have inspired me once again to keep working in favor of a better United States of America.
12:16 AM on 05/23/2012
These comments are very important as they underscore the need for a story like this. To all these people who are so fervently loathing against undocumented immigrants, you are all another sad example of why immigration reform is so important really. When you don't have respect for people (because they are here illegally, or are of a different race or ethnicity, or even in a different income group), you feel it is somehow ok to violate their rights. So it is many of you who may easily be tempted to become the next perpetrators. Without question you would turn your back on doing the right thing based on human grounds, since people like Maria don’t deserve to be protected in your eyes. So, to you I say thank you for coming out in numbers and showing your true stripes. Thank you for the reality check. Your anger has inspired me once again to keep working in favor of a better United States of America.
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HUFFPOST SUPER USER
BiggpussJr
pissin em off one comment at a time.
02:46 PM on 05/21/2012
Each year, undocumented immigrants are targeted, conned, and exploited by ruthless scam artists who promise the American dream but deliver only despair and financial ruin.

So if she had not broke the law she would still have her money? I mean one criminal robbing another has been going on for as long as there have been people.
04:50 PM on 05/21/2012
she committed a civil violation, and she paid all the taxes required by USA, so she is criminal as you are when yo have a speeding ticket.
11:11 AM on 05/21/2012
While the Chamber of Commerce blocks INS enforcement of immigration laws to exploit low cost labor, they will never grant amnesty to illegals as they would have to pay the same rate as any legal citizen, which would negate any advantage. Illegal aliens thinking they can whine their way to amnesty are mistaken and they would be better off going home and self deport.
This comment has been removed due to violations of our [Guidelines]
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inthedesert
Those who never question will fall for anything.
04:37 PM on 05/22/2012
Agreed. All the complaining is just turning more and more Americans against them and their "cause".
10:59 PM on 05/19/2012
There are 19 million unemployed Americans, about 11 million of whom used to do the jobs that the 7.3 million employed illegal immigrants now do. Why does this author refuse to see how these people were scammed out of jobs so that the very same people who this author claims are now being scammed could work illegally to the USA? Who cries for these American workers? Abviously not anyone campaigning for "comprehensive immigration reform" for their "borthers and sisters".
04:56 PM on 05/21/2012
They are 12 million Americans without employment, but they still do not want these jobs, and america will provide whoever is looking for it, this is the land of the dreams and opportunities, all we have to do is looking for them, and work hard to obtain
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Puller58
Man of Mystery
09:40 AM on 05/19/2012
No counselor, you are ignoring a far easier solution to your problem. Advise those you are concerned about to simply turn themselves in to be returned to their country of origin. Then they will no longer be targets for scam artists, and can apply to come into the US legally. That is the proper way to handle this. What you are doing is holding the US hostage to further the goals of those who think border should be open, and the US should be a refugee camp for everyone who is looking for a free ride.
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inthedesert
Those who never question will fall for anything.
04:37 PM on 05/22/2012
fanned and faved.
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spytheweb
Black Democrat
04:21 AM on 05/19/2012
"Our nation's refusal to make immigration reform a priority has created the perfect storm for a silent problem to fester: immigration scams."

It did make it a priority, in 1986, how's that working out? Immigration scams, when you're outside the law many things happen to you. When people set out to buy drugs they are often ripped off. When you break the law your problems just snowball.

If these people were to remain in the country of their birth, they would not have this problem. Their need for amnesty will not go away, what about their need to improve their countries, is that never going to go away too or was it never there? That's why they have problems.
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Vicky Valentine Proud
It is what it is.
02:50 AM on 05/19/2012
$80,000 over a decade ($8,000 over 10 years) from someone who works as a dry cleaner and dishwasher, how much does she make?

Not to mention she was scammed by a family 'friend', perhaps a fellow countryman, who is probably here illegally as well, hard to say as they do not reveal much about him. But to say that "the best and most direct way to eliminate the breeding ground for these immigration scams is to pass comprehensive immigration reform and put our brothers and sisters on the path to citizenship" for that very reason is lame. There are millions of legal Americans who are victims of all sorts of scams (the elderly being one of the highest groups), so why do we have to make these people citizens based on that reasoning alone. Not only is it lame reasoning but it may also, in the process, grant citizenship to the scammers as well, so why should we reward law breakers of any sort? I know she is afforded due process of law under our Constitution, but once her fraud case is resolved, she should be deported.
07:51 PM on 05/18/2012
There's an untold story about Hispanic mortgage brokers scamming illegal aliens into unaffordable mortgages. There are stories about Hispanic scamsters targeting underwater illegal aliens with schemes so they can stay in the houses they can't afford. And, yes, there are scams, many perpetrated by Hispanics on illegal aliens, promising various never going to happen immigration remedies.

The answer to all of these scams is not to legalize the scammed illegal aliens, it is to get them deported and dry up all these markets.
07:12 PM on 05/18/2012
"The best and most direct way to eliminate the breeding ground for these immigration scams is to pass comprehensive immigration reform and put our brothers and sisters on the path to citizenship. It's time for our nation to have the courage of Maria and say enough is enough."

The best way to eliminate these immigration scams is NOT "comprehensive immigration reform" because amnesty just begets more illegal aliens and more exploiters of them. It solves nothing and just perpetuates the problem. The best way to reduce these immigration scams is a deterrent policy which will lead to much fewer aliens to be scammed.

As an attorney, why don't you show some respect for our immigration law? I agree "enough is enough": we have more than enough people in the U.S. Your simplistic call for amnesty after amnesty is no solution. Aside from making a mockery or our law and sovereignty, we can't just look the other way at every illegal alien because high legal and illegal immigration will put us on a path to 800+ million population by century's end (see Census Bureau projections). Your way would probably get us to a billion quicker than that.
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inthedesert
Those who never question will fall for anything.
04:39 PM on 05/22/2012
Great posting.
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ugly american
"I drank what?"- Last words of Socrates
05:19 PM on 05/18/2012
This is not a problem that needs Comprehensive Immigration Reform to solve, nor do we need create any new rights. This involves strictly foreign citizens and their country and culture is solely responsible.
"a family friend approached her"
They tend to trust family and friends more than they would law enforcement or US public agencies and trust what Unvision and other Spanish media tell them. That is where the message needs to be and it will require the help of Mexico to educate Spanish speaking people about scams.
As for new rights and laws to help people who didn't think our laws mattered too much when they came here, none are needed. They still need to go back to the nations they came from, but America is better than to allow them to get robbed on the way out.
That's our neighbor's gig.
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Snake1994
Snakebite!
03:58 PM on 05/18/2012
Put our brothers and sisters on a path to citizenship! That's another term for amnesty. Why is it that no other nation in the world is trying to change our immigration policies, only people from Mexico? I can't believe how many illegal alien and open border advocates that have come into existence in the last 10 years. It's just mind boggling! It's like there is some kind of Latino conspiracy going on in this country. I pray that's not the case!
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BiggpussJr
pissin em off one comment at a time.
02:48 PM on 05/21/2012
It is. I have been told in numerous comments that "they plan to take over" THEIR land that was taken from them.
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Snake1994
Snakebite!
03:10 PM on 05/21/2012
I've heard that also! It still bothers them.
03:42 PM on 05/21/2012
Look at the real history of the land that was "taken" from them. The Mexican government was every bit as racist as the American government to the Indians. Both the Apache and Commanche were at war with Mexico. The Mexicans never once thought of arming the Indians and giving them full Mexican citizenship in return for holding onto the land. Instead, the Mexican government let the Anglos into Texas because they could not get enough Mexicans to live there. When Santa Ana dissolved the Mexican Constitution, revolts broke out all around Mexico. The Tejanos and Texians just happened to win.

Later, Mexico had a European trained army much larger than the US which had no standing army. The Mexican elite were chomping at the bit to start the war that became the War of Mexican Cession. They thought they were going to win and get back Texas and take Louisiana as well. It didn't work out they way.
02:46 PM on 05/18/2012
Scamming lawbreakers? And you want us to have sympathy for them? Seriously?
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Lukester
03:12 PM on 05/18/2012
Heartless.
11:30 PM on 05/18/2012
I agree. Illegals are heartless. They have no respect for the country, the American people, or legal immigrants.