Notorious Notarios
When illegal immigrants need legal help, illegal "lawyers" exploit them
by John Spragens
The stories all sound alike. A Hispanic immigrant who doesn't speak any English wants to apply for temporary protected immigration status in the U.S. She can't afford the $200 consultation fee many lawyers charge to determine which forms and schedules need to be filled out and sent to which office of which branch of the federal government. So she seeks out a Spanish-speaking notario, who promises to help her file the proper government paperwork. In the process, something gets screwed up, and before long she is arrested and deported.
That scenario plays out every day across the country, according to local immigration lawyers and national advocacy groups, and among Nashville's growing Spanish-speaking population it's increasingly common. Last month, a Department of Justice attorney sent Nolensville Road business Ceja Enterprises a "cease and desist" letter, warning it that "any further attempts to represent individuals" in front of the Executive Office for Immigration Review and the Department of Homeland Security "will be a violation of federal regulations."
Of course, they already were violations of federal regulations, according to immigration attorney Sean Lewis, who filed the complaint against Carmen Ceja's company. "I see one case a week that she has screwed up. It's really just stupid mistakes," he says. "To look these people in the eye and see their lives destroyed the way they are...you get to a point where you just have to do something."
In Latin American countries, a notario is a type of civil attorney who has the authority of the government to verify legal documents. In the U.S., though, a notary is just a professional witness—someone with a stamp who certifies that you personally signed a form. It's a big difference—and a source of confusion that businesses who prey on immigrants mine for cash. Basically, they make legal judgments without legal training.
All form-filling requires legal judgment, says Elliot Ozment, chairman of the Nashville Bar Association's immigration law committee. "The first thing you have to determine before you file any form is to make a legal decision whether you should file that form," he says. "Deciding which one to select for filing involves the practice of law."
It is the unauthorized practice of law that's at issue when immigrants are exploited; UPL violations, as they're known, are defined in Tennessee law but not with specific regard to immigration law and notarios. That means businesses are free to exploit the word notario's dual meanings.
"We have seen plenty of evidence of individuals being scammed and defrauded into believing that payment of a fee will guarantee their citizenship, or a change in immigration status, or that people will do something for them that they can't do for them," says Allan Ramsaur, executive director of the Tennessee Bar Association, who won't comment specifically on the Ceja case. "And yet it's difficult to make cases because the very people who are scammed are reluctant to come forward because of their concern about their immigration status."
Even when violations are clear, then, it's hard to find anyone to report them. In the words of immigration attorney Mario Ramos: "You get your justice, sure, but you get deported."
Ramos says local law enforcement agencies haven't yet been willing to take independent enforcement action. He describes a meeting with Metro Police Chief Ronal Serpas in which Serpas said he would do more about the issue as soon as more victims came forward. "We were not happy with his response," Ramos says. "We were hoping for a little bit more of a proactive response rather than, 'Bring us someone, and we'll see what we can do.' "
It's the same story all the way up the law enforcement chain. Ramos says he has sent multiple UPL complaints to the Tennessee attorney general's office, but no action has ever been taken on them. "The response we've always gotten is that they've got a lot of things on their plate," Ramos says. "It all goes back to political power. If Hispanics and other immigrants had political power, they would address our needs."
A spokeswoman for the attorney general's office says she can't comment on or confirm any UPL complaints that may or may not have been filed, though she says that between 50 and 100 such complaints were lodged last year. She directs any consumers who have been affected by the unauthorized practice of law to call the state consumer protection line at (615) 741-1671.
Over at the U.S. attorney's office, things aren't much clearer. In the Ceja case, for example, the U.S. attorney's office wasn't notified about the violation, so it doesn't seem like the Department of Justice office that sent the letter wanted any enforcement action taken. Presumably, next time Ceja Enterprises illegally attempts to represent an immigrant, they'll get caught—but will any enforcement action be taken?
And will it even matter? Jennifer J. Rosenbaum, a staff attorney with Southern Migrant Legal Services, says one of the root causes of unauthorized immigration law practice is the lack of cheap legal services for immigrants. "Until there are other kinds of options for people, enforcement's only going to go so far," she says, citing the need for collaborative efforts among bar associations, private granting agencies and the government. "I think right now there's growing recognition of the problem, but we still need to find some solutions."
Immigration law is complicated stuff: one false move or misfiled application can damage many lives. The state bar association has formed a committee to study UPL violations and hopes to make some recommendations in time for the next legislative session. A handful of other states have successfully launched programs that police those who would take advantage of non-English speakers.
In the meantime, Ramos is banking on enforcement of current laws and hoping Paul Summers will take a cue from another attorney general who's got a reputation for toughness. "I guess we need Elliot Spitzer in Tennessee, not in New York," he says.
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