It is a misdemeanor for any person for compensation to knowingly make a false or misleading material statement or assertion of fact in the preparation of an immigration matter which statement or assertion is detrimentally relied upon by another. Such a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both.
Miscellaneous CrimesImmigration Matters
Section § 653.55
This law makes it a misdemeanor if someone is paid to help with immigration matters and knowingly provides false or misleading information that someone else relies on. If caught, the person could face up to six months in jail, a fine up to $2,500, or both.
misdemeanor false statements misleading information
Section § 653.56
This section clarifies the definitions used in immigration-related laws. It defines "compensation" as any valuable exchange, not limited to money. "Immigration matter" involves any legal action affecting a person's immigration or citizenship status, including proceedings from U.S. authorities like Immigration and Customs Enforcement. "Person" covers individuals and various organizations or their representatives. "Preparation" is about giving advice and drafting documents for immigration cases.
For purposes of this chapter:
(a)CA Penal Law Code § 653.56(a) “Compensation” means money, property, or anything else of value.
(b)CA Penal Law Code § 653.56(b) “Immigration matter” means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Immigration and Customs Enforcement, the United States Department of State, or the United States Department of Labor.
(c)CA Penal Law Code § 653.56(c) “Person” means any individual, firm, partnership, corporation, limited liability company, association,
other organization, or any employee or agent thereof.
(d)CA Penal Law Code § 653.56(d) “Preparation” means giving advice on an immigration matter and includes drafting an application, brief, document, petition, or other paper, or completing a form provided by a federal or state agency in an immigration matter.
immigration status compensation definition legal proceedings
Section § 653.57
This law states that if someone breaks the rules in this chapter, a superior court can stop them by issuing an injunction. This court action can be initiated by the Attorney General, district attorneys, county counsels, city attorneys, or city prosecutors.
Any person violating the provisions of this chapter may be enjoined by any superior court of competent jurisdiction upon an action for injunction, brought by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state, and the superior court shall, after proof of violation, issue an injunction or other appropriate order restraining such conduct.
injunction superior court violation
Section § 653.58
If someone intentionally breaks an injunction made under Section 653.57, they can be fined up to $2,500 for each violation. If the wrongdoing continues over time, each day counts as a separate offense.
Any person who intentionally violates any injunction issued pursuant to Section 653.57 shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. Where the conduct constituting a violation is of a continuing nature, each day of such conduct is a separate and distinct violation.
injunction violation civil penalty intentional violation
Section § 653.59
If someone breaks the rules outlined in this chapter, they could face a civil fine of up to $2,500 for each violation. This fine can be pursued in court by the California Attorney General, district attorneys, county counsels, city attorneys, or city prosecutors.
The distribution of the collected fine depends on who brings the lawsuit. Half the funds go to the county and half to the state if the Attorney General brings the case. If it's brought by a district attorney or county counsel, the county gets the full amount. For cases brought by a city attorney or prosecutor, the fine is split between the county and city.
Anyone acting on behalf of the general public can file a complaint to initiate such actions.
Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state in any court of competent jurisdiction. If the civil action was brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State General Fund. If the civil action was brought by a district attorney or county counsel, the entire amount of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If the civil action was brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city.
The action may be brought upon the complaint of any person acting for the interests of itself, or members, or the general public.
civil penalty violation of chapter Attorney General
Section § 653.60
If someone breaks the rules in this chapter and it causes you harm, you can get compensation. You'll receive either the actual damages you suffered or $500, whichever amount is higher. You can also claim the costs related to filing the lawsuit, including reasonable attorney’s fees.
Any person injured by violation of this chapter may recover: (a) his actual damages or five hundred dollars ($500), whichever is greater; and (b) the costs of the suit, including reasonable attorney’s fees.
actual damages compensation attorney's fees
Section § 653.61
This section states that the penalties or remedies mentioned in this chapter can be combined with those from other state laws. So, if someone breaks the law, they can face multiple consequences from different sources.
The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.
cumulative penalties cumulative remedies multiple consequences
