(1) Legislative declaration. The general assembly hereby finds and determines that the practice by some nonattorneys of providing legal advice or services in immigration matters negatively impacts the people who use their services and the public interest in preventing fraud and providing adequate opportunities to pursue immigration relief. While the Colorado supreme court regulates the practice of law in this state, the general assembly hereby finds and declares that it is in the public interest to prohibit nonattorneys from engaging in deceptive trade practices in immigration services in addition to the Colorado supreme court's prohibition against the unauthorized practice of law.
(2) Definitions. As used in this section, unless the context otherwise requires: (a) "Compensation" means money, property, or anything else of value.
(b) (I) "Immigration matter" means a proceeding, filing, or other action that affects a person's immigrant, nonimmigrant, or citizenship status that arises under an immigration and naturalization law, executive order, or presidential proclamation or pursuant to an action of the United States citizenship and immigration services, the United States immigration and customs enforcement, the United States department of labor, the United States department of state, the United States department of justice, the United States department of homeland security, the board of immigration appeals, or their successor agencies, or any other entity having jurisdiction over immigration law.
(II) "Immigration matter" includes a pending or future act of congress or executive order that concerns immigration reform.
(c) "Practice of law" has the meaning established by the Colorado supreme court, whether by rule or decision.
(3) Prohibited practices - assistance with immigration matters - permitted practices. (a) A person shall not engage in the practice of law in an immigration matter for compensation unless the person is:
Licensed or otherwise authorized to practice law in this state pursuant to Coloradosupreme court rules and article 93 of title 13; or
Authorized, under federal law, whether acting through a charitable organization orotherwise, to represent others in immigration matters.
(b) If a person other than a person listed in subparagraph (I) or (II) of paragraph (a) of this subsection (3) engages in or offers to engage in one or more of the following acts or practices in an immigration matter for compensation, the person engages in a deceptive trade practice:
Advising or assisting another person in a determination of the person's legal or illegalstatus for the purpose of an immigration matter;
For the purpose of applying for a benefit, visa, or program related to an immigrationmatter, selecting for another person, assisting another person in selecting, or advising another person in selecting a benefit, visa, or program;
Selecting for another person, assisting another person in selecting, or advising another person in selecting his or her answers on a government agency form or document related to an immigration matter;
Preparing documents for, or otherwise representing the interests of, another personin a judicial or administrative proceeding in an immigration matter;
Explaining, advising, or otherwise interpreting the meaning or intent of a questionon a government agency form in an immigration matter;
Demanding or accepting advance payment for the future performance of services inan immigration matter, especially with regard to services to be performed if a pending or future act of congress or executive order that concerns immigration reform is made effective; or
Selecting, drafting, or completing a legal document affecting the legal rights ofanother person in an immigration matter.
(c) With or without compensation or the expectation of compensation, a person other than a person listed in subparagraph (I) or (II) of paragraph (a) of this subsection (3) engages in a deceptive trade practice in an immigration matter if he or she represents, in any language, either orally or in a document, letterhead, advertisement, stationery, business card, website, or other written material that he or she:
Is a notario publico, notario, immigration assistant, immigration consultant, immigration specialist, or other designation or title that conveys or implies in any language that he or she possesses professional legal skills or expertise in the area of immigration law; or
Can or is willing to provide services in an immigration matter, if such services would constitute the practice of law.
(d) The prohibitions of subsection (3)(a) to (3)(c) of this section do not apply to the activities of a nonattorney assistant acting under the supervision of a person who is:
Licensed or otherwise authorized to practice law in this state pursuant to Coloradosupreme court rules and article 93 of title 13; or
Authorized, under federal law, to represent others in immigration matters.
(e) Notwithstanding paragraphs (a) to (d) of this subsection (3), a person other than a person listed in subparagraph (I) or (II) of paragraph (a) of this subsection (3) may:
Offer or provide language translation or typing services, regardless of whether compensation is sought;
Secure or offer to secure existing documents, such as birth and marriage certificates,for a person seeking services; or
Offer other immigration-related services that:
(A) Are not prohibited under this subsection (3), section 24-21-523 (1)(f) or (1)(i) or 24-
21-525 (3), (4), or (5), or any other provision of law; and (B) Do not constitute the practice of law.
Source: L. 2016: Entire section added, (HB 16-1391), ch. 354, p. 1453, § 1, effective June 10. L. 2017: (3)(a)(I), IP(3)(d), and (3)(d)(I) amended, (SB 17-227), ch. 192, p. 704, § 3, effective August 9; (3)(e)(III)(A) amended, (SB 17-132), ch. 207, p. 808, § 5, effective July 1, 2018.
Editor's note: Section 8(1) of Senate Bill 17-132 was amended by section 121 of Senate Bill 17-294 to change the effective date of Senate Bill 17-132 from August 9, 2017, to July 1, 2018.