1.Short title.
This section may be known and cited as "the Immigration and Nationality Law Assistance Act."
2.Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
3.Nonlegal immigration and nationality law assistance authorized.
A person offering immigration and nationality law assistance may offer or provide only nonlegal immigration and nationality law assistance, except, however, that an attorney admitted to and in good standing before the bar of the State or a federally authorized immigration representative may provide immigration and nationality law assistance in the form of representation to the extent authorized by federal laws and regulations in immigration proceedings before agencies of the United States
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1.
Short title.
This section may be known and cited as "the Immigration and Nationality Law Assistance Act."
2.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
3.
Nonlegal immigration and nationality law assistance authorized.
A person offering immigration and nationality law assistance may offer or provide only nonlegal immigration and nationality law assistance, except, however, that an attorney admitted to and in good standing before the bar of the State or a federally authorized immigration representative may provide immigration and nationality law assistance in the form of representation to the extent authorized by federal laws and regulations in immigration proceedings before agencies of the United States Department of Homeland Security, the United States Department of Justice, the United States Department of Labor or the United States Department of State or other federal agency charged with carrying out the implementation of federal immigration and nationality laws.
4.
Prohibited activities.
In the course of dealing with customers or prospective customers, a provider of immigration and nationality law assistance may not:
5.
Unfair method of competition or unfair and deceptive act or practice.
A violation of this section substantially affects the public interest and constitutes an unfair method of competition and a deceptive act or practice in the conduct of trade or commerce for purposes of the Maine Unfair Trade Practices Act.
6.
Civil violation.
A violation of this section constitutes a civil violation for which a fine of not more than $5,000 may be adjudged.
7.
Civil action.
In addition to any other remedy that may be available, a customer who is aggrieved by a violation of this section may initiate a civil action in the Superior Court against the violator for injunctive relief or damages or both. If the court finds a violation of this section, the court may award to the customer:
8.
Attorney General action; report.
Whenever the Attorney General has reason to believe that a person within the State has engaged in or is engaging in activities that violate this section, the Attorney General may initiate an action in the Superior Court to enforce this section. The Attorney General, by January 1, 2007, and every January 1st thereafter, shall submit a report to the joint standing committee of the Legislature having jurisdiction over judiciary matters on the number and circumstances of all investigations that the Department of the Attorney General has initiated in the preceding year relating to violations of this section.