California 2017-2018 Regular Session Status: Passed Assembly 2 D cosponsors

AB 638 — Immigration consultants.

Last action — Read third time. Refused passage. (Ayes 13. Noes 17. Page 6055.).

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law regulates the practice of immigration consultants who provide nonlegal assistance or advice in an immigration matter. Existing law prohibits any person, for compensation, from engaging in the business or acting in the capacity of an immigration consultant in this state, unless that person complies with the regulations in state law governing the practice of immigration consultants, is an attorney, or is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. Existing law provides that immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be the only individuals authorized to charge clients or prospective clients a fee for providing services associated with filing an application under a federal program referred to as the deferred action program, and prohibits immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals from participating in practices that amount to price gouging, as defined, when a client or prospective client solicits these services. Existing law establishes both criminal and civil penalties for a violation of specified provisions related to immigration consultants. This bill, beginning on January 1, 2020, would make it unlawful for a person, for compensation, other than a person authorized to practice law in this state, or a person authorized to represent others under federal law in an immigration matter, or a paralegal acting under the active supervision of an attorney, to engage in the business or act in the capacity of an immigration consultant in this state. The bill would provide that the provisions described above do not apply to an automated immigration form population service. The bill would require the Secretary of State, in coordination with specified state agencies, to develop an Internet Web site that would include specified information related to immigration services available in California, including information related to persons recognized or accredited as authorized providers of immigration services by the United States Department of Justice. The bill would remove notaries public from the provisions described above relating to the federal deferred action program, and would, instead, authorize a paralegal to charge fees for services related to the deferred action program and subject a paralegal to the price gouging prohibition described above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Read third time. Refused passage. (Ayes 13. Noes 17. Page 6055.).

  2. Read second time. Ordered to third reading.

  3. Read third time and amended. Ordered to second reading.

  4. Read second time. Ordered to third reading.

  5. From committee: Do pass. (Ayes 5. Noes 2.) (August 16).

  6. In committee: Referred to APPR. suspense file.

  7. In committee: Set, first hearing. Hearing canceled at the request of author.

  8. In committee: Hearing postponed by committee.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  10. In committee: Hearing postponed by committee.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 11).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  15. Referred to Com. on JUD.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 21. Page 1959.)

  18. Read second time. Ordered to third reading.

  19. Assembly Rule 63 suspended. (Ayes 52. Noes 24. Page 1776.)

  20. Read second time and amended. Ordered returned to second reading.

  21. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 26).

  22. In committee: Set, first hearing. Referred to APPR. suspense file.

  23. Re-referred to Com. on APPR.

  24. Read second time and amended.

  25. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 18).

  26. Re-referred to Com. on JUD.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  28. Referred to Com. on JUD.

  29. From printer. May be heard in committee March 17.

  30. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 7 voted No

Sponsors (1)

  • Caballero

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Bradford — Yea
Hill — Yea
Nielsen — Yea
Portantino — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 638 CABALLERO Assembly Third Reading

Passed 52 Yea · 21 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 371505
Democratic 14200
Republican 1402
Total 522107
% of votes cast 65%26%0%9%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Holden — Yea
Jones-Sawyer — Yea
Maienschein — Nay
Mathis — Nay
O'Donnell — Yea
Rendon — Yea
Ridley-Thomas — Yea
Ting — Yea
Chau — Yea
Eggman — Not Voting
Daly — Not Voting
Frazier — Yea
Friedman — Yea
Gloria — Yea
Rubio — Yea
Burke — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Low — Yea
Mullin — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Salas — Yea
Bocanegra — Yea
Medina — Yea
Gray — Yea
Cooley — Yea
Gonzalez Fletcher — Yea
Gomez — Yea
Harper — Nay
Levine — Yea
Mayes — Nay
Cunningham — Nay
Dababneh — Yea
McCarty — Yea
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Voepel — Nay
Waldron — Nay
Kiley — Nay
Melendez — Not Voting
Baker — Nay
Nazarian — Not Voting
Steinorth — Nay
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Nay
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Yea
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Subjects

immigration labor
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Frequently asked questions

What does AB 638 do?
(1) Existing law regulates the practice of immigration consultants who provide nonlegal assistance or advice in an immigration matter. Existing law prohibits any person, for compensation, from engaging in the business or acting in the capacity of an immigration consultant in this state, unless that person complies with the regulations in state law governing the practice of immigration consultants, is an attorney, or is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. Existing law provides that immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be the only individuals authorized to charge clients or prospective clients a fee for providing services associated with filing an application under a federal program referred to as the deferred action program, and prohibits immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals from participating in practices that amount to price gouging, as defined, when a client or prospective client solicits these services. Existing law establishes both criminal and civil penalties for a violation of specified provisions related to immigration consultants. This bill, beginning on January 1, 2020, would make it unlawful for a person, for compensation, other than a person authorized to practice law in this state, or a person authorized to represent others under federal law in an immigration matter, or a paralegal acting under the active supervision of an attorney, to engage in the business or act in the capacity of an immigration consultant in this state. The bill would provide that the provisions described above do not apply to an automated immigration form population service. The bill would require the Secretary of State, in coordination with specified state agencies, to develop an Internet Web site that would include specified information related to immigration services available in California, including information related to persons recognized or accredited as authorized providers of immigration services by the United States Department of Justice. The bill would remove notaries public from the provisions described above relating to the federal deferred action program, and would, instead, authorize a paralegal to charge fees for services related to the deferred action program and subject a paralegal to the price gouging prohibition described above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 638?
AB 638 is sponsored by Caballero, Gonzalez Fletcher, Gipson, Mike A. (Democratic), and Wiener, Scott D. (Democratic).
What is the current status of AB 638?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 638?
Track AB 638 free on One Click Politics — get push/email alerts when it moves.

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