Past State Legislation and Regulatory Changes

Click HERE to view a list of bills from the 2005-2006 Michigan legislative session.

Governor Signs Law to Protect Immigrants

On June 18, 2004, Governor Jennifer Granholm signed into law the Michigan Immigration Clerical Assistant Act (MICA), Public Act 161 of 2004. MICA is a law sponsored by Representatives Steve Tobocman (Detroit) and Bill Huizenga (Zeeland) that is designed to protect immigrant families from the unscrupulous practices of persons who complete immigration forms, commonly called "notarios."

"These new laws will protect immigrants from being scammed by persons who pose as ‘immigration consultants’ to help them fill out the myriad of paperwork in order to obtain a work permit or visa," Granholm said. "Unsuspecting immigrants are often robbed of thousands of dollars as these consultants fill out unnecessary paperwork and documents. Many of these immigrants do not understand English well enough to file a complaint or take legal action against these scam artists."

MICA says that persons (defined under the law as "immigration clerical assistants") who charge immigrant families a fee for completing immigration paperwork must apply with the Department of Labor and Economic Growth to be included on a list of immigration clerical assistants. They must also obtain a $50,000 surety bond that would ensure that immigrants who are victims of incompetence, fraud, or illegal services have some recourse in order to obtain their money back. Inclusion on the Department’s list does not indicate any specific level of competence or endorsement by the state – it is simply a tool that can be used by immigrants to help them determine if the clerical assistant maintains the proper bond.

MICA does not apply to persons whose services are otherwise regulated, such as attorneys and their assistants, and non-profit organizations that are recognized by the federal Board of Immigration Appeals. MICA also does not apply to anyone who performs immigration-related services without compensation.

The MICA law also contains the following protections for immigrants:

MICA goes into effect on October 1, 2004. Violations of MICA can result in a misdemeanor (93 days in jail and a $1,000 fine) for a first offense, or a felony for subsequent offenses (2 years in prison and a $10,000 fine). In addition, violations of the law can result in actions brought in court by affected immigrants and by any person who can prove a violation of the law.

"Notario" abuse has long been a concern of Farmworker Legal Services. We have seen many instances of immigrant families being torn apart by scam artists. The field of immigration law is too important to trust to those who simply prey upon immigrants’ lack of knowledge of the law. Errors can result in the loss of thousands of dollars in fees, months and years of needless waiting for benefits, and even deportation of family members who might otherwise be able to stay in the United States.

Farmworker Legal Services expects that MICA will result in fewer instances of immigrants and their family members paying money to "notarios" for worthless and incompetent services. Immigrants will also have the opportunity to stand up for their rights in court and hold these "notarios" accountable for their work.

New Social Security Number Requirement for Driver's Licenses

Beginning May 3, 2004, the Michigan Secretary of State started requiring that a person supply his or her social security number when applying for a driver’s license, or renewing a driver’s license. This change in procedure was required by the federal welfare reform act of 1996.  The purpose is to assist the government with enforcement of child support orders.

The Secretary of State procedure requires that a person who has a social security number must provide the number on the application or renewal form, and a person who does not have a social security number must certify to that fact on a certification form provided by the office.  The Secretary of State has announced that a person's social security number will be limited to people in government agencies who are involved in child support enforcement. 

Common reasons for not having a social security number include religious objections to obtaining one, not having legal work authorization from the U.S. Immigration office, and delays in the application process at the Social Security office.

Since there are potential fraud consequences for putting false information on a state form, a person who does not have a social security number should not put a number on the form that does not belong to them, and they should not write down a Tax ID number (ITIN). A person who does not have a social security number is still entitled to a driver’s license – the person simply has to certify in writing that he or she has never been issued a social security number.

Michigan Notary Public Law Begins Protecting Immigrants on April 1, 2004

On December 23, 2003, Governor Granholm signed into law Public Act 238 of 2003: the Michigan Notary Public Act. The Act takes effect April 1, 2004.

While most of the Act is a restatement and reorganization of Michigan’s existing notary public statutes, it contains significant new provisions that will help protect immigrants from unscrupulous "notarios." In many Latin American countries, including Mexico, a "notario público" is a highly skilled attorney, while in the U.S. a notary public is not required to have any particular skills or training, and whose main function it is to witness signatures and take oaths. Unfortunately, many notaries public in the U.S. take advantage of the misunderstanding of immigrants who think that U.S. notaries can perform legal work.

The Michigan Notary Public Act seeks to combat this deceitful and confusing behavior by:

· Prohibiting a notary public from claiming to have powers or qualifications that a notary does not have, including the power to counsel on immigration matters.

· Prohibiting a notary from literally translating terms like "notary public," "licensed," "attorney," or similar terms into a foreign language in documents, advertisements, letterhead, or business cards.

· Providing that a notary who is not an attorney and who advertises notarial services in a language other than English shall include in the advertisement, letterhead, or business card: (1) language that states that the notary is not an attorney and is not authorized to give advice in immigration or other legal matters, and (2) the fees that the notary is allowed to charge for notarial acts.

· Prohibiting the notary from using the term "notario público" or any equivalent non-English term in any business card, advertisement, notice, or sign.

A notary public who violates any provision of the Notary Public Act is subject to suspension or revocation of his or her notary commission, a civil fine, and a civil suit brought by an injured party.

Farmworker Legal Services has seen many examples of farmworker families who have lost time, money, and valuable documents to "notarios" who have provided incompetent and worthless immigration services. We will assist our clients in making complaints against notaries public who violate the new law.