Chapter 3. Immigration Matters of California Penal Code >> Title 15. >> Part 1. >> Chapter 3.
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.
For purposes of this chapter:
(a) "Compensation" means money, property, or anything else of
(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) "Person" means any individual, firm, partnership, corporation,
limited liability company, association, other organization, or any
employee or agent thereof.
(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.
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
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
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.
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.
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.