The Supreme Court of New Jersey Committee on the Unauthorized Practice of Law published its Opinion 27 on October 31 of this year.  Opinion 27 states that non-resident attorneys who wish to practice immigration law in the state and who are not members of the New Jersey Bar cannot establish offices in the state. Any out-of-state attorneys can represent clients in New Jersey, but they are not allowed to open offices for conducting their business concerning these representations within the State of New Jersey. The Committee stated that unauthorized representation in immigration matters has become detrimental to the system and has kept qualified immigrants from entering the United States or from staying in them. The opinion of the Committee is that those representing clients without the proper accreditation and authorization should be prohibited from practicing in New Jersey and be subject to sanctions.

The Committee has received several complaints about unauthorized and unqualified representatives who have misled, poorly advised, and cheated immigrants, actions which have led to more severe consequences. Applicants and litigants in immigration matters who are badly represented and advised risk loss of benefits, physical liberty, and, in some cases, deportation. U.S. Immigration Judge Dana Marks Keener is quoted in Opinion 27 as stating: “Deportation is often tantamount to exile, with consequences which affect family members as well as the individual himself. In the worst case, inappropriate deportation can lead to incarceration, torture, or death in the hands of a persecutorial government from which the consumer sought refuge.” The Committee expresses the need to address the problem of abuses of non-lawyer practicing exceptions within the immigration law field as urgent, since there is a large potential to client harm.

Opinion 27 states that the Committee ought to work with federal authorities in this area in a cooperative undertaking to respond to complaints in a timelier manner. Should the Committee find an unaccredited or unqualified representative among the complaints that they receive, the Committee will notify the Department of Justice, the local immigration court, the Department of Homeland Security Office of Citizenship and Immigration Services, and Immigration and Customs Enforcement. Or, in appropriate cases, the Committee will cede jurisdiction of the complaint to the Committee on the Unauthorized Practice of Law. In addition, the Committee can refer such cases to the Office of the United States Attorney for prosecution or for further investigation.