YONKERS, NY — New York Attorney General Letitia James said that she has stepped in to protect immigrants from a fraudulent immigrant assistance service provider who misled and threatened immigrants.
An investigation by the Office of the Attorney General (OAG) found that Jacquelin Mercado, an immigrant assistance service provider in Yonkers, fraudulently claimed to be an attorney licensed in the United States, illegally offered legal advice and intimidated at least one customer by threatening to report them to immigration authorities. James said an agreement reached on Wednesday means Mercado will pay nearly $10,000 in restitution to four different customers in Westchester and New York City, and stop all false advertising of her services.
"New Americans starting their lives in this country often need help navigating our immigration system," James said in a statement announcing the agreement. "Jacqueline Mercado took advantage of that fact and used her position to intimidate and scam immigrants who relied on her for assistance and support. Every New Yorker, especially our most vulnerable, deserves to be treated with dignity and respect and should be confident that the services they pay for are legitimate. I encourage any immigrant who thinks they may have been taken advantage of to contact my office and help us ensure bad actors and scammers are taken down."
According to the AG, immigrant assistance service providers can help their customers by translating documents and providing other support with forms and applications. However, they are not attorneys and cannot provide legal advice or representation. New York law requires providers to follow certain rules, including posting signs explicitly stating they are not attorneys, to protect immigrants from scams and fraud.
An investigation by the OAG found that Mercado was in violation of a number of provisions of New York's Immigrant Assistance Service Enforcement Act. Mercado fraudulently posed as a lawyer and used the title "attorney at law" even though she was not licensed to practice law in the United States, according to the AG. Mercado also unlawfully offered legal advice, potentially putting her customers in danger, James' office said. The investigation also found that she had threatened to report at least one customer to immigration authorities and threatened to undermine their efforts to secure lawful immigration status.
"There are many legitimate resources, attorneys, and organizations dedicated to helping immigrants in New York, and as a state, we’ve invested tens of millions of dollars to help this population," New York Senate Majority Leader Andrea Stewart-Cousins said of Wednesday's announcement. "I am so glad Attorney General James is taking on fraudulent immigrant assistance service providers who are looking to take advantage of this vulnerable community."
As a result of the agreement, Mercado must immediately stop all false advertising, explicitly state in any advertisements that she is not a licensed attorney, and pay restitution to four different customers totaling $9,946.48. In addition, Mercado must fully comply with all laws governing immigrant assistance service providers, including posting the necessary signs informing customers of their rights, updating her contracts to include language informing customers that she is not an attorney and cannot offer legal advice, and obtaining the necessary financial surety to make sure customers seeking refunds or compensation for damages will be paid.
"While immigrant assistance service providers play a crucial role in supporting immigrants, they must adhere to the law and protect the rights of those they serve," Westchester County Executive George Latimer said. "This settlement secured by Attorney General James serves as a reminder that fraudulent practices and misrepresentation will not be tolerated, and that New York's immigrant protection laws will be enforced to ensure the safety and well-being of all immigrants."
Attorney General James said she is committed to protecting immigrants and all vulnerable New Yorkers. Anyone who believes they may have been the victim of fraud is encouraged to report complaints by filling out a complaint form or calling 1-800-771-7755. Any identifying information provided to the office will be protected according to state law and policies on the safeguarding of identifying information, according to the AG.
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