Private Right of Action in New York State

The Immigration Assistance Service Enforcement Act (IASEA) creates a private right of action for individuals defrauded by Immigration Service Providers.

IASEA states that “an individual who is harmed by a provider as a result of a provider’s violation of this article may bring an action in his or her own name against a provider to enjoin such unlawful act or practice, an action to recover his or her actual damages or twenty five hundred dollars, whichever is greater, or both such actions, in addition to any remedy available in law or equity. The Court may award costs and reasonable attorney’s fees to a prevailing plaintiff.”

For an overview on the civil law remedies available to victims of immigrant services fraud, see the Georgetown Law Community Project and Ayuda’s comprehensive guide entitled “Notario Fraud Remedies: A Practical Manual for Immigration Practitioners.”[1]

[1] Available at http://www.law.georgetown.edu/academics/academic-programs/clinical-programs/our-clinics/Community-Justice/upload/Notario-Fraud-Remedies-A-Practical-Manual-for-Immigration-Practitioners.pdf