HELPING YOUR COMMUNITY
WITHOUT ENGAGING IN THE
UNAUTHORIZED PRACTICE OF LAW
THE PRACTICE OF LAW
Courts and legislatures have said that the following
activities involve the practice of law:
• Applying law to facts -- telling someone how the
law works in their specific case;
• Representing others in court proceedings; and
• Holding oneself out as a “notario” or lawyer.
THE PRACTICE OF LAW
Who has permission to practice
immigration law?
• Licensed attorneys
• BIA-accredited representatives
• Law students at accredited schools
and law school graduates (not yet
admitted to the bar) under the
supervision of licensed attorneys or
accredited reps, without remuneration
WHAT’S THE WORST THAT
CAN HAPPEN IF I ENGAGE IN
UPL?
• You can be sued, fined or sent to jail
• The people you are trying to help may get
deported or face other negative
consequences nobody wants
WHAT CAN I DO TO HELP
PEOPLE GET DACA AND
DAPA?
It is your right under the First Amendment to
inform others of their legal rights
• “Know Your Rights” presentations are generally
protected under the First Amendment’s free
speech clause
What are some ways you can help?
• Help someone collect documents
• Host an info session
• Translate & interpret
• Do outreach
• Organize a clinic
• Refer people to legal help
QUICK RECAP
• Applying the law to a set of facts is the practice of law.
• This means telling someone they do or don’t qualify for an
immigration benefit is the practice of law.
• This means telling someone that their application is ready
to be submitted is the practice of law.
• Providing general legal information – not individualized
advice – is okay.
• This means it is okay to say, for example, that the
application period for Expanded DACA is supposed to
begin around February 20th.
• Holding yourself out as a lawyer when you are not one
violates laws against the unauthorized practice of law
• Representing someone in court is the practice of law.
HYPOS
A community organizer speaks to a group of 30 people
about President Obama’s Immigration Action. No lawyer or
BIA rep is present. The presentation includes a discussion
of
• The DAPA and DACA eligibility criteria;
• Evidentiary requirements;
• The benefits and limits of deferred action; and
• Other general information.
• Question: Is this UPL? Why or why not?
• Answer: No, this is not UPL. Non-lawyers may conduct
community information sessions like the one above.
HYPOS (CONT.)
Now suppose that someone at the presentation says: “I got a
DUI. You said people who have DUIs are generally not eligible
for DAPA. Can I apply?”
UPL
UPL
“No, you
can’t apply.”
“Well, it
depends.
Were you
under 18
when it
happened?
Did it happen
a long time
ago and did
you get it
erased
(expunged)?
If yes, then
you might be
eligible.”
OK
Best
“I can’t
answer that
question
because I’m
not a
lawyer.”
“I can’t tell someone whether
they qualify because I’m not a
lawyer, but I want you to get
good legal help and an answer to
your question. Talk to me after
the presentation and I will help
you find a lawyer or non-profit
near you where you can get legal
advice. Also, I am organizing a
clinic in X weeks at Y location
where a lawyer or BIA rep will be
able to help you.”
HYPOS (CONT.)
At a clinic you are hosting, someone hands you their
application and asks you: “Is this enough evidence to get
DACA?”
UPL
“Yes. You
have
enough. You
have at least
50 pages in
there.”
UPL
You look
through the
applicant’s
documents
and say, “It
looks like you
have one
document for
every three
months of
your
residence.
That should
be enough.”
OK
“I can’t
answer that
question
because I’m
not a
lawyer.”
Best
“I can’t tell you whether your
application is ready to be sent.
But I can help organize your
application and get it ready for
legal review. The lawyer or BIA
rep will help you decide what
evidence to include with your
application.
HYPOS (CONT.)
At a clinic you are hosting, someone hands you 8
years of phone records and says, “Can I use this to
prove I’ve been living here?”
• What’s the best way to handle this situation? Split
up into teams and try to answer.
• “I can’t tell someone whether they may use certain
documents to prove the requirements for DACA or
DAPA. What I can do is organize your materials
and help prepare your application for legal review.
The lawyer or BIA rep will help you decide what
evidence to include.” You then flag the lawyer or
BIA rep and explain the issue and ask them to
advise.
DOS AND DON’TS
• Do refer people to legal
clinics and screening tools
• Don’t tell someone they
qualify for DACA or DAPA
• Do encourage everyone to
seek legal help
• Don’t tell someone
whether their application is
complete
• Do provide general legal
information from
adminrelief.org or other
trusted websites
• Do help people collect
evidence to prepare for
legal review and flag
questions
• Don’t say you are a legal
expert or attorney
www.adminrelief.org