NY Attorney General Closes Bronx Businessman's Charity

Carlos Davila in his office, being interviewed by WNYC and Telemundo 47 about allegations that he defrauded immigrants

Carlos Davila can no longer sell his "National Identification" cards to immigrants. State Attorney General Eric Schneiderman's office sent a letter to the Bronx businessman on Thursday telling him his charity's registration had been cancelled "effective immediately."

Last month, the attorney general's charities bureau asked Davila to temporarily stop all fundraising — including the sale of the $200 ID cards with the label "ID4ICE" that suggested immigrants who bought them could avoid deportation. The bureau responded after a joint investigation by WNYC and Telemundo 47, which included allegations from immigrants that Davila defrauded them. The investigation was also broadcast on NBC4 New York on Thursday.

Schneiderman's office noted that Davila's charity, A New Beginning for Immigrants Rights, had not filed all of its tax forms correctly. It gave him until this week to get his affairs in order. After he failed to respond, the office took permanent action and said he must "cease soliciting contributions" or "engaging in any other fundraising activities in New York."

Without a charity, Davila is technically not allowed to participate in a U.S. Justice Department program that allows him and other nonlawyers to represent immigrants in court. Accreditation by the agency's Bureau of Immigration Appeals requires working at a nonprofit that helps low-income immigrants.

The Justice Department'Executive Office for Immigration Review was already reviewing Davila at the time of WNYC and Telemundo 47's investigation but said his accreditation was still active. Davila also had a criminal record, including a conviction for manslaughter, that could have disqualified him from participation in the federal program. But the program doesn't conduct criminal background checks.

Since WNYC and Telemundo 47's reports aired in May, members of New York's congressional delegation have called on the Justice Department to cancel Davila's accreditation and to more closely monitor the program for nonlawyers. The investigation found only two accredited representatives had been disciplined by the Department, according to a list it supplied dating back to the 1990s. There are currently about 1800 accredited representatives nationally.

New regulations went into effect in January that give the Department more oversight of accredited representatives and their charities.

Senator Charles Schumer gave the following statement to Telemundo 47:

"The bottom line is that the Trump administration’s Justice Department must now follow through and throw the book at the violators, and also implement effective background checks in future cases to make sure the new regulation has real teeth and protects the community as intended."

John Martin, a spokesman for the Department of Justice's Executive Office for Immigration Review, said:

"Mr. Carlos Davila's accreditation remains under EOIR review, which will continue to account for all relevant factors related to his accreditation and the recognized organization with which he is affiliated."

WNYC reached out to Carlos Davila about the decision to revoke his charity. He has not responded.