A Bronx nonprofit leader who advertised ID cards he said could protect undocumented immigrants from being detained by federal authorities has been fined $38,950, after a New York City administrative law judge found he and his agency "engaged in deceptive trade practice" and violated immigration assistance service laws.
The ruling was released more than a year after an investigation by WNYC and Telemundo 47 found Carlos Davila and A New Beginning for Immigrants Rights advertised the cards they called ID4ICE for $50 and $200. The Department of Consumer Affairs accused Davila and his agency of violating protections for consumers and immigrants, and sought up to $1.3 million in fines.
“A New Beginning for Immigrants Rights and their owner Carlos Davila preyed on the vulnerability of immigrant New Yorkers - exploiting their fear and uncertainty for profit,” said DCA Commissioner Lorelei Salas. “We will continue to pursue all legal options to ensure that immigration service providers do not use predatory tactics that target our immigrant communities.”
After a three-day trial by the Office of Administrative Trials and Hearings last year, a decision by administrative law judge Noel Garcia was released on Monday. The administrative law court is independent of the agencies that files cases with it.
Garcia ruled that by allowing two ads with "false and misleading statements" to run on YouTube for several months, and another for more than a year, Davila had committed 647 violations of the city's consumer protection laws. He also found Davila committed similar violations with one Twitter post but not with two others.
The ads were deceptive because they said the ID cards were "registered with the federal government." The judge wrote that the ads implied "that the card enjoys a certain level of recognition and influence with federal immigration agents." In truth, the cards were merely trademarked with the federal government. In another YouTube ad, Davila stated that "if you don't talk and let the ID do its work, you will not be deported." There is no card that can protect an individual from Immigration and Customs Enforcement (ICE).
In addition, the judge found Davila failed to provide five clients with written contracts for helping them with their immigration cases, and retaining fees for services he didn't perform. But he said Consumer Affairs couldn't prove that he did the same in other cases. Nor was he persuaded that Davila threatened to report a client's son to ICE.
Davila also was found to have engaged in another deceptive trade practice by falsely representing or implying to one client that he was an attorney.
Davila is not a lawyer but he was a fully-accredited representative through a federal Department of Justice program, which allows people at nonprofits that help immigrants to assist with citizenship applications and even represent them in immigration court. The state's attorney general had revoked the charity's nonprofit status last year, making Davila ineligible to continue working as an accredited representative.
Davila eventually lost his accreditation. But WNYC and Telemundo 47's investigation found he should have lost it a long time ago because his criminal record, including a conviction for manslaughter, disqualified him. But the program didn't conduct criminal background checks.
The Department of Consumer Affairs wanted Davila to pay $10,025 in restitution to five consumers based on alleged violations of rules governing immigration services providers. However, Garcia ruled that the department doesn't have that authority; he said the individuals could pursue civil cases to collect the money.
During the trial, Davila, who represented himself, argued that he should not be held liable for any penalties because he was shielded by New York State's nonprofit laws. But the judge dismissed those arguments.
Davila is entitled to appeal to a state court. He did not reply to WNYC's request for comment.