New York City's Department of Consumer Affairs charged the Bronx charity A New Beginning for Immigrants Rights, and its president, Carlos Davila, on Friday with engaging in deceptive and illegal practices to profit from immigrant consumers. The agency is seeking $1.3 million in fines, which it said is an unusually high amount for an immigrant services provider.
The action was taken after an investigation by WNYC and Telemundo 47, and came two days after the U.S. Department of Justice took away Davila's ability to represent immigrants in court through its accredited representative program. Davila had been selling "ID4ICE" identification cards for between $50 and $200. The consumer affairs department said the cards were falsely advertised as "national identification" that could protect immigrants without legal status from being deported.
"These deceptive tactics not only place immigrant New Yorkers at extraordinary risk, but also violate the city's Consumer Protection Law," department Commissioner Lorelei Salas said.
She said the steep fine was based on the fact that Davila and his charity had advertised the cards on social media for more than a year, and that he neglected to state that he was not a lawyer — as required under city law.
"We want to send a message," Salas explained. "We are going to make sure that you're doing your business in a way that is legal and not targeting communities that are at risk."
The agency said it conducted a total of 55 inspections of immigrant service providers last year, resulting in 13 violations. Those entities were charged hundreds of dollars each.
Nisha Agarwal, the commissioner of the Mayor's Office of Immigrant Affairs, added, "It is unconscionable to sell a false bill of goods to immigrant communities during a time of immense uncertainty and fear."
When WNYC and Telemundo first reported on Davila's ID cards, he claimed they were no "guarantee" against deportation but that they offered important know-your-rights information for immigrants about what to do in case they encounter federal agents. However, non-profit groups and advocates offer the same information for free.
Davila did not respond to a request for comment on Friday.
The consumer affairs agency said inspectors had served notice of the charges at Davila's office on Wednesday.The department said he also falsely advertised that he was authorized to provide assistance to immigrants. The state's attorney general had revoked the charity's non-profit status June 1, making Davila ineligible to continue working as a federally accredited representative. This accreditation, which he received in 2011, allowed him to represent immigrants in court even though he's not an attorney.
The Department of Consumer Affairs charges are civil, not criminal. Davila will have an opportunity to engage in settlement discussions. The case could also go to trial in a city administrative court, where an administrative judge would hear from both sides.