Florida Signs Law Against Notario Fraud Targeting Immigrants

Florida enacted state legislation in June 2025 reinforcing protections for immigrants against what is known as notario fraud — a scheme that exploits the confusion between the American notary public and the notary figure common in Latin American legal traditions, where the role typically belongs to a licensed attorney. That distinction, often unfamiliar to newly arrived immigrants, opens the door to schemes that charge attorney-level fees for unauthorized legal advice, with consequences ranging from paperwork errors to deportation.

The bill signed by Governor Ron DeSantis passed the state Senate unanimously and cleared the Florida House with just one dissenting vote. The law imposes specific obligations on professionals who operate irregularly within immigrant communities and creates a civil cause of action for damages.

What the New Law Changes

The enacted legislation establishes three main obligations for notaries public who offer immigration-related services:

• Display, in a visible location at their physical premises and on their website, the following notice: I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. I AM NOT ACCREDITED TO REPRESENT YOU IN IMMIGRATION MATTERS.
• Refrain from using terms such as immigration assistant or immigration specialist in advertising, as those terms imply legal qualifications these professionals do not hold.
• Be subject to civil liability in actions brought by harmed immigrants, including potential damages and attorney’s fees.

Why the Confusion Happens

In countries such as Brazil, Mexico, Argentina, and most of Latin America, a notario is a legal professional with specific powers — typically a credentialed attorney authorized to draft and authenticate complex legal instruments. The American notary public, by contrast, is a public official with a strictly formal and ministerial role, generally authorized only to verify the identity of a document signer, apply a seal, and administer oaths. There is no required legal training, no authority to give legal advice, and no standing to represent anyone before USCIS, the Department of State, or immigration courts.

When a notary public presents themselves as a notario to a Spanish- or Portuguese-speaking immigrant, the deliberate confusion that underlies the problem takes hold. The immigrant believes they are hiring a qualified professional, pays fees comparable to what an attorney would charge, and receives services that may include preparation of complex forms such as the I-130, I-485, I-589, and I-765 — all without any legal oversight.

Consequences for Immigrants

Typical harm includes significant financial loss, missed or expired legal deadlines, denied applications due to incorrect documentation, fraud flags raised by USCIS, scheduling of immigration court hearings, and, in the most severe scenarios, removal orders. Errors in forms such as the I-485 (adjustment of status) or I-589 (asylum application) can permanently compromise a case, as prior responses are recorded in the applicant’s history and may be scrutinized in future interviews and hearings.

The Political Context

The new law was framed as an anti-fraud and consumer protection measure. It was sponsored in the state House by Democratic Representatives Johanna Lopez and Marie Paul Woodson, and in the Senate by Senator Tina Polsky. The Senate passed it unanimously; the House approved it with a single no vote, cast by Republican Representative Kiyan Michael, known for her firm stance against illegal immigration.

The timing is notable. Florida ranks among the most active states in supporting the federal mass deportation agenda, with tens of thousands of state agents announced for joint operations with federal agencies. The contrast is stark: the same state apparatus preparing to accelerate removals also passed protections for immigrants against a scheme that, historically, has sent many of them into the very deportation pipeline — through improperly prepared documentation.

The Role of Civil Organizations

The Florida Immigrant Coalition led advocacy efforts with legislators in Tallahassee. For Thomas Kennedy, the organization’s policy consultant, the passage represents a step in the right direction, even if it does not address the broader landscape of immigrant vulnerability in the state. Another influential group was the Florida Conference of Catholic Bishops, whose executive director, Michael Sheedy, described the outcome as a real gain for those trying to navigate the system lawfully.

Kennedy highlighted important context: demand for immigration regularization has grown as people lose Temporary Protected Status (TPS), humanitarian parole, or see asylum claims denied. That surge in demand also increases vulnerability to fraudulent schemes, particularly in communities with limited access to legal counsel in their native language.

How to Verify Credentials

Only two categories of professionals may provide legal advice on immigration matters in the United States: attorneys licensed in any U.S. state, and accredited representatives authorized by the Department of Justice (DOJ accredited representatives), affiliated with organizations recognized by the Executive Office for Immigration Review (EOIR). To verify:

• Attorney: check the Bar Association website for the state where the professional claims to practice. For Florida, the official portal is floridabar.org. The search confirms registration number, active status, and any disciplinary actions.
• Accredited representative: the official list is available on the EOIR website (Department of Justice), showing the professional’s name, affiliated organization, and accreditation validity.
• Notary public: may authenticate signatures and administer oaths, but cannot fill out forms, recommend immigration strategy, represent clients at interviews or hearings, or charge for legal advice.

Guidance for Victims

The new law creates a specific civil instrument for harmed immigrants to seek relief. Additional steps include filing a complaint with the Florida Attorney General’s Office (myfloridalegal.com), reporting to the Federal Trade Commission (reportfraud.ftc.gov), and, depending on the circumstances, notifying state prosecutors. Preserving contracts, receipts, advertisements, WhatsApp messages, and any materials provided by the notary is essential to support a legal claim.

At the same time, the underlying immigration case should be reviewed by a licensed attorney or accredited representative to assess the damage, identify missed deadlines, and explore corrective options. When an application is still pending, it may sometimes be possible to withdraw forms or file amendments before a final decision, but success depends heavily on the stage of the proceeding and the nature of the error.

Regulatory Trends Across the U.S.

Florida’s legislation is part of a broader movement. California, New York, Illinois, Texas, and Massachusetts already had specific rules against notario fraud, with varying degrees of enforcement rigor. Florida — home to large Latino and Haitian communities — was a conspicuous gap in that regulatory map. This law partially fills that void and sets a useful precedent for similar initiatives in other states with significant immigrant populations.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.