Attachment_B_(Manual).pdf

Legal Orientation Program

Training Manual

Center on Immigration and Justice

Table of Contents

Preface

The Vera Institute of Justice

The Center on Immigration and Justice

The Legal Orientation Program (LOP)

I. History and Management of the LOP

History of the Legal Orientation Program

LOP Organizational Structure

Vera Institute of Justice

Executive Office for Immigration Review (EOIR):

II. LOP Services

How the Legal Orientation Program Works

Group Orientations (GOs)

Group Orientation Resources

Individual Orientations (IOs)

Individual Orientation Resources

Pro Se Workshops (PSWs)

Pro Se Workshop Resources

Pro Bono (PB) Outreach

Pro Bono Resources

III. Communication with Vera

Management and Oversight of LOP

Standardized Reporting of Program Information

Communicating Regularly with Vera

Site Visits

Monthly Conference Calls

On-Site Training Program (OSTP)

One-on-One Conference Calls

Staff Changes

Listserv

LinkedIn

Procedures for Reporting and Responding to Problems

IV. Technical Assistance

Topical Webinars

Huddle

How to Access LOPweb

How Materials are Organized

Process for Submitting Resources for Review

Creating Effective Pro Se Assistance Material

Working with Participants with Mental Health Needs

Working with Stakeholders

Working with Interpreters

Working with Volunteers and Interns

Self-Care

V. Contracts and Protocols

Statement of Work

Security Protocols

Hard Copies

Electronic Copies, Firewalls, and Password Protection

Destruction of Program Information When No Longer Needed

Process for Submitting Invoices

VI. Conclusion

Preface The Vera Institute of Justice

The Vera Institute of Justice’s mission is to drive change, and to urgently build and improve justice systems that ensure fairness, promote safety, and strengthen communities. For more information, visit www.vera.org.

The Center on Immigration and Justice

Vera’s Center on Immigration and Justice collaborates with government, nonprofits, and communities to develop evidence-based solutions for systems affecting immigrants and their families and to address the challenges presented by the increasing convergence of the criminal justice and immigration systems.

The Legal Orientation Program (LOP)

Vera works with the Office of Legal Access Programs (OLAP) at the Executive Office for Immigration

Review (EOIR) and nonprofit legal service providers to carry out the LOP—a comprehensive effort to inform immigrant detainees about their rights, immigration court, and the detention process. Vera created this LOP Training Manual with the following goals:

To supplement on-the-job training LOP providers receive from their organizations

To help new sites with planning and implementing their LOPs locally

To serve as a resource for ongoing development and implementation of LOP nationally

I. History and Management of the LOP

History of the Legal Orientation Program

EOIR modeled LOP on a project started by the Florence Immigrant and Refugee Rights Project

(FIRRP). Throughout the early 1990s, FIRRP pioneered a service model that provided detained individuals with legal information and encouraged them to play an active role in their own cases.

In 2002, Congress appropriated $1 million to the Department of Justice to carry out LOP.

In 2005, EOIR contracted with Vera to administer, monitor, provide technical assistance for, and measure and report on the performance of LOP.

Over the years, LOP has increasingly expanded its reach to new cities, new detention facilities, and new provider organizations. LOP services continue to adapt to changing detention populations and policies.

The table below lists the sites at which LOPs currently operate.

http://www.vera.org/

LOP Organizational Structure

Vera Institute of Justice

Marina Caeiro, Program Director

Works with LOP staff to make sure the program is running effectively; oversees technical assistance; assists with issues related to stakeholder relations.

o Email: mcaeiro@vera.org o Office Phone: (212) 376-3103

Stacey Strongarone, Deputy Director of the Center on Immigration and Justice

Assists in the overall direction of LOP.

o Email: sstrongarone@vera.org o Office/Cell Phone: (347) 351-4683

Bettina Schlegel, Senior Program Associate

Coordinates technical assistance; supports LOP sites through communication and site visits;

reviews and disseminates pro se materials.

o Email: bschlegel@vera.org o Office Phone: (212) 376-3044

Jessica Stadmeyer, Program Associate

Coordinates technical assistance; supports LOP sites through communication and site visits;

reviews and disseminates pro se materials.

o Email: jstadmeyer@vera.org o Office Phone: 212-376-3048

Noelle Smart, Research Associate

Oversees research related to LOP, including program information collection, reporting, and program evaluation.

o Email: nsmart@vera.org o Office Phone: (212) 376-3099

Gladys Rivera-Martinez, Program Analyst

Focuses on LOP program administration; assists with communications across the network.

o Email: grivera@vera.org o Office Phone: (212) 376-3169

Center Coordinator

Oversees administrative aspects of the program, such as tracking invoices and processing reimbursements.

o Email: cijcoordinator@vera.org o Office Phone: (212) 376-3070 mailto:mcaeiro@vera.org mailto:sstrongarone@vera.org mailto:bschlegel@vera.org mailto:jstadmeyer@vera.org mailto:nsmart@vera.org mailto:grivera@vera.org mailto:cijcoordinator@vera.org

Executive Office for Immigration Review (EOIR):

Vera works in partnership with the Executive Office for Immigration Review, Office of Legal Access

Programs (OLAP). Note: LOP providers should contact Vera staff first, and Vera staff will involve OLAP staff as necessary. For your reference, the following OLAP staff oversee LOP:

Steven Lang, Program Director

Sergio Ramirez, Associate Program Director

Bernardo Rodriguez, Assistant Program Director

Robert Dooley, Program Analyst

Karen Powell, on detail from BIA

II. LOP Services

How the Legal Orientation Program Works

The Legal Orientation Program is a court-based legal education program for detained noncitizens in immigration court proceedings. The goal of LOP is to provide participants with information about detention, available legal relief options, court practices and procedures, and other relevant topics. The program provides a range of services, including group orientations, individual orientations, pro se workshops, dissemination of written legal educational materials, and, for a limited number of cases, pro bono placement.

A significant feature of LOP is that services are limited to legal orientation (as opposed to legal representation). Program providers are not permitted to use LOP funds to engage in legal representation, although they may do so with funds from other sources. Before providing any services, LOP presenters emphasize that their role is to provide participants with information on immigration law and procedure— not to represent them. In addition, LOP providers ask participants who take part in individual orientations and pro se workshops to sign a statement indicating that they understand that LOP providers are not serving as legal counsel.

LOP offers the same basic services at each site where it operates, but there is some variation in the methods used for delivering these services. As an immigration court-based program, the LOP’s primary goal is to provide legal orientations to detained persons in removal proceedings. However, detained persons who do not have active immigration court cases are not prohibited from attending presentations, provided that their attendance is logistically feasible and does not prevent detainees in removal proceedings from receiving LOP services.

LOP helps engage participants in active problem-solving so those who cannot find an attorney are better equipped to represent themselves in court. The core requirements for LOP can be found in the

Orientation vs. Representation memo, incorporated into each site’s LOP subcontract and sent to each new LOP hire.

Group Orientations (GOs)

The group orientation is an essential component of the LOP because it is generally the first exposure participants have to LOP. Group orientations are designed to give detained persons—regardless of whether they have access to legal representation—a general overview of immigration law, their legal rights, and the immigration removal process. These orientations explain the removal hearing process and provide general information about the statutory requirements for various defenses and forms of legal relief.

A comprehensive curriculum can be found on Huddle, but topics generally covered in group orientations are:

The removal process

Statutory requirements for various forms of relief

Notice to Appear (NTA)

Voluntary Departure

Release under bond

Consequences of re-entering the U.S. after a removal order has been issued

Court room procedure

Besides providing critical information that will allow participants the ability to make their own decisions about their immigration cases, group orientations can help ease anxieties and dispel rumors about the immigration court process. Group orientations also engage people in active problem-solving so they feel empowered to take on their own cases.

Group orientations are led by immigration attorneys, BIA accredited representatives, or paralegals/legal assistants under direct supervision of attorneys or BIA accredited representatives. Orientations generally last from 30 minutes to an hour. The length of a presentation depends on the size and needs of the group, as well as the facility’s scheduling.

Before beginning a presentation, LOP providers introduce themselves and their role. LOP providers emphasize that they work for a non-profit organization and that they are not affiliated with the government or the facility. LOP providers also state upfront that while they can meet with unrepresented individuals following the group orientation, they are not there to take on cases.

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Information is presented in a manner consistent with good practices for adult education, taking into consideration differences in language, culture, and levels of formal education. Providers use visual aids such as flip charts or PowerPoint presentations to make the material more accessible. Examples of common visual materials include enlarged notice to appear forms, presentation outlines, and pictorial representations of procedural concepts – these can be found on Huddle. It is also important to make the presentation interactive by asking questions and encouraging peer teaching. Additionally, providers use simple language and avoid legalese when presenting information.

Group orientations are conducted in the language or languages most suitable to a majority of those attending, typically Spanish or English. However, LOP providers are required to provide taped or written orientation materials to detainees who speak other common languages, and to work through a telephonic interpreter.

While the material covered in the group orientation is similar from one site to another, LOP providers customize the orientation to meet the needs of the detention center population and the session participants. For example, sites that see large numbers of individuals facing charges based upon their criminal convictions may cover certain forms of relief more in depth, while sites serving large numbers of individuals who recently arrived in the country and have not been charged with a crime may skip those topics. Similarly, the presentation style used for a small group might vary considerably from that used for a larger group. It is useful to know who might be eligible for particular forms of relief by asking questions up front and throughout, and tailoring the presentation accordingly.

Different sites also see detainees at different stages of the immigration court process, depending on what has been negotiated with local ICE or detention center personnel. At some sites, providers receive copies of the immigration court hearing calendar, or docket, and LOP presenters typically meet with group orientation participants a day or two before their initial Master Calendar Hearings.

At other sites, providers use a “new arrivals” list, generated by ICE or the facility, allowing them to provide

LOP to all detainees soon after they are admitted into the detention facility. In this case, providers may see detained persons who are subject to expedited removal, reinstatement of removal, or administrative removal proceedings. They may also see detained persons who will request (or who have already signed) stipulated orders of removal and, thus, may choose to cover these processes in their presentations.

While LOP has by and large operated smoothly, running a program that involves two government agencies and numerous contract facilities—and that works inside a detention environment—can be logistically complicated and inevitably leads to challenges. At various times over the course of the https://my.huddle.net/workspace/21172079/files/#/folder/21318887/list program, LOP providers have encountered difficulties obtaining immigration court dockets or new arrival lists. Common challenges include:

Detention staff failing to bring participants to the orientation in a timely manner (or at all).

Difficulty finding a suitable location to hold group orientations.

Noise and background activity interfering with participants’ focus.

While some LOP providers present the group orientation in noisy recreation or multipurpose rooms, others are able to use empty immigration courtrooms or detention center libraries. No matter where your group orientation is held, do your best to rearrange the room to minimize distractions. LOP providers have worked with Vera, detention facility staff, and ICE to address these and other logistical issues in the past.

Group Orientation Resources

A webinar for new LOP providers on Group Orientations can be found on YouTube.

A group orientation script and script addendum on summary removal proceedings and fear interviews can be found on Huddle.

Group orientation visual aids, posters, and handouts can be found on Huddle. Audio recordings and scripts in multiple languages can also be found on Huddle.

Group Orientation materials in various languages are available on Huddle. You can find them by topic in our “Materials by Topic” folder on Huddle or by language in our “Materials by Language” folder or on the Vera website.

Our providers developed best practices for GOs while at the 2016 LOP On-Site Training.

Individual Orientations (IOs)

Individual orientations are also integral to the LOP model and are conducted for detained persons without representation who have already participated in a group orientation. Individual orientations aim to provide detailed and specialized information about particular forms of legal relief or different aspects of the immigration court process. This is necessary because group orientations only provide a broad overview of the law and do not go into detail. In an individual orientation, the presenter may also provide additional information in response to individual questions.

The amount of time that the presenter spends with each detainee varies according to the detained person’s needs, the number and complexity of the questions posed, and the number of participants who want an individual orientation. At some sites, additional staff is available to conduct individual orientations following the group presentation. The amount of time spent on individual orientations also depends on the way sites provide group orientations. For example, some LOP providers give a relatively concise group orientation, and then devote a significant amount of time to repeated in-https://www.youtube.com/watch?v=23ztELZvyZY&feature=youtu.be https://my.huddle.net/workspace/21172079/files/#/21318882 https://my.huddle.net/workspace/21172079/files/#/46254920 https://my.huddle.net/workspace/21172079/files/#/folder/21318887/list https://my.huddle.net/workspace/21172079/files/#/folder/21318861/list https://my.huddle.net/workspace/21172079/files/#/folder/21318800/list https://my.huddle.net/workspace/21172079/files/#/folder/21318786/list https://my.huddle.net/workspace/21172079/files/#/folder/21318870/list https://my.huddle.net/workspace/21172079/files/#/folder/21318435/list https://my.huddle.net/workspace/21172079/files/#/folder/21314616/list https://www.vera.org/projects/legal-orientation-program/related-work https://my.huddle.net/workspace/21172079/files/#/47973427 depth individual orientations with a majority of the participants. Other LOP providers conduct a lengthy and thorough group orientation followed by relatively short individual orientations with a smaller group of individuals.

The interplay between the group and individual orientations also depends on the size of the group in the group orientation. If the group is relatively small, the group LOP presenter might be able to provide information about individuals’ specific cases, meaning fewer individual orientations are needed.

Before beginning an individual orientation, it is important that the LOP provider establishes that the participant is not represented. It is also important to provide the participant with a disclaimer, explaining that the LOP provider is only providing legal information, not advice. LOP providers give an overview about what participants can expect from them and ask for any immigration or criminal conviction documentation before proceeding.

During the individual orientation, the LOP provider may use an intake form as a guide. LOP providers speak in the third person and use general language during the orientation in order to avoid giving legal advice. This helps keep the focus on the information being given, instead of the individual’s personal course of action. LOP providers are careful not to tell participants how to proceed, nor commit to representing a participant during the individual orientation. If LOP providers do go on to represent an individual using non-LOP funding, they return outside of LOP hours to discuss representation.

During individual orientations, LOP providers can provide a neutral list of pro bono lawyers in the area

(for example, a list compiled by EOIR or AILA), but refrain from referring participants to specific lawyers.

LOP providers, aware of the time constraints on individual orientations, provide participants with handouts and explain relevant resources that can be found in the facility’s library.

LOP providers end the individual orientation by asking the participant to recount his or her next steps, such as gathering more documentation, or drafting a personal testimony. Some LOP providers may provide follow-up individual orientations depending on turnover at the facility and the

LOP provider’s capacity. It is also important to remember the other levels of LOP. Providers keep a list of the types of relief participants seem interested in and the types of questions they are asking, and then schedule pro se workshops accordingly. Sometimes, it may be appropriate to refer individuals out pro bono.

Individual Orientation Resources

A webinar for new LOP providers on Individual Orientations can be found on YouTube.

Sample disclaimers can be found on Huddle.

Sample intake forms can be found on Huddle.

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Providers discussed best practices for IOs while at the 2016 LOP On-Site Training.

Pro Se Workshops (PSWs)

Pro se workshops—interactive, classroom-like sessions that provide detainees with the skills they need to represent themselves in immigration court (pro se)—are conducted on a regular basis in response to the needs of the detained population. Pro se workshops usually feature groups of three or more unrepresented detainees and cover particular forms of relief or legal advocacy skills, such as how to collect and present evidence and how to properly fill out applications. LOP providers may also provide workshops on voluntary departure, bond hearings, reasonable and credible fear proceedings, and post-order custody review. Pro se workshops are only available to persons who have not retained counsel, and generally only to those who have already attended a group orientation.

To determine whether LOP participants would benefit from a pro se workshop, LOP providers usually keep track of the relief applications or defenses being pursued by each participant during individual and group orientations, and consider whether there are any special needs related to those applications that might be served by a pro se workshop. For example, if there are five Spanish-speakers who are interested in pursuing cancellation of removal, an LOP provider might coordinate a pro se workshop on that topic in Spanish.

Sometimes it can be difficult to find a group of people pursuing similar forms of relief who are at similar points in the process. These situations may seem like roadblocks to providing worthwhile pro se workshops but, in fact, there are still possibilities for skills-based workshop topics which can be useful to a large number of participants, such as:

Document gathering

Filing evidence

Testimony

Court demeanor

Crimes and immigration

Writing affidavits

Stipulated removal

At sites where turnover is relatively slow, LOP providers are able to call the same participants to a pro se workshop series taking place over multiple sessions. Series are helpful because the LOP provider can prepare participants for the specific stage of the court process they are in, whether they are at the bond hearing, master calendar hearing, or merits hearing stage.

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Pro se workshops not only provide participants with more in-depth knowledge on a certain form of legal relief or skill, but also help instill a sense of urgency and motivate participants to take control of their own case. Pro se workshops also alleviate nervousness about speaking in public and help participants understand what will happen when they are in court. LOP providers also use the pro se workshop to explain useful details about the court process and address practical concerns to the group as a whole, such as what will happen if they lose.

To supplement the assistance offered in group orientations, individual orientations, and pro se workshops, LOP providers distribute OLAP-approved written materials to program participants such as:

Large pro se packets

Sample motions

Sample briefs

Sample letters

Concise fact sheets

Providers make available large pro se packets, as well as standard sample motions, briefs, and letters, and concise fact sheets that describe various forms of relief. Some LOP providers also work with stakeholders to make sure that there are up-to-date resources in a variety of languages in the facility library.

Pro Se Workshop Resources

A webinar for new LOP providers on PSWs can be found on YouTube.

You can find Spanish and English court forms in the “Court Form Translations” folder on Huddle.

LOP providers tend to find them very useful for PSWs.

Pro Bono (PB) Outreach

To increase access to legal representation, LOP providers also coordinate pro bono services. The degree to which providers engage in pro bono outreach varies, but at all sites, the bulk of this work consists of reaching out to local attorneys to cultivate an interest in pro bono work and providing opportunities for training.

LOP providers recruit lawyers from a variety of firms and organizations. At large firms, it is useful to emphasize that summer associates and new lawyers at large firms can get direct client experience. As part of a longer-term strategy, LOP providers can seek to add board members to their organizations who are partners at large law firms that have the capacity to lend pro bono attorneys. When working with mid-size and smaller firms, emphasize that signing up to take on pro bono cases can raise their public profiles and provide training for their staff.

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Additionally, it is useful to reach out to state and local bar associations, as well as law school clinics. LOP provider organizations may be able to refer LOP participants to the clinic, or involve law students in other capacities.

As part of a successful pro bono program, LOP providers should provide ongoing training opportunities for current and prospective pro bono attorneys. Trainings can range from hosting a brown bag lunch to running a session on immigration law for Continuing Legal Education (CLE) credit.

Some sites ask that, in exchange for the CLE credit, each lawyer in attendance take on a pro bono case within the year. Some sites also host model hearing programs. For a successful training, LOP sites should ask experts and strong speakers to present. It is also helpful to send out an agenda in advance, provide materials, and hand out a feedback form at the end of the training session.

LOP providers should do their best to make sure that volunteer attorneys have the legal knowledge necessary to take on a case, and that they are sensitive when working with clients. It is also important to confirm that volunteer attorneys are able to practice law in the relevant jurisdiction and that the attorney is not facing any disciplinary action or disbarment.

After they have been recruited, pro bono attorneys should be provided with mentors who can assist them throughout the duration of the case. Mentors can come from within the LOP provider organization, or mentors can be other experienced immigration lawyers in the area, immigration law professors, and even experienced pro bono attorneys that have already taken on multiple cases.

LOP provider organizations should thoroughly screen clients before referring them to a pro bono attorney. Screening clients will determine whether they will bond out before they are referred. If a client bonds out and then moves away, the immigration judge will not always allow the pro bono attorney to withdraw as counsel.

LOP providers should only refer out cases in which there is a viable claim for relief, though the case does not have to be a “slam dunk” either. LOP providers should provide a referral memorandum to the pro bono attorney and should have policies in place for working with pro bono attorneys. Organizations should also make sure that their professional liability insurance covers pro bono referrals. The pro bono attorney should sign a statement of understanding before beginning representation, and both the client and the pro bono attorney should sign a written retainer outlining the nature of their relationship.

It is important that the LOP provider organization track outstanding pro bono cases and touch base with the pro bono attorney periodically.

LOP providers should refrain from providing direct representation to an LOP participant whenever possible. If LOP providers do decide to take on a participant’s case, the relationship should be brokered by a third party, such as another member of the organization’s staff. LOP providers should refrain from advocacy, impact litigation, and fundraising if these actions are not clearly identifiable as separate from

LOP.

Pro Bono Resources

A webinar for new LOP providers on pro bono referrals is available on YouTube.

There is a folder dedicated to pro bono referral on Huddle.

Huddle also contains training materials from previous CLEs held by sites, as well as sample statements of understanding.

III. Communication with Vera

Management and Oversight of LOP

Vera staff work in close collaboration with OLAP to manage the LOP and to coordinate the nationwide implementation of the program. Vera’s management strategy is multi-pronged, drawing on the skills of program management, technical assistance, research, fiscal, and legal staff to ensure that the project meets its objectives in a timely manner; to respond quickly and effectively to unanticipated changes and problems; to disburse funds to subcontractors; and to conduct performance measurement and evaluation.

To monitor the activities of subcontractors, Vera staff use a comprehensive approach that combines quantitative program information with feedback from and communication with LOP sites.

Finally, Vera staff and LOP providers work together to document promising practices, improve program performance, and ensure contract compliance. In what follows, we describe the key management activities performed by Vera staff on an ongoing basis. These include the following:

Standardized reporting of program information, and

Communicating regularly with LOP sites through site visits, calls, conferences, trainings, and materials development.

Standardized Reporting of Program Information

Program Information is important to the continued success of the program. With information, we have been able to show that LOP is a “win-win” program that creates efficiencies in government systems and benefits individual people’s lives. And program information can help us see trends in our own provision of services, helping us continually improve what we are able to do. While we realize that https://www.youtube.com/watch?v=7O7Yz9uUuEw&feature=youtu.be https://my.huddle.net/workspace/21172079/files/#/folder/21320348/list http://my.hdle.it/21316470 https://my.huddle.net/workspace/21172079/files/#/21320396 collecting and entering program information can seem like a tedious task, the work you do in capturing accurate information about LOP services is crucial to our efforts.

For more information about LOP reporting, please consult the business rules. You can contact

LOPdatahelp@vera.org if you have any questions about reporting.

Communicating Regularly with Vera

Regular communication with LOP sites is integral to carrying out a successful program. Vera staffers regularly communicate with LOP sites through the following:

Site Visits

Vera program staff and OLAP staff make regular visits to each LOP site to meet with LOP providers, observe presentations, individual orientations and workshops, and discuss program performance. During these site visits, Vera and OLAP staff also meet with stakeholders (such as local immigration court and ICE personnel) to obtain their input, and record detailed comments and observations about program performance and challenges to implementation.

After the visit, Vera and OLAP staff discuss their observations and subsequently provide feedback to LOP providers. You can find a copy of the blank evaluation form under the “Site Visits” subfolder in the “LOP

Management” folder on Huddle’s main page.

Monthly Conference Calls

Vera conducts monthly check-in calls, which are mandatory for each LOP site and are a part of Vera’s contract. Personnel from both Vera and OLAP are present, and each site is required to have at least one

LOP staff person present on this call. LOP providers are divided into two groups:

Group 1, second Thursday of each month, 4-5 pm Eastern Time: American Gateways, CAIR Coalition, CC Atlanta, CCDBR, CC Miami, LSNJ, NIJC, and PIRC

Group 2, third Thursday of each month, 4-5 pm Eastern Time: CC Dallas, DMRS, Esperanza, FIRRP, IJP, NWIRP, ProBAR, RMIAN, and YMCA

Check in calls are an opportunity for providers to update the entire group on any new developments, problem solve about site-specific challenges, and share strategies for implementing LOP and collaborating with the local detention facility, ICE, or EOIR staff. Monthly conference calls also give Vera and OLAP a chance to update site staff on changes that affect the program as a whole.

Notes from LOP Conference calls are posted on Huddle. If there is anything you would like to add or correct in the notes, please email Gladys Rivera-Martinez at grivera@vera.org.

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Since check-in calls typically last an hour, Vera and OLAP work to ensure that all LOP sites have the opportunity to communicate any major developments on these calls. In particular, Vera and OLAP have developed guidelines for monthly conference calls. We advise you to review the following ground rules and to keep them in mind during our calls:

Try to keep your update no longer than five minutes. We want to make sure that all sites have equal time to share important information about their site and anything relevant to LOP services.

Do not discuss non-LOP advocacy efforts (i.e. letter writing campaigns, lawsuits, etc.). These conference calls are not guaranteed to be confidential, and OLAP has a duty to report on potential litigation.

Try not to talk too much about individual cases (with LOP not being a direct representation program), unless they have a strong relation to LOP services.

If you want to use the speaker phone feature, please press star six (*6) to mute yourself. Often background noises are not only audible, but also distracting to the call.

If you need to put the conference call on hold, please remember to press star six (*6) before doing

so. Some hold buttons play music and by pressing star six (*6) to mute yourself, you will avoid broadcasting your hold music to the call.

If there is a phone ringing in the background, please either mute the phone or turn off the ringer’s volume.

If for some unforeseen circumstance, no one from your site can make the call, please inform Gladys

Rivera-Martinez (grivera@vera.org) at least 24 hours beforehand and submit your updates over email. We will schedule your organization to be part of the following call.

On-Site Training Program (OSTP)

Each year, Vera hosts a LOP on-site training program, in which representatives from LOP provider organizations around the country gather in one location. On-site training programs cover a variety of material, from best practices for the provision of group orientations, individual orientations, pro se workshops, and pro bono referral to legal updates pertaining to specific detained populations, such as women, families, and more. On-site training programs allow LOP providers to network and problem solve collectively.

One-on-One Conference Calls

Another way that the Vera monitors LOP is through one-on-one conference calls, which occur on a case-by-case basis. These calls provide an opportunity to discuss contract compliance, program performance, new developments, and site-specific concerns. They also give Vera a chance to help troubleshoot any challenges that may arise at different sites. When problems or challenges come up, Vera staff may communicate with site managers on a daily or weekly basis, as needed. On occasion, OLAP staff is brought into these conversations as well.

Staff Changes

With 18 organizations working in 38 different facilities, LOP has a vibrant network of committed immigration legal service providers across the country. Vera has established protocols to facilitate the process of on-boarding new team members. Receiving information about staff changes promptly allows us to initiate the on-boarding process for new staff, and update our records so that new members of our community can fully participate in Vera activities. LOP providers must inform Vera of any staffing changes within five business days of the change.

Once informed, Vera will send a welcome email to new hires containing on-boarding information. Vera will send new staff an email with essential LOP materials to review; the LOP listserv, and Huddle; and a list of contact information to fill out and send back (including LOP staff members’ full names, position titles, phone numbers, fax numbers, email addresses, and resumes). New staff members must submit the required information to Vera within five days of the hire. New hires should read the materials in this email and send their contact information to Gladys Rivera-Martinez (grivera@vera.org) within their first week of employment.

As of August 1, 2017, LOP providers do not need e-QIP security clearance. New staff does not need to start the e-QIP clearance process. If you have any questions about on-boarding new staff, please contact Gladys

Rivera-Martinez (grivera@vera.org).

Listserv

Vera created a listserv for LOP providers in order to share information with the entire network, discuss population and court trends, and troubleshoot LOP issues as a group. Vera uses the listserv to send periodic updates emails, which include information about upcoming trainings and webinars; updates about changes in the law and precedential case decisions; and LOP program management resources.

The LOP listserv is run through Yahoo Groups, but you will not need a Yahoo email address to access the listserv. LOP providers should join the listserv using their work email addresses. New staff will be invited to the listserv as part of the on-boarding process. Providers will receive an invitation to the listserv directly via Yahoo Groups, and can click the “Join Mailing List!” button in the bottom right-hand corner of the email. Clicking this button will bring you to another window with the Yahoo Groups page open. At that point you should be subscribed to the listserv and you can close the Yahoo window.

To email the entire group, email LOPnetwork@yahoogroups.com. Note that you must already be a member of the listserv to email the group. To reply to the whole group, click “Reply” as you normally would. If you wish to reply only to the person who sent the email, scroll down to the bottom of the email and click on the “Reply to sender” link. Email Gladys Rivera-Martinez (grivera@vera.org) to sign up for the listserv.

LinkedIn

Vera organized a private LinkedIn group for LOP providers. Vera posts professional development resources, immigration updates, and LOP job openings there. New staff will be invited to LinkedIn as part of the on-boarding process. Participation is optional. Anyone within the LOP network who would like to join the LinkedIn group should contact Gladys Rivera-Martinez, grivera@vera.org.

Procedures for Reporting and Responding to Problems

Finally, if a problem comes up that cannot be addressed during one of these regular interactions, Vera has policies and procedures in place for reporting and responding to problems quickly before they become crises, and to resolve them in such a way that they don’t reoccur. Depending on the nature of a particular problem, we expect that sites will report problems to us in a timely fashion; however, how and when they report problems depends on the risk posed to the program. We have developed the following guidelines to provide a framework for reporting and responding to problems as they arise:

1. Problems that pose a long-term threat to the success of the project

We expect sites to report problems that could jeopardize the site’s ability to meet long-term project goals at the first scheduled communication with the project manager (e.g. the next call, quarterly progress report, or site visit). The Director of LOP and the Vera team will work with the site director to develop a plan to address the problems. When appropriate, we will seek OLAP’s approval for any plan developed.

2. Problems that pose an immediate risk to the project

We expect sites to report problems that immediately jeopardize the site’s ability to meet major project tasks to the Director of LOP within 72 hours. The Director of LOP will consult with Vera’s legal department if necessary and work with project management staff and the site to address the issue immediately. We will report significant problems to OLAP, via email or telephone, within two business days. And we will work with the site to submit written documentation of the problem within five business days. Vera may seek OLAP’s input in solving the problem.

IV. Technical Assistance

Topical Webinars mailto:LOPnetwork@yahoogroups.com

Vera facilitates a number of optional webinars throughout the year. During webinars, a member of the

LOP network or other expert will present on legal topics or best practices. Sample webinar topics include:

crim-imm updates, working with interpreters, and working with special populations. Vera will post a recording of the webinar, and any handouts, PowerPoints, notes, and hypos to Huddle.

Huddle

Vera uses Huddle as its online database service. LOPweb is the name of the workspace for LOP, and contains all OLAP-approved materials for group orientations, individual orientations, pro se assistance, and pro bono assistance. There are also a number of other features on LOPweb, which we outline below.

How to Access LOPweb

To sign up, ask your manager for your organization’s shared Huddle username and password. To log on, go to my.huddle.net and enter your username and password. To access LOPweb, click on the drop-down menu on the upper left side of the screen, and select “LOPweb”.

How Materials are Organized

To access documents approved by OLAP for LOP use, click on the “Files” tab. Documents on LOPweb are organized in folders. Folders Include:

Materials by Topic: Includes all materials organized by topic. We currently have materials on the following topics: Adjustment; Appeals; Assault in Detention; Asylum; Withholding, Torture

Convention; Bond and Parole; Citizenship; Creating Clear Documents; Crimes; Deferred Action;

DOMA; General Info and Guides; Group Orientation Materials; Hotlines; Individual Orientation

Material; LPR Cancellation; Non-LPR Cancellation; Notario and Attorney Fraud; Other Useful

Resources (e.g. how to get married in detention, how to request tax returns, etc.); Parental Rights;

Pro Se Assistance; Post-18 Resources; Pro Se Assistance; Prosecutorial Discretion; Removal (All types); T Visa; TPS; U Visa; VAWA; , and Voluntary Departure.

Material by Language: Includes all materials organized by language (other than Spanish and

English). We have subfolders containing materials in the following languages: Amharic, Arabic, Bengali, Farsi, French, German, Gujarati, Haitian Creole, Hausa, Hebrew, Hindi, Central

American indigenous languages, Italian, Korean, Mandarin, Nepali, Pashto, Portuguese, Punjabi, Romanian, Russian, Simplified Chinese, Somali, Tigrinya, Urdu, and Vietnamese. There is a subfolder called Indigenous Language Audio Materials, which includes recordings and transcripts of the GO addendum script in Central American indigenous languages.

Material by Organization: Includes all materials by the organization that authored them.

Essential LOP Documents: Includes important resources like the LOP manual, a list and map of LOP sites, government memos, etc.

https://my.huddle.net/workspace/21172079/files/#/folder/25939765/list

Pro Bono Materials: Includes materials used for pro bono development and assistance of pro bono attorneys, such as sample case closure letters, flyers advertising trainings, pro bono manuals, maps and logistics, sample contact lists, recruitment letters, retainer letters, and web-based resources.

Conference Call Notes: Includes the minutes from our monthly group check-in calls and optional topical calls.

LOP Management: Includes information on security and IT requirements, program information reporting, and LOP-related studies and reports.

Blank Government Forms: Includes various EOIR court forms and a sample NTA.

Trafficking Resources: Includes EOIR guidance on encountering victims of trafficking through LOP services and a Vera tool for identifying victims of human trafficking.

ICE CD: Includes information about various aspects of immigration law and forms of relief in packets created by EOIR. ICE has distributed these materials so that they are available in most detention facility law libraries.

Webinars & Trainings: This folder contains notes, PowerPoints, and materials from topical webinars, webinars for new hires, and on-site trainings.

Court Form Translations: Includes frequently used forms with the original English and foreign language translations.

To find documents on Huddle you can browse the folders. To browse documents from the homepage, click on the “Files” tab at the top of the screen. On the next screen you will see all the folders listed above. If you are looking for a particular document you can use the search box at the top of your screen. Simply type in your search terms, click search, and every document containing those terms will be listed.

Process for Submitting Resources for Review

All materials must be approved by OLAP before distribution. We aim to make the approval process as easy and efficient as possible. Please follow these steps:

Email the new materials to your LOP point of contact as an attachment, either in Microsoft Word or PowerPoint format. Always send the English version of your newly developed materials before sending a Spanish or third language translation.

o If the English version has already been approved, then you can send the Spanish or third language version of the materials for approval.

o Submission of third language materials must always be accompanied by a Certificate of

Translation form.

Vera staff will coordinate with OLAP staff in order to review all LOP materials.

If the materials need major changes before they are approved, Vera staff will reach out to the LOP site with an explanation of the edits needed.

Once LOP materials are approved, Vera will send them to the author organization in PDF format.

Vera will also upload these materials to Huddle and send you the links via email. Then you can begin to distribute these materials during LOP services.

All materials currently on Huddle have been approved by OLAP. Feel free to distribute anything you find on Huddle.

Remember, you cannot distribute any materials unless they have already been approved by OLAP (and not merely submitted for approval).

o You can make minor changes to documents you find on Huddle without getting them approved, as long as these changes are not substantive in nature:

You can change the font or format of a document.

You can update local EOIR, ICE, or organizational contact information.

Make sure to include a note at the bottom of the document stating which organization originally created it.

If you would like to make non-substantive changes to documents that you find on

Huddle, Gladys Rivera-Martinez (grivera@vera.org) can send you the Word version so that it’s easier for you to update.

Please send Gladys any modified resources you plan to distribute so we can upload them to Huddle. We will not need to get them approved.

Creating Effective Pro Se Assistance Material

When writing, make sure to:

Know your audience. Think about the facility’s demographics, such as language, literacy level, and education level.

Keep text simple & short. Avoid unnecessary detail. Explain legal terms and concepts in plain language and in as few words as possible. Provide definitions where necessary.

When writing in another language, include important English terms. In addition to translated terms, remember to also include the term in English so that readers recognize the word when they see it on their own.

Use the active voice rather than the passive voice.

Write in the second person. This will help you convey your meaning directly to the reader and also helps avoid the “he or she” dilemma, as well. You can use a question and answer format in the materials.

When formatting materials, it is important to:

Include a disclaimer. State that the document was not created or endorsed by the government and that the information contained in the document is not legal advice.

Include a table of contents for longer documents. Make sure the headings signal the content of the section.

Include the name of your organization.

When designing the document:

Pay attention to how it looks visually. If the document appears cluttered or unorganized, readers are much less likely to be able to comprehend the information.

Break-up the text. Too much text on a single page can be overwhelming.

Do not justify your text.

Emphasize important points. You can highlight information by changing the size, weight, or font of the word or sentence you wish to emphasize.

Working with Participants with Mental Health Needs

All non-citizens who find themselves in immigration detention face the harsh reality of navigating a complicated legal system with little or no access to family, friends, or legal counsel. For individuals with mental health needs, the obstacles and stresses inherent in this system are exacerbated. If you need further assistance, please contact Vera staff, they can connect you to colleagues who work on the

National Qualified Representative Program (NQRP), which provides legal representation for detained immigrants who have been found to be incompetent to represent themselves in their immigration proceedings because of a serious mental disorder. Vera can use its resources and experience managing the

NQRP to assist you in serving LOP participants with mental health needs.

Working with Stakeholders

If you are a new subcontractor or starting LOP at a new facility, stakeholder meetings will play an important part in launching LOP. If you are launching LOP at a new facility:

Let the Vera point person for your site know when you have set up the initial stakeholder meeting so that they can participate by phone, if possible. Vera can also help you prepare for these meetings.

When meeting with new stakeholders, provide them with the EOIR Statement of Work from your most recent LOP contract and a three-page document which contains an overview of LOP, a site list, and a map, so they have some background on the program.

Regular meetings with stakeholders are important to troubleshoot issues as they arise, solicit feedback about the program, and maintain relationships. Meeting topics might include:

Points of contact

LOP schedule https://my.huddle.net/workspace/21172079/files/#38068239 https://my.huddle.net/workspace/21172079/files/#/50815780

Space for LOP services

Scope of LOP services

Calling LOP participants

New arrivals lists, rosters, dockets, NTAs, etc.

Telephonic interpreter line and electronic resources (mp3 players, laptops, etc.)

LOP materials and handouts

Pro…