Amendment 3 - LOP Manual FY2022.pdf

Legal Orientation Program

FY2022 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

Remote Services

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 Data

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

SharePoint

How to Access LOP External SharePoint

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

Appendix A. Certificate of Translation

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. While Vera continues to maintain a broad portfolio, we are pursuing three core priorities right now and in the immediate future. In addition to

Promoting Safety, Trust, and Justice in a Diverse America, Vera’s goals are Closing Mass Incarceration’s

Front Door and Transforming the Conditions of Confinement. For more information, visit www.vera.org.

The Center on Immigration and Justice

Vera's Center on Immigration and Justice (CIJ) works with government, nonprofit partners, and communities to improve government systems that affect immigrants’ lives. CIJ fights to protect the rights of all immigrants and ensure they are guaranteed access to justice, fairness and freedom. The center administers legal services programs, develops and implements pilot programs, provides technical assistance, and conducts evaluation and empirical research.

The Legal Orientation Program (LOP)

Vera works with the Executive Office for Immigration Review (EOIR) and nonprofit legal service providers to carry out the LOP—a comprehensive effort to inform detained individual in ICE custody 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.

http://www.vera.org/

• 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.

In 2019, Vera and EOIR launched the LOP Information Line pilot with the American Bar Association

(ABA).

The table on the following page lists the sites at which LOPs currently operate.

LOP Organizational Structure

Vera Institute of Justice

• Bettina Rodriguez Schlegel, Program Director

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

o Email: bschlegel@vera.org o Office Phone: (212) 376-0120

• Jennifer Reinbold, Associate Program Director

Works with the Program Director on issues related to stakeholder relations; supports LOP staff through communication to make sure the program is running effectively; oversees technical assistance; and works on contract related matters.

o Email: jreinbold@vera.org o Office Phone: (212) 376- 3057

• Luis Bautista, Program Manager

Supports the overall work of the LOP by providing oversight of program-related issues; coordinates technical assistance; supports LOP sites through communication and site visits; reviews and disseminates pro se materials.

o Email: lbautista@vera.org o Office Phone: (646) 847-5047

• Amanda Garcia, Senior Program Associate

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

reviews and disseminates pro se materials.

o Email: aygarcia@vera.org o Office Phone: (504) 312-4514

• Frances Dávila, Senior Program Associate

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

reviews and disseminates pro se materials.

o Email: fdavila@vera.org o Office Phone: (213) 416-0072

• Méloée Nazaire, Program Analyst

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

o Email: mnazaire@vera.org o Office Phone: (212) 376-3114

• Arthur Leao Budget and Contract Compliance Manager

Oversees the annual contracting processes, such as liaising with government contract partners regarding budgeting and invoicing.

o Email: aleao@vera.org o Office Phone: (212) 267-5899 mailto:bschlegel@vera.org mailto:jreinbold@vera.org mailto:lbautista@vera.org mailto:aholmes@vera.org mailto:fdavila@vera.org mailto:mnazaire@vera.org mailto:aleao@vera.org

• Reza Sayeed, Budget Analyst

Oversees the invoicing, budgeting, and contracting processes o Email: rsayeed@vera.org o Office Phone: (518) 867-9390

• Noelle Smart, Senior Research Associate

Oversees research related to LOP, including data collection and analysis, program evaluation, and performance indicators.

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

• Adam Garcia, Research Associate

Responsible for LOP database management, ensuring data quality, and providing summary statistics for reporting.

o Email: agarcia@vera.org o Office Phone: (315) 309-6945

• Neil Agarwal, Senior Data Scientist

Oversees basic research related to LOP, including data engineering and analysis.

o Email: nagarwal@vera.org

• Ji-Won Choi, Data Analyst

Supports LOP data analysis and reporting of summary statistics.

o Email: jchoi@vera.org o Office Phone: (212) 376-3060

Executive Office for Immigration Review (EOIR):

Vera works in partnership with the Executive Office for Immigration Review. Note: LOP providers should contact Vera staff first, and Vera staff will involve EOIR staff as necessary. For your reference, the following EOIR staff oversee LOP:

• Bernardo Rodriguez

• Karen Powell mailto:rsayeed@vera.org mailto:nsmart@vera.org mailto:agarcia@vera.org mailto:nagarwal@vera.org mailto:jchoi@vera.org

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. Starting in 2019, the LOP expanded to include the LOP Information

Line pilot – an innovative hotline operated by the ABA, which connects adults in detention to information about immigration law and referrals to in-person LOP where available.

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 and information line emphasize that their role is to provide participants with information on immigration law and procedure—not to represent them. LOP information line staff provide limited information to callers over the phone followed, in some cases, by mailed materials. 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 detained individuals 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.

Remote Services

Beginning in March 2020, the LOP network began offering services remotely as a result of the COVID-19 pandemic. Remote services present a variety of new challenges to the LOP model, including increased https://veraorg.sharepoint.com/:b:/r/sites/LOPExt/Shared%20Documents/LOP/4.%20Essential%20LOP%20Documents/Memos/Orientation%20v.%20Representation%20Memo%20-%20July%2011,%202011.pdf?csf=1&web=1&e=AGTG7c difficulties in ensuring information retention, technological coordination with facilities and ICE, and obstacles in reaching potential participants who may be impacted by quarantines. We know COVID-19 outbreaks in the facilities you serve can impact service delivery. This manual’s program guidance relates to traditional in-person services, though many of the same principles and guidance apply during this interim period. Please refer to this manual as needed and contact your Vera point person regarding any specific questions pertaining to temporary remote services.

Despite the unique nature of remote services, many of the best practices employed during in-person LOP are relevant. For instance,

• LOP providers customize the orientation to meet the needs of the participant or participants they are addressing;

• LOP is conducted in the best language of the participant, where possible. Providers are required to speak English and Spanish fluently.

• It is also important to make the session interactive by asking questions and encouraging peer teaching. Additionally, providers use simple language and avoid legalese when presenting information.

• 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.

• Before beginning a session, 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.

• Sessions are led by immigration attorneys, fully accredited Department of Justice

(DOJ) representatives, or paralegals/legal assistants/volunteers under direct supervision of attorneys or fully accredited DOJ representatives.

• Following a session, LOP staff often mail pro se packets, handouts, and other approved written materials to participants by mail in their best language. Pro se materials are clear, concise, and legally accurate.

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

Please keep in mind that remote LOP participants may be calling from public spaces at their detention center, like the cafeteria or their dorms. The LOP cannot guarantee that the content of the calls will remain confidential and staffers should remind callers of this as necessary.

For the pendency of remote services, data reporting practices and deadlines may differ from the standard guidance. Contact lopdatahelp@vera.org for information about the latest guidance and for any questions.

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.

The LOP Information Line, unlike traditional LOP in-person services, requires staffers to combine best practices from the GO and IO models into one innovative hybrid. Calls to the LOP Information Line are screened first to determine that the caller is seeking legal orientation services. Once a LOP caller is identified as such, LOP Information Line staff have a limited amount of time to screen the individual, provide general orientation information, and address specific questions or needs.

A comprehensive curriculum in English and Spanish can be found on SharePoint, 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

Due to the nature of the Information Line, and the short period of time that staffers can spend with each participant, conducting a traditional telephonic GO is impractical. Nevertheless, LOP Information Line staff should be familiar with the LOP curriculum so that they can efficiently share relevant information from it if it relates to the participant’s specific circumstances.

Wherever possible, LOP Information Line staff should refer callers to local LOP providers using the LOP

Referral Guide. Please note that practices for calling people to local LOP services vary by facility and are subject to change. Vera can connect Information Line staff to specific local LOP providers upon request.

Group orientations are led by immigration attorneys, fully accredited DOJ representatives, or paralegals/legal assistants under direct supervision of attorneys or fully accredited DOJ mailto:lopdatahelp@vera.org https://veraorg.sharepoint.com/:b:/s/LOPExt/EU_UWE7x7ONHlQbHwFmOn2UBqwbCjp4UcnR466q8iW4jYw?e=C8hSfS https://veraorg.sharepoint.com/:b:/s/LOPExt/ETsGj8pwvl1NgiBrdm6ION4BzBfHRrSun0jKcHt0911RHw?e=jkrTis https://veraorg.sharepoint.com/:b:/r/sites/LOPExt/Shared%20Documents/LOP/3.%20Material%20by%20Organization/ABA/LOP%20Referral%20Guide%20for%20Callers.pdf?csf=1&web=1&e=NbUPSl https://veraorg.sharepoint.com/:b:/r/sites/LOPExt/Shared%20Documents/LOP/3.%20Material%20by%20Organization/ABA/LOP%20Referral%20Guide%20for%20Callers.pdf?csf=1&web=1&e=NbUPSl 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. Providers emphasize that while they can meet with unrepresented individuals following the group orientation, they are not there to take on cases. After stating their organization affiliation, they clarify that the EOIR runs the program, funds presentations, and reviews presentation materials in advance. Specifically, LOP providers must state a disclaimer regarding EOIR’s oversight and funding of the LOP before any LOP service, including group orientations. 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

SharePoint. 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 detained individuals 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 interactions 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. Please note that LOP presenters cannot deviate from approved group orientation scripts, materials or approved informational topics.

Different providers also see detained individuals 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.

https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/1.%20Material%20By%20Topic/Group%20Orientation%20Material/Visual%20Aids?csf=1&web=1&e=m27TSi https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/1.%20Material%20By%20Topic/Group%20Orientation%20Material/Audio%20Presentations?csf=1&web=1&e=IEYseD

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

LOP to all detained individuals 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 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 should work with Vera, detention facility staff, and ICE to address these and other logistical issues as they occur.

Group Orientation Resources

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

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

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

• Group Orientation materials in various languages are available on SharePoint. You can find them by topic in our “Materials by Topic” folder on SharePoint or by language in our “Materials in

Languages Other Than English or Spanish” 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 https://veraorg.sharepoint.com/:v:/r/sites/LOPExt/Shared%20Documents/LOP/9.%20Webinars%20%26%20Trainings/1.%20New%20Hires%20Orientation%20Webinars/2.%20New%20Hires%20-%20Group%20Orientations.mp4?csf=1&web=1&e=aaMoLg https://veraorg.sharepoint.com/:b:/r/sites/LOPExt/Shared%20Documents/LOP/1.%20Material%20By%20Topic/Group%20Orientation%20Material/Scripts/LOP_Script_English.pdf?csf=1&web=1&e=AfKnYh https://veraorg.sharepoint.com/:b:/r/sites/LOPExt/Shared%20Documents/LOP/1.%20Material%20By%20Topic/Group%20Orientation%20Material/Scripts/Vera_GO%20Addendum_Script_English.pdf?csf=1&web=1&e=xpMktl https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/1.%20Material%20By%20Topic/Group%20Orientation%20Material/Visual%20Aids?csf=1&web=1&e=fARXBy https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/1.%20Material%20By%20Topic/Group%20Orientation%20Material/Posters?csf=1&web=1&e=nThtRX https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/1.%20Material%20By%20Topic/Group%20Orientation%20Material/Handouts%20%26%20Guides?csf=1&web=1&e=HQvlpv https://veraorg.sharepoint.com/:f:/s/LOPExt/Eh6T9EbIn1FBrEmi9kxCsRUBVxyV-ONAXQM-9RFl4CKHaQ?e=vQCz2u https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/1.%20Material%20By%20Topic/Group%20Orientation%20Material/Scripts?csf=1&web=1&e=vGGYIL https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/1.%20Material%20By%20Topic?csf=1&web=1&e=BQW0tu https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/2.%20Materials%20in%20Languages%20Other%20Than%20English%20or%20Spanish?csf=1&web=1&e=6f1iIs https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/2.%20Materials%20in%20Languages%20Other%20Than%20English%20or%20Spanish?csf=1&web=1&e=6f1iIs https://www.vera.org/projects/legal-orientation-program/related-work https://veraorg.sharepoint.com/:b:/r/sites/LOPExt/Shared%20Documents/LOP/9.%20Webinars%20%26%20Trainings/On-Site%20Training%20Programs%20(OSTPs)%20%26%20Training%20Conferences/2016%20On-Site%20Training,%20San%20Antonio/Good%20Practices%20for%20GOs.pdf?csf=1&web=1&e=yFfd7J 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 detained individual 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-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. An LOP provider must also obtain written consent before conducting an individual orientation, but when impracticable, verbal acknowledgment is acceptable. Impracticable, in this circumstance, is defined as consent obtained during remote service operations, though it can also apply to in-person services if a participant is unable to read and write. An LOP provider should document their efforts to confirm that written consent is not practical and maintain records of oral consent. It is also important to provide the participant with a disclaimer, explaining that the LOP provider is only providing legal information, not advice. Additionally, LOP providers must state a disclaimer regarding EOIR’s oversight and funding of the LOP before any LOP service, including individual orientations. 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 SharePoint.

• Sample disclaimers and intake forms can be found on SharePoint.

• 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 detained individuals 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 detained individuals 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.

Before beginning a Pro se workshop, it is important that the LOP provider establishes that the participant is not represented. 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. An

LOP provider must also obtain written consent before conducting a pro se workshop, but when impracticable, verbal acknowledgment is acceptable. Impracticable, in this circumstance, is defined as consent obtained during remote service operations, though it can also apply to in-person services if a participant is unable to read and write. An LOP provider should document their efforts to confirm that written consent is not practical and maintain records of oral consent. It is also necessary that LOP providers state a disclaimer regarding EOIR’s oversight and funding of the LOP before any

LOP service, including pro se workshops.

https://veraorg.sharepoint.com/:v:/r/sites/LOPExt/Shared%20Documents/LOP/9.%20Webinars%20%26%20Trainings/1.%20New%20Hires%20Orientation%20Webinars/3.%20New%20Hires%20-%20Individual%20Orientations.mp4?csf=1&web=1&e=31dLFF https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/1.%20Material%20By%20Topic/Individual%20Orientation%20Material?csf=1&web=1&e=AuJFso https://veraorg.sharepoint.com/:b:/r/sites/LOPExt/Shared%20Documents/LOP/9.%20Webinars%20%26%20Trainings/On-Site%20Training%20Programs%20(OSTPs)%20%26%20Training%20Conferences/2016%20On-Site%20Training,%20San%20Antonio/Good%20Practices%20for%20IOs.pdf?csf=1&web=1&e=mwvUQP

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:

• Asylum

• Bond

• Document gathering

• Filing evidence

• Testimony

• Court demeanor

• Crimes and immigration

• Writing affidavits

• Stipulated removal

• Prosecutorial Discretion

At sites with relatively less population turnover, 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.

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. Please note that LOP presenters cannot deviate from approved pro se workshop scripts, materials or approved informational topics.

To supplement the assistance offered in group orientations, individual orientations, and pro se workshops, LOP providers distribute EOIR-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 SharePoint.

• You can find Spanish and English court and USCIS forms in the “Court and USCIS Form

Translations” folder on SharePoint. LOP providers tend to find them very useful for PSWs.

• Sample PSW sign-up sheet that includes consent language can be found on SharePoint.

Pro Bono (PB) Referrals and Placements

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. Please note that consent from the individual prior to making a pro bono referral should be obtained in writing. However, under emergent circumstances, LOP providers may obtain the person’s verbal consent for making referrals. The consent to share information with a third party is in addition to the consent that is required before performing an IO or PSW.

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.

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 https://veraorg.sharepoint.com/:v:/r/sites/LOPExt/Shared%20Documents/LOP/9.%20Webinars%20%26%20Trainings/1.%20New%20Hires%20Orientation%20Webinars/4.%20New%20Hires%20-%20Pro%20Se%20Workshops.mp4?csf=1&web=1&e=VyQpMh https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/10.%20Court%20and%20USCIS%20Form%20Translations%20-%20%20All%20Forms%20are%20Outdated%20%26%20Should%20Only%20be%20Used%20as%20Guides?csf=1&web=1&e=jz1qr3 https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/10.%20Court%20and%20USCIS%20Form%20Translations%20-%20%20All%20Forms%20are%20Outdated%20%26%20Should%20Only%20be%20Used%20as%20Guides?csf=1&web=1&e=jz1qr3 https://veraorg.sharepoint.com/:b:/s/LOPExt/EeYgOjyWCLNIlnqq_mm6eDYBxYePBx-TCMWJoW42rixnTQ?e=gFvFwZ https://veraorg.sharepoint.com/:b:/r/sites/LOPExt/Shared%20Documents/LOP/5.%20Pro%20Bono%20Materials/Vera_LOP%20and%20ICH%20Pro%20Bono%20Best%20Practices%20Handout.pdf?csf=1&web=1&e=9OWk5z 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.

Keep in mind that providers can also make referrals to pro bono counsel for bond/limited scope representation. 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 SharePoint.

https://veraorg.sharepoint.com/:v:/r/sites/LOPExt/Shared%20Documents/LOP/9.%20Webinars%20%26%20Trainings/1.%20New%20Hires%20Orientation%20Webinars/5.%20New%20Hires%20-%20Pro%20Bono%20Coordination.mp4?csf=1&web=1&e=fYyLHc

• There is a folder dedicated to pro bono referral on SharePoint, which includes case closure letters, flyers, legal resources, maps and logistics, outreach and sample contact lists, pro bono capacity, pro bono manuals, recruitment letters, retainer letters, and other helpful resources.

• A sample consent form can be found on SharePoint.

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

• Orientation vs. Representation memo (Section 8)

III. Communication with Vera

Management and Oversight of LOP

Vera staff work in close collaboration with EOIR 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 analysis using program data with feedback from and communication with LOP sites. Given the

LOP Information Line’s national scope, Vera, the ABA, and EOIR will work closely together to evaluate the source of calls to the Information Line and their content. That information can be used to identify trends that may not be captured by in-person providers, as well as map the needs of individuals detained at non-

LOP facilities. 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 data, and

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

Standardized Reporting of Program Data

Program data is important to the continued success of the program. This data allows Vera to demonstrate

LOP’s role in improving court efficiencies and due process for detained people in removal proceedings.

Program data is also key for effective program management, as it can help illuminate trends in service provision and identify areas where technical assistance is needed. While Vera acknowledges that collecting and entering program data can be onerous, the work providers do in capturing accurate data about LOP services is crucial to demonstrating the impact of the program.

https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/5.%20Pro%20Bono%20Materials?csf=1&web=1&e=GzzzGD https://veraorg.sharepoint.com/:b:/s/LOPExt/EeBWXKfgatJPnh7Z21VSiVkByWVMY9QQX4Wu_MCPJgvzYg?e=uA9NYe https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/5.%20Pro%20Bono%20Materials/Legal%20Resources%20Only%20for%20Distribution%20to%20Pro%20Bono%20Attorneys%20-%20Not%20Pro%20Se%20Respondents?csf=1&web=1&e=XZNBm9 https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/5.%20Pro%20Bono%20Materials/Retainer%20Letters?csf=1&web=1&e=SgYx7O https://veraorg.sharepoint.com/:b:/r/sites/LOPExt/Shared%20Documents/LOP/4.%20Essential%20LOP%20Documents/Memos/Orientation%20v.%20Representation%20Memo%20-%20July%2011,%202011.pdf?csf=1&web=1&e=AGTG7c

LOP providers use the Orientation Programs database to enter program data on an on-going basis. Each

LOP staff person whom the managers designate as needing access to the database has their own account for entering and modifying program data. It is important that LOP sites keep the database as up-to-date as possible, entering program data as soon as they are able to following the provision of LOP services. LOP providers are asked to review their entered data for accuracy and to ensure that all services have been recorded.

Providers can find current guidance on how to enter LOP program data into the Orientation Programs database in the database user guide. Vera staff use program data entered in Orientation Programs database to report performance indicators and aggregate statistics on a quarterly and annual basis, including the number of services provided and participants served per provider and across the network over time. To supplement data recorded through the database, LOP providers send Vera a completed narrative questionnaire quarterly. This questionnaire asks about LOP services, participant trends, stakeholder communication, staff updates, and success stories. The template for this report is occasionally updated. You can find the current narrative questionnaire on SharePoint.

For some analyses, Vera merges LOP data with EOIR CASE data using participants’ A-numbers to identify trends in court activity for LOP participants, such as the likelihood of submitting an application for relief.

Vera also uses program data to respond to ad hoc requests for information from EOIR.

EOIR and Vera use your program data to help manage the LOP program and respond to changes and challenges occurring at LOP sites. Analyses using program data also helps demonstrate to other government bodies how the program is working and may be used to advocate for additional funding in the future.

For more information about LOP data entry and reporting, please consult the database user guide and recording of the LOP Database Training Webinar. Please contact LOPdatahelp@vera.org for any questions related to data and 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 EOIR 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 EOIR staff also meet with stakeholders (such as local https://orientationprograms.vera.org/Account/Logon https://veraorg.sharepoint.com/:b:/s/LOPExt/EY9OmCZO2VJEg6phB9Pk5SQBEoyrxZGrMDxUv8X6Z0ps-Q?e=n3udSe https://veraorg.sharepoint.com/:b:/r/sites/LOPExt/Shared%20Documents/LOP/11.%20LOP%20Management/Quarterly%20Reporting%20Instructions/Quarterly%20Report%20Narrative%20Template.pdf?csf=1&web=1&e=6GO1Bb https://veraorg.sharepoint.com/:b:/s/LOPExt/EY9OmCZO2VJEg6phB9Pk5SQBEoyrxZGrMDxUv8X6Z0ps-Q?e=EPtjPF https://veraorg.sharepoint.com/:v:/s/LOPExt/ERY3b27_62JOkghhGxxZ388BVhliNw7BFVWz1VRUB95PNw?e=ZjNI71 mailto:LOPdatahelp@vera.org 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 EOIR staff discuss their observations and subsequently provide feedback to LOP providers. You can find a copy of the blank in-person LOP site visit evaluation template, a blank remote

LOP site visit template, and a blank LOP Information Line site visit evaluation template under the “Site

Visits” subfolder in the “LOP Management” folder on SharePoint’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 EOIR 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 Bar

Association, 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: American Bar Association, 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 EOIR a chance to update site staff on changes that affect the program as a whole.

Since check-in calls typically last an hour, Vera and EOIR work to ensure that all LOP sites have the opportunity to communicate any major developments on these calls. In particular, Vera and EOIR 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 EOIR 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.

https://veraorg.sharepoint.com/:b:/r/sites/LOPExt/Shared%20Documents/LOP/11.%20LOP%20Management/Site%20Visits/FY2021%20LOP%20Site%20Visit%20Evaluation%20Memo%20Template.pdf?csf=1&web=1&e=Q7aDk9 https://veraorg.sharepoint.com/:b:/s/LOPExt/ESic6DY6GsNFjMoOCxgeHYcBJjFqZrQelBRlzRQzZb_eig?e=uq84aC https://veraorg.sharepoint.com/:b:/s/LOPExt/ESic6DY6GsNFjMoOCxgeHYcBJjFqZrQelBRlzRQzZb_eig?e=uq84aC https://veraorg.sharepoint.com/:b:/r/sites/LOPExt/Shared%20Documents/LOP/11.%20LOP%20Management/Site%20Visits/FY2021%20LOP%20Information%20Line%20Site%20Visit%20Evaluation%20Memo%20Template.pdf?csf=1&web=1&e=tp41Gy https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/11.%20LOP%20Management/Site%20Visits?csf=1&web=1&e=8Jeqgo https://veraorg.sharepoint.com/:f:/r/sites/LOPExt/Shared%20Documents/LOP/11.%20LOP%20Management/Site%20Visits?csf=1&web=1&e=8Jeqgo

• If you need to put the conference call on hold, please remember to press star six…