70CDCR19R00000002_Section_C_Amendment_0001.pdf

70CDCR19R00000002

SECTION C – STATEMENT OF WORK

1.0 Background

The Alternatives to Detention (ATD) Unit of the Office of Enforcement and Removal Operations

(ERO) within the U.S. Department of Homeland Security’s (DHS) Immigration and Customs

Enforcement (ICE) component is responsible for the development and implementation of programs that provide cost-effective alternatives to secure detention. These alternatives are designed to improve rates of appearance at immigration interviews and hearings by aliens released from secure detention or otherwise part of the non-detained population (i.e. those who have never been detained) and are also intended to improve compliance with final orders issued by immigration judges.

Limited detention capacity and an increasing detainee population coupled with the need to lower absconder rates have sparked national efforts to integrate the use of various alternatives to detention for aliens who do not require mandatory detention. Alternatives to detention offer the prospect of a considerable cost savings over secure detention for eligible aliens.

The Intensive Supervision Appearance Program (ISAP), sponsored by ATD, is a compliance program that uses technology and case management to ensure compliance with release conditions, court appearances and final orders of removal while allowing aliens to remain in their community. Adults 18 years of age or older may be eligible for placement into this ATD program if they are not subject to mandatory detention and are currently in some stage of removal proceedings. ATD/ISAP also offers services for foreign-born minor children (defined as riders) of enrolled participants under the Extended Case Management Services Program (see

Attachment 2-Extended Case Management Services Program). Program participants consists of people from a varying range of criminality with a focus on enforcement priority cases.

While participants are enrolled in the ATD program, they will be treated with dignity, care and respect.

2.0 Scope

The contractor shall provide community-based supervision, in-person reporting, telephonic reporting, GPS monitoring or biometric technology monitoring services across the nation. The organization, design, and administration of the program shall comply with all applicable federal, state, and local licensing provisions, as well as ERO requirements as put forth in the requirements documents (Statement of Work, Attachment 1 – Detailed GPS Ankle Bracelets and

Tracking/Monitoring System, Telephonic and Biometric Reporting System, and Attachment 2 –

Extended Case Management Services Program). The contractor shall provide management oversight for the implementation and operations set forth in this SOW.

The program includes varying degrees of supervision and electronic monitoring options as assigned by ERO officers. Program services shall be provided in a nondiscriminatory manner and without regard to a participant’s race, color, national origin, gender, religion, or disability. ATD participants are mandated, except for Extended Case Management

Services (ECMS) participants, to use some form of technology which can consist of a GPS tracking device, Telephonic Reporting, and/or biometric check in technology.

3.0 Definitions – See Attachment 10 for additional definitions and explanations.

a. Technologies refer to the following and are further defined in Attachment 1:

i. GPS Ankle Bracelets and a Tracking / Monitoring System

ii. Telephonic Reporting Voice Recognition / Verification System

iii. Biometric check in technology

b. For the purposes/purposes of this statement of work, legal stages will only comprise of:

i. Pre-Order – The Alien has been placed into removal proceedings and has not received a case decision from the Immigration Judge.

ii. Post-Order – An alien who is in the legal stage of post order is:

1. An alien who has received an order of removal from an Immigration Judge;

neither party has appealed, one party has reserved appeal but has not filed it, or if either party has reserved appeal, the statutory thirty (30)-day period has elapsed.

2. An alien has received an order of removal from a Designated Authorized

Immigration Official or Federal District Judge.

3. An alien has been granted Voluntary Departure by an Immigration Judge or

Designated Authorized Immigration Official

iii. Appeal – The Immigration Court has issued a decision and either the participant or

ICE has filed a Notice of Appeal (NOA) with the Board of Immigration Appeals

(BIA) and the appeal is pending before the BIA.

4.0 Contractor Personnel

a. Contractor Personnel

i. The contractor shall supply the COR and the ERO Security Officer with a monthly list of all employees working on the contract.

ii. The contractor shall obtain prior written concurrence from the Contracting Officer

(CO) for appointment and replacement of key personnel as established within HSAR

3052.215-70 Key Personnel or Facilities.

b. Program Director/Deputy Program Director (Key Personnel)

i. Qualifications:

1. At a minimum, possess a Bachelor’s degree in an appropriate discipline from an accredited institution. The Government will not accept years of experience as a substitute for a Bachelor’s degree for key personnel.

2. Program Director must have 10 years documented experience, certification, and credentials applicable to the goals and objectives of this program sufficient to communicate, direct, counsel, and evaluate subordinate staff that would be appropriate for and commensurate with a typical community program with similar goals and objectives.

3. Deputy Program Director must have at least five years documented experience, certification, and credentials applicable to the goals and objectives of this program sufficient to communicate, direct, counsel, and evaluate subordinate staff that would be appropriate for and commensurate with a typical community program with similar goals and objectives.

ii. Duties:

1. The contractor personnel filling this position shall be designated "Key

Personnel." The contractor Program Director is the person responsible and accountable for the overall execution and administration of the program under this contract. This person functions as the single point of contact for the COR and CO.

2. The contractor shall create and maintain a management organization that has its

Program Director as a single point of contact for ERO.

3. As key personnel, absent any reasons supporting a termination for cause on behalf of the contractor, the contractor shall ensure that the program director retain his or her position on the ISAP contract for not less than one year from the date of contract award.

4. Should the contractor terminate the Program Director, or Deputy Program

Director at any time during the contract period, the contractor’s replacement must be approved by the COR and CO prior to his or her assignment on the ISAP

Contract. A full-time replacement must be put in place within 90 days of key personnel vacancy unless a waiver is granted by the COR.

5. The Program Director and Deputy Program Director, with authority to act on behalf of the Program Director, shall be accessible to ERO by mobile phone 24 hours per day, 7 days per week, 365 days per year.

c. Program Manager (PM)

1. Possess a Bachelor's degree in an appropriate discipline from an accredited institution (an Associate degree with two or more years of relevant experience may be substituted for a Bachelor's degree)

2. Have at least two years of documented experience in a field related to law, social work, detention, corrections, or similar occupational area; certification, licensure, and credentials applicable to the professional accreditation of the position

3. Demonstrate experience applicable to the goals and objectives of this program sufficient to communicate with other staff, and appropriate for a similar program environment

4. The Program Manager, or the person designated to act on their behalf, shall be accessible to ERO by mobile phone 24 hours per day, 7 days per week, 365 days per year.

ii. Duties:

1. Supervises Case Specialists and Administrative Assistants

2. Must meet the minimum requirements as established to be a Case Specialist

3. Must be proficient in performing all duties of a case specialist and be able to train new Case Specialists.

4. Maintain current training and certification requirements in accordance with state and ICE/ERO standards

5. There must be at least one PM at each C-Site.

d. Case Specialist (CS)

1. Possess a bachelor's degree in an appropriate discipline from an accredited university (an Associate degree with two or more years of relevant experience may be substituted for a bachelor's degree).

2. A bilingual skill set is preferred.

3. Have at least two years of documented experience in a field related to law, social work, detention, corrections, military/civil service or similar occupational area; certification, licensure, and credentials applicable to the professional accreditation of the position

4. Demonstrate experience applicable to the goals and objectives of this program sufficient to communicate with other staff, and appropriate for a similar program environment

5. Possess and maintain appropriate state licensure

1. Provide program services to participants in accordance with this SOW and required by ERO.

2. Direct communication with program participants and ERO.

3. Create participant service plans

4. Maintain electronic case records

5. Execute case management plans in accordance with this SOW and as required by ERO.

6. Maintain current training and certification requirements in accordance with

e. Administrative Assistant (AA)

1. Possess an Associate’s degree in an appropriate discipline from an accredited institution (two or more years of relevant experience may be substituted for an Associate’s degree)

2. Have at least two years of experience working with computers.

3. Demonstrate experience applicable to the goals and objectives of this program sufficient to communicate with other staff, and appropriate for a similar program environment

1. Communicate with program participants in the office

2. Assist the Case Specialist in providing program services to participants

3. Assist the Case Specialist with duties performed during office visits

4. Help with the maintenance of case records and systems

5. Assist the Program Manager as needed

6. Maintain current training and certification requirements in accordance with

5.0 Operations Constraints / Assumptions

a. Contract performance shall fully comply with the following:

i. The Immigration and Nationality Act (INA) as amended, 8 U.S.C. 1101 et seq.

ii. Homeland Security Act of 2002 (HSA), as amended

iii. Title 8 Code of Federal Regulations (CFR), as amended

iv. Title VI of the Civil Rights Act of 1964, as amended

v. The Rehabilitation Act of 1973, as amended

vi. The Americans with Disabilities Act of 1990, as amended

b. The contractor shall not refuse to accept a participant referred by ICE unless:

i. ERO has determined this alien does not qualify for a technology option (and is not an ECMS participant).

ii. Note: T-sites will have no distance limitations from aliens’ residences to the reporting

ERO offices unless otherwise determined by local ERO discretion.

c. Standards of Conduct

i. The contractor shall obtain written certification from each of its employees agreeing to abide by the standards of conduct outlined below for the duration of their employment.

1. The contractor shall provide all employees with a copy of the program's standards of conduct.

2. All employees shall certify in writing that they have read and understand these standards.

3. A record of this certificate shall be provided to the COR prior to the employee's beginning work under this contract.

4. Contractor staff shall not display favoritism or preferential treatment to one program participant or group of program participants over another.

5. No contractor employee shall enter into or maintain an existing personal relationship with a program participant.

6. Contractor staff shall be prohibited from accepting for themselves or any member of their family any personal gift, favor, or service from program participants or from the program participants' families or close associates, no matter how trivial the gift or service may seem. All staff shall be required to report any such offers within 24 hours to the Program Director via the Office

Manager. In addition, no staff shall give any gift, favors, or service not authorized under the ISAP contract to program participants, their families, or close associates.

7. Contractor staff shall not enter any business relationship with program participants or their families (e.g., selling, buying, trading personal property, or on social media, etc.).

8. Contractor staff shall not have any outside or social contact with program participants, their families or close associates to include all forms of social media outlets.

9. If engaging in social media, contractor shall maintain professionalism on and off duty and shall not discuss their duties and information relating to their employment or ICE/ERO.

10. Contractor shall not discuss or give any legal advice to any enrolled participant.

ii. The contractor shall report to the COR within 24 hours of any violations or attempted violations of the standards of conduct.

iii. Violations may result in employee dismissal by the contractor or removal at the discretion of the CO.

iv. Failure on the part of the contractor to report a known violation or to take appropriate disciplinary action against offending employee or employees shall subject the contractor to appropriate action up to and including termination of the contract for default.

d. Removal from Duty

i. The contractor shall notify the COR within 24 hours upon learning of adverse or disqualifying information regarding any employee. The contractor shall immediately remove the employee from performing duties under this contract, provide written notice to the COR of the employee’s removal and comply with further guidance from the CO upon learning of adverse or disqualifying information.

The contractor shall notify the COR in writing of any employee terminations, suspensions, resignations, or any other adverse personnel actions taken for any reason.

The contractor shall also notify ATD Headquarters to include the ATD Unit Chief and the Alternatives to Detention Monitoring Officer (AMO) and the Section Chief for that

AOR/region.

Disqualifying information includes, but is not limited to:

1. Arrest or conviction of a crime (felony or misdemeanor offenses),

2. A record of arrests for traffic offenses (especially DUI), or

3. False information entered on suitability forms.

4. Upon notification, the contractor shall remove any employee from assignment to this contract who has been disqualified for security reasons or is deemed unfit to perform his or her duties.

ii. A determination of being unfit for duty includes, but is not limited to, incidents involving misconduct as set forth below:

1. Neglect of duty or failure to carry out assigned tasks;

2. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records;

3. Possession of or selling, consuming, or being under the influence of intoxicants, drugs, or other mind-altering substances;

4. Unethical or improper use of official authority;

5. Violations of security procedures or regulations;

6. Fraternization with program participants;

7. Failure to maintain or fulfill training requirements; or

8. Inappropriate conduct on social media as defined in the Standards of Conduct.

iii. Contractor shall not discuss any enrolled participants’ case information with anyone other than ERO and the participant.

iv. Contractor shall allow official legal counsel retained by any enrolled participant into the contractor office waiting area, provided they are not soliciting for business or causing a disruption. Contractor shall not permit legal counsel to attend face to face meetings between participants and their case specialist. Contractor shall not discuss anything regarding the participants’ immigration case, legal stage or case management with a participant’s legal representative. All questions from participants’ attorneys shall be referred to ERO.

v. Contractor staff shall be prohibited from providing legal advice to program participants and from interfering with a program participant's immigration status proceedings or the execution of final orders of the Immigration Court. Failure to comply shall result in the termination of the contract and/or possible criminal charges against the employee.

vi. The contractor shall develop procedures for reporting and handling grievances from participants. All formal grievances shall be reported within the next business day to the corresponding AMO, Section Chief, and the COR in writing. Any formal grievances from participants concerning equal opportunity to the program’s services shall be forwarded to the ICE Office of Diversity and Civil Rights for processing at

ICE.Civil.Liberties@ice.dhs.gov.

mailto:ICE.Civil.Liberties@ice.dhs.gov

6.0 Required Services

a. General Requirements

The contractor shall provide community-based supervision, in-person reporting, telephonic reporting, Global Positioning Services (GPS) monitoring, biometric technology monitoring services, and in some cases Extended Case Management Services (ECMS) at locations across the nation. Community-based supervision will be conducted through home visits, in-person reporting through office visits, telephonic reporting utilizing a participant’s home or cell phone to call in at scheduled times, GPS monitoring using a contractor provided global positioning tracker worn by the participant, biometric technology which will allow the contractor to track a participant through a unique biometric identifier, and ECMS which is a service component of the

ISAP that uses enhanced case management and services to assist in stabilizing participants who may have significant challenges to ensure that they can comply with release conditions and orders issued by the Executive Office of Immigration Review (EOIR).

The program consists of contractor stand-alone offices (C-site), one or two contractors working at a government office (G- site), staging site generally located (but not limited to) various locations along the United States borders which consist of at least one contractor performing limited enrollments (S-site) and sites without a physical contractor or government offices (T-site). A single ERO/ATD location may have multiple sites operating simultaneously with

Headquarters Alternatives to Detention (HQ – ATD) approval.

Whether operating at a C-site on contractor-owned equipment or at a G-site on government furnished equipment, when accessing information and applications behind the DHS and ICE firewalls, the contractor shall ensure that its operations under the ISAP contract comply with all applicable DHS and ICE Office of the Chief Information Officer (OCIO) requirements.

ERO officers have the discretion to choose the type of technology as well as the mandated frequency for office visits and home visits on a case by case basis.

ERO will determine the expected capacities, technology, and levels of supervision anticipated at each geographic location. Requests for establishing new sites or adding additional capacity at existing C-Sites, G-sites, S-sites or T-sites will be initiated by the Government and conveyed to the Contractor via bilateral contract modification.

Excluding ECMS, the contractor shall have a participant to Case Specialist ratio of no more than 125 to one for all C-sites and G-sites. ECMS participants shall have a Case Specialist to participant ratio of no more than 40 to one.

1. If any location is determined to exceed the participant to case specialist ratio a

90-day grace period may be allowed for the location to demonstrate the ability to manage the increased participant population while continuing good faith efforts to appropriately staff the contract office to meet the required ratio.

2. Any further inquiries after the 90-day grace period will be addressed by

ATD Headquarters and the COR.

Outside business hours, extenuating circumstances can arise where contractor assistance with enrollment, device assignment and other tasks shall be required. In this situation, on-call contractor personnel will need to be available. Monitoring and alert/violation resolution is expected 24/7/365.

b. Contractor Office Sites (C-site)

1. The contractor shall provide offices/office space for all C-Sites.. The C-Site shall be aesthetically appealing and positively reflect ICE as well as the community area in which it is located.

The contractor shall provide the COR with written certification that each office/office space complies with state and local emergency and safety codes prior to beginning work at the contractor locations under this contract. The contractor shall be responsible for the site’s maintenance, janitorial service, upkeep, repair and utilities in addition to providing all contractor staff with the necessary IT equipment and networking. Each C-Site location shall have the following:

i. Accessibility to Public Transportation unless waived by the COR and HQ-ATD.

ii. Proximity to ERO Office (shall be within ten (10) miles due to possible, immediate response required by ERO officers). Any office located at a greater distance than ten miles shall be approved by Headquarters ATD and the Director of ISAP.

iii. One (1) parking space on site for ERO ATD staff.

iv. One (1) private office available to ERO ATD staff for interviews or other specified tasks as requested by local ERO. This office shall include a locking door to ensure privacy. The contractor shall not be required to provide computer equipment for government personnel.

v. Offices/office space adequate for all contractor personnel, vehicles, and equipment at each of its designated (C-site) operational locations under this contract.

vi. Private rooms for contractor to conduct participant interviews.

vii. Public restroom facilities available on site for program participants.

viii. A tobacco-free environment.

ix. At least one (1) contractor owned vehicle (COV) available 24 hours a day to meet contractual requirements. If a COV is not available, the contractor must notify the ATD

COR, as well as the corresponding Section Chief and ATD Monitoring Officer (AMO) within 24 hours or the next business day.

In the event that ERO requires a participant to be enrolled after standard business hours, ERO may deliver the participant to the Contractor facility. If the participant is to be enrolled in the field, ERO will be present with the Contractor until installation is complete.

2. The contractor shall ensure that the C-site has appropriate staffing coverage to fulfill all requirements of this contract.

i. At least one (1) contractor available to resolve alerts, violations, and assist in enrollments at all times, including outside of standard business hours.

ii. At least one (1) Program Manager (PM), two (2) Case Specialists (CS) and an

Administrative Assistant.

iii. C-Site staffing ratios for each site will be based on the active participant population utilizing a 30-day moving average. (i.e. if the thirty (30) day moving average number of participants is at 251, then a third case specialist would be immediately required).

In the event that there are system issues which inhibit full performance of the contract, the contractor shall notify the ATD COR, as well as the corresponding Section Chief and

AMO within 24 hours. Follow-up steps will be taken as denoted in the Task and

Deliverables section of the SOW and the QASP.

c. Government Office Sites (G-site)

i. ERO will assign the necessary IT equipment to include a computer, desk phone, fax machine, scanner, printer, etc. ERO will also provide standard ICE desktop software, accesses, infrastructure and technical support to contractor staff subject to compliance with

ICE Office of the Chief Information Officer (OCIO) and Office of Asset Management

(OAM) Policy. The contractor is responsible for providing items not readily available in a

Government location (cell phones, ID card makers, ID scanners if used, etc.).

ii. No more than two case specialists can be assigned to any G site.

iii. Each G-site shall be equipped with at least one (1) contractor owned vehicle

(COV) available 24 hours a day to meet contractual requirements. If a COV is not available, the contractor must notify the ATD COR and the corresponding Section

Chief and AMO within 24 hours.

iv. G-sites shall not be staffed on Federal Holidays.

v. The contractor shall work in ERO offices at all G- site locations.

d. Technology Only Sites (T-site)

i. The Government may determine that an alien may require some services available under the ISAP IV contract but not have a local contractor handle the full suite of services (i.e. home visits, scheduled office visits, orientation, etc.). The T-Site enrollment is done by ERO personnel. The participants are enrolled into the contractor database using contractor equipment and monitoring. Essentially, ERO officers take the place of the contractor personnel which eliminates the contractor performing any of the person to person processes such as home and office visits.

Government may assign some services that do not require the physical presence of the contractor (Executive Office of Immigration Review (EOIR) tracking, limited alert management, etc.).

ii. Case management services and Individual Service Plans are not required for T-site participants.

iii. The Government may request that the contractor provide alert management and court tracking services remotely.

e. Staging Site (S-site)

i. A Staging site is a location where aliens are, enrolled into the ATD Program on GPS monitoring, and then required to report to another ERO location in the United States for further evaluation.

ii. Staging sites are located, but not limited to, various locations along the United States borders.

iii. Staging sites may be staffed by at least one contractor performing a partial enrollment, installing GPS technology, and assigning alert management services. (see SOW Section

6.1.f.ii.)

6.1 List of Service Options

ERO Officers will complete an ATD Participant Enrollment Form (Attachment 5) for each ATD

Participant at the time of enrollment and as changes in services are required. Change requests and terminations required by ERO will be issued to change the services required and/or frequency of home visits or office visits. Once the contractor receives an enrollment request, change request or termination from ERO, the required action shall be completed within one business day.

The contractor shall develop and implement an individualized service plan (ISP) for participants scheduled for home and/or office visits as well as perform services in accordance with the requirements of this SOW at ERO locations nationwide based upon the participant’s case and circumstances.

The contractor shall provide the following services when selected and assigned by ATD

Officers on a case by case basis.

a. Court Tracking – The contractor shall perform the following actions:

Call Executive Office of Immigration Review (EOIR) court line for hearing information.

i. If no hearing is scheduled:

1. The contractor shall call the EOIR court line weekly until an update is received and document the update in contractor system.

2. Every thirty days an EOIR hearing is not scheduled, the contractor shall contact ERO, Task Manager and HQ, and provide an update.

ii. Once a hearing is scheduled, the contractor shall:

1. Notify the Participant within 24 hours via office visit, home visit or phone call.

2. Update the Individualized Service Plan (ISP).

3. Notify ERO of the court date within 24 hours

4. Continue calling the court line once every 30 days.

5. Present the participant with the Court Appearance Contract form for signature.

6. Issue EOIR location, time, and directions to the Participant.

7. Review the transportation plan with the participant and identify a backup plan.

8. Remind the Participant during every contact to attend the hearing.

9. Contact the Participant 24 hours prior to the hearing to remind the

Participant to attend the hearing.

10. The participant will report to the contractor office to provide court results by the end of that business day, or if not practical, by the end of the next business day.

11. Update the appropriate databases with results.

iii. When the Court issues a decision the contractor shall:

1. Notify Task Manager/local ERO by email.

2. Update the legal stage in the contractor case management system.

3. Make changes to supervision as required by ERO.

4. Update ISP and present document to Participant for signature. If Participant refuses to sign, contractor shall contact ERO by the end of the current business day.

iv. Appellate Monitoring – Board of Immigration Appeals (BIA) –if a decision is issued, the contractor shall:

1. Notify Task Manager/local ERO by email.

2. Update the legal stage in the contractor case management system.

3. Make changes to supervision as required by ERO.

4. Update ISP and present document to Participant for signature. If Participant refuses to

v. Appellate Monitoring – Circuit Court or Higher – if a decision is issued, the contractor shall:

1. Contact Clerk of Court of Appeals to obtain date of mandate issuance

2. Notify Task Manager/local ERO by email.

3. Update the legal stage in the contractor case management system.

4. Make change to supervision as required by ERO.

5. Document decision, date of issuance, and all actions in appropriate databases with results.

6.Update ISP and present document to Participant for signature. If Participant refuses to

b. Alert Management – The contractor shall perform the following actions:

i. Monitor and respond to notifications/alerts sent regarding the status or compliance of an ATD participant with GPS, Telephonic, Biometric or any other technology assigned in the Reporting

Program, 24 Hours a day, 7 days a week, 365 days a year.

ii. Identify the type of alert generated.

iii. Contact the participant to discuss the alert.

iv. If the Participant is unavailable, contact the Participant’s designated points-of-contact.

v. If the Participant has been assigned an electronic monitoring device, assess the events to determine if the device appears to still be affixed to the participant or attempt to locate the device and retrieve as necessary during standard working hours (C and G site).

vi. Document all actions and responses in chronological order.

vii. Notify Task Manager/ERO and corresponding AMO, via email, as soon as the event has been verified and notify if contact was made with the participant. Notification via email shall have a standardized subject line including: Site Code, Site Type, last three numbers of alien number, alert description, city and state of participant’s listed address. e.g. “PHO

S 371 Strap Tamper Monroe North Carolina.”

viii. Court case tracking through EOIR, PACER, BIA, etc. shall be checked at each office visit and at least once a month if the participant is receiving Court Tracking Services.

c. Residence Verification - The residence verification (RV) is a separate and distinct service that is selected and cannot be performed in conjunction with a Home Visit. It is intended to verify the existence of a verifiable residence indicated by the participant at the time of enrollment. The RV will serve as a baseline to gather data about the residence which can be corroborated and even expanded upon or changed at each Home Visit. This service can only be performed for those participants that reside within 75 miles of an ISAP C- and G- site.

Service shall be performed within 48 hours of the completion of an orientation and enrollment.

Service shall also be performed within 48 hours of the participant reporting and submitting reasonable proof that a change of address occurred.

All actions performed are the same services performed under “Home Visits” (see “Home Visit” section below).

Should the residence verification fail because the participant is not present, the contractor shall make telephonic contact immediately to locate the Participant and determine why he or she is not at the required location. If on GPS form of technology, data points of the participant’s current location should be checked and documented.

d. Office Visits – When a participant is subscribed to office visit service (frequency determined by ERO) the

Contractor shall:

i. Verify status of removal proceedings.

ii. Verify next court action based upon supervision stage through Public Access to Court

Electronic Records (PACER), the Board of Immigration Appeals (BIA), EOIR court line or other systems as applicable.

iii. Verify Participant contacts and residence information. Verify that

Participant/Family/Friends Contact Numbers are accurate. If a participant’s personal contact is found to be (or at one point was) an ISAP participant, the alien number should be listed with notation, “Also a participant”. Further, a link should be created in the contractor case management system to link those participants.

iv. Update passport/travel document progress and departure plans as applicable and notify

ERO.

v. Make copies of any foreign identity documents, retain in participants file and forward copies to ERO via email, fax, or hand delivery when ERO is at the contractor office.

vi. Ensure participant turns over a valid passport or travel document. The contractor shall, with consent of the participant, receive travel documents for foreign-born minor immediate family members associated with their removal proceedings as requested by

ERO (See Travel documents).

vii. Review participant activity in electronic monitoring software system.

viii. Check electronic monitoring unit, if applicable. Ensure unit is functioning properly by reviewing system events. If evidence of tampering with a device is detected, the contractor shall make live contact with ERO before the completion of the service.

ix. Determine program compliance, address and annotate violations and document the resolution in the contractor case management system.

x. Ask the participant if they have had any contact with local law enforcement since their last office visit and check any available databases.

xi. Make a copy of any legal documentation relating to a court decision (civil or criminal) or any Immigration related documents or receipts beyond what was already copied (see Program Enrollment and Orientation); contractor must make a copy and notify/forward to ERO within one business day via email, fax, or hand delivery (when

ERO is at the contractor office).

xii. Contact ERO if at any time during the office visit the contractor reasonably determines that a participant directly expresses willful non-compliance.

xiii. Review ISP and update as necessary; Request participant’s signature of updated ISP to confirm it was reviewed and agreed upon.

xiv. Confirm next scheduled office visit, home visit, immigration court date, and

ERO appointment (if available).

xv. Review participant stability, (basic life needs) and make appropriate referrals as necessary. Referrals include:

1. Transportation Assistance Programs

2. Substance Abuse Programs

3. Shelters (homeless, women’s shelters etc.)

4. Food and clothing assistance

5. Medical clinics

6. Mental health referrals/suicide prevention

xvi. Scan the Participant’s ID Card

xvii. Document Vehicle License Plates xviii Document Miscellaneous Numbers / IDs

xix. Document Employment Information

xx. Document Clear and visible physical changes to include but not limited to: hair styles, facial hair, scars, marks, tattoos, etc.

xxi. Conduct Court Tracking/ Case Check (as appropriate)

xxii. Call Executive Office of Immigration Review (EOIR) Court Line / Board of

Immigration Appeals (BIA) / Public Access to Court Electronic Records (PACER).

Check for the following:

1. Date of Hearing

2. Type of Hearing

3. Hearing Location

4. Case Status

5. Decision Information

e. Home Visits –Service can only be performed for participants that reside within 75 miles from an

ISAP C- or G- site. Home visits will be scheduled as determined by ERO.

Scheduled home visits are conducted at fixed and constant intervals and begin the day after a resident verification. If no resident verification is selected, the scheduled home visits begin 48 hours after enrollment.

The contractor shall perform the following actions during home visits:

i. Enter the participant’s home. Home visits are required to be conducted inside the participant’s residence. If the participant does not allow the contractor into the residence, the visit should be failed and ERO shall be notified via the End of Day Report.

ii. Scan Participant ID card. Scan of ID card should verify that the Home Visit was conducted at the residence with a device that records the GPS coordinates and nearest address of the scan.

iii. Make visual observations of surroundings; layout of the residence, note things in the home that might be helpful in locating a Participant who stops reporting to the ISAP program.

iv. Look for evidence of possible flight risk, absconding or program violations and verify that the utilities are working.

v. Document information about people residing at the residence to include if others identified are a parent or legal guardian to any children of the participant.

vi. Document any detail relevant for other staff who might visit the residence i.e.: pets, children, fences, entry systems, property details, any portions of the residence that are inaccessible, etc.

vii. Document any Officer safety concerns such as criminal activity associated with the participant, property or neighborhood.

viii. Update and verify current vehicle make, model and license plate number.

ix. Discuss next scheduled visit, court status updates, etc. as needed.

x. If any safety issues arise, abort visit immediately and contact supervisor.

xi. Contact the participant via telephone should the home visit fail because the participant is not present. If the participant is on GPS technology, points of the participants current location shall be checked and documented.

f. Enrollment/Orientations

Enrollment/Orientations for new participants accepted and enrolled in the program will be conducted at a C-site, G-site, T-site, S-site or in the field as per ERO direction on an as needed basis 24 hours a day, 7 days a week, 365 days a year. The contractor is not responsible for enrollment/orientations at

T-site only locations. At no time shall the contractor be required to perform an after-hours or off-site enrollment without ERO presence. If installation of technology is needed in the field, at ERO discretion, a scaled down version of an enrollment would be completed until a full enrollment/orientation can be performed in the office (within 24 hours or the next business day). A scaled down enrollment is limited to the minimum activity required to enroll a participant for alert tracking purposes and initial record creation.

The contractor shall explain technology being installed and office reporting requirements during enrollment/orientation in addition to performing the following actions within 24 hours (or by the end of the next business day) after participant referral from ERO as determined by full or partial orientation requirements (see below):

i. Record all demographic information, including:

1. Criminal History. Criminal History information is primarily provided by ERO;

however, this does not preclude the contractor from gathering information through interviews/contact with the participant,

2. Community ties,

3. Languages spoken,

4. Disability (if any),

5. Country of origin,

6. A-number, and

7. Immigration court status.

ii. Communicate with the participant in a language that they understand.

iii. Complete all appropriate forms, to include:

1. Placement worksheet (provided by ERO),

2. Orders of Release or Orders of Supervision and Immigration charging documents (only copy and maintain existing form with details issued by ERO)

(provided by ERO in English),

3. ATD Enrollment Form (provided by ERO),

4. Program Rules and Orientation Acknowledgement form (provided by Contractor),

5. Consent to Release Information forms (as needed) (provided by Contractor),

6. Participant Agreement Electronic Monitoring form (GPS or telephonic reporting) (provided by Contractor),

7. Participant schedule (provided by Contractor),

8. Assessment form (provided by Contractor),

9. Individual Service Plan (ISP) (provided by Contractor), and

10. Court Appearance Contract form (as needed) (provided by Contractor).

iv. Provide an overview of the program, rules, regulations, procedures, consequences for violation of any of these policies, the immigration court process, an explanation of the

ISP, and a specific description of reporting requirements and progression of changes in the participant’s language.

v. Document Orientation in the contractor system.

vi. Provide participants a Program Orientation/Information handbook describing all rules, services, procedures, requirements, expectations and any other necessary information in their language. The Program Orientation/Information handbook shall be provided by the Contractor. Request participant signature and contractor shall countersign.

vii. Provide participants a current ERO-approved list of pro-bono legal service providers.

viii. Issue participant ID card (to include color photo, full name, date of birth spelled out

[e.g. August 16, 1986], alien number in barcode format). The card must be presented for identification purposes during office and home visits.

ix. Show participants an orientation video presentation about the program. The orientation video shall be developed by the Contractor with Government pre-approval before use. Make videos available for Participants to review if a refresher is needed.

x. Provide participant a list of referrals to community providers as necessary.

xi. As applicable, call EOIR court line to identify court date, time, location and provide information to the participant as necessary.

xii. Install technology and insure that it is in working order.

xiii. Meet with assigned Case Specialist.

xiv. Schedule Know Your Rights. The contractor shall engage and enter an agreement with a private attorney to provide a brief legal presentation on the Immigration court process. This presentation is standardized and approved by ATD Headquarters (only at C sites)

1. Full Enrollment/Orientations occur at C-sites and G-sites, the contractor shall:

i. Communicate with the participant in a language they understand.

ii. Provide participant with the ATD Program Participant Rules (see note below) and seek to obtain written confirmation from the participant that he/she has read, fully understands, and agrees to comply with the rules.

iii. Complete ATD Enrollment form.

iv. Play orientation video for all components of the program including expectations, requirements and other necessary information regarding the program. The orientation video shall be developed by the Contractor with Government pre-approval before use.

v. Create the ISP.

vi. Complete participant’s schedule and contact information

vii. Issue participant ID card (to include but not limited to color photo, full name, date of birth spelled out {i.e. August 16, 1986}, alien number in barcode format).

viii. Configure and Install Technology

ix. Meet with Case Specialist

x. Provide list of free legal services

xi. Develop and conduct Cultural Orientation presentation with preapproval from the COR

(only at C sites)

xii. Schedule Know Your Rights presentation (only at C sites)

2. For Partial Enrollments/Orientation (can be done at co-located T-sites and S-sites) the contractor shall:

i. Communicate with the participant in a language they understand.

ii. Provide participant with the ATD Program Participant Rules (see note below) and seek to obtain written confirmation from the participant that he/she has read, fully understands, and agrees to comply with the program rules.

iii. Create a profile of the participant in the contractor case management system.

iv. Collect at least one point-of-contact/sponsor with a telephone number, and enter it into the case management system

v. Configure and install technology

vi. Ensure that technology is in working order

vii. Assign alert management and court tracking service as directed by ERO

viii. Work with participant to ensure that he/she understands and can work with technology

ix. Give written instructions to participant on how to operate technology

x. Explain reporting requirement to participant and where they are required to report.

NOTE: ATD Program Participant Rules

The CO in conjunction with the COR shall approve the standards for rules and procedures in writing. The rules shall specify prohibited actions and the penalties that may be imposed by ERO on the participant. Penalties include but are not limited to: adjusting case management reporting levels, technology assignments and/or detention. The contractor shall exercise professional judgment and discretion in creating rules. The program should provide participants with adequate counseling to facilitate their compliance. All violations should be documented and reported to the local ERO Task Manager.

g. Case Management

The contractor shall develop, operate and maintain a Case Management process to include the following:

i. Case Management

1. The contractor shall provide a case management system for administering and supervising all aspects of a participant’s involvement in the program. The system shall provide for monitoring and documenting a participant’s compliance from enrollment to termination from the program. The contractor shall be proactive in managing cases and use all appropriate tools and techniques available. This includes use of the PACER system to obtain immediate knowledge when an immigration court decision is issued, as well as making inquiries with courts.

2. The Contractor shall use PACER and any other relevant public systems to ascertain each participant’s status with the EOIR and make the appropriate updates and adjustments in their database for tracking and reporting purposes.

ii. Case Records

1. The contractor shall develop, maintain, and safeguard individual program participant case records electronically at the contractor’s operational location

(i.e. either the contractor’s facility or the government facility to which the contractor is assigned). The contractor shall develop a system of accountability that preserves the confidentiality of case records and protects case records from unauthorized use or disclosure. The contractor shall verify that all official documents accompanying program participants are complete and accurate so that they precisely identify the program participant.

2. Original travel and identity documents (e.g. visas, passports) will be maintained by ICE.

3. The contractor shall include the following in the participant’s Case Record:

i. Name

ii. Alien Registration Number

iii. Language

iv. Disability (if any)

v. ATD Enrollment ID

vi. ATD Service ID

vii. ICE Enforcement Alien Removal Module (EARM) Case ID Number

viii. Country of Citizenship

ix. Date of birth

x. Relevant biographical participant information

xi. Orientation and enrollment forms

xii. Written change requests

xiii. Immigration release paperwork

xiv. Case information from the referral source

xv. Comprehensive assessment

xvi. ISP and case notes

xvii. Progress reports

xviii. Program rules and disciplinary policies

xix. Copies of disciplinary actions

xx. Referrals to other service agencies

xxi. Copies of identification documents; (e.g., driver licenses, identification cards)

xxii. Copies of immigration court paperwork (as applicable)

xxiii. Copies of travel documents

xxiv. Reported Employment Information

xxv. Termination Forms

iii. Time Date Stamp Requirement

1. Any system that the contractor uses for updating participant records including, but not limited to, those listed above in this section shall allow relevant changes or updates be date-stamped, with an automated, system- generated time-stamp.

All previous time-stamps shall be preserved and visible next to each sequential update or change with the most recent update annotated (e.g. by highlighting the most recent time-stamped revision). For example:

i MM/DD/YYYY 12:30PM: Participant came to the office for a scheduled office visit. Equipment was checked and appeared to be tamper free. Unannounced home visit scheduled for MM/DD/YYYY.

ii MOST RECENT UPDATE MM/DD/YYYY 3:10PM: Home visit conducted. Verified Participant’s presence in his home; utilities were working, no apparent signs of participant attempting to abscond or move.

Participant’s next office visit / face to face is set for MM/DD/YYYY at

9:00 am.

6.2 Travel Documents

The contractor shall assist in obtaining a valid travel document/passport from any enrolled participant and shall, with the consent of the participant, assist with obtaining a passport/travel document for any foreign-born minor family members in their care, unless otherwise directed by ERO. Contractor assistance shall be limited to providing the passport application(s) and the appropriate information on how the participant should obtain travel documents. The contractor shall not deal directly with the consulate of any foreign Governments on behalf of the participant or ICE.

Upon receipt of the travel document, the contractor shall:

i. Notify ERO of the receipt of all travel documents the same business day they are received by the contractor.

ii. Maintain an electronic and hard copy log including:

1. Date received

2. Alien Number

3. Name of participant

4. Country of Citizenship

5. Type of document

6. Name of contractor receiving document

7. Date given to ERO

8. ERO Officer initials confirming receipt

9. Travel document number

10. Travel document issuance date

11. Travel document validity dates

All travel documents/passports received by the contractor are to be maintained in a fireproof box with a locking mechanism.