Attachment 2a Awardable Task Order 1a - West PWS.docx

POST RELEASE LEGAL SERVICES TASK ORDER

PERFORMANCE WORK STATEMENT (PWS)

Request For Proposal Awardable Task Order 1a

June 18, 2024

Part 1

GENERAL INFORMATION

1. General

Reference PRLS MA-IDIQ PWS.

1.1 Background

Reference PRLS Base MA-IDIQ PWS.

1.2 Scope

The Contractor shall provide immigration and related legal services to unaccompanied children released from ORR care and custody who are not otherwise receiving immigration legal representation. This task order does not cover representation for unaccompanied who are still in ORR care in the Unaccompanied Children Program or in the Unaccompanied Refugee Minor Program.

Legal services include representation before the Executive Office for Immigration Review (EOIR) and assistance completing petitions for affirmative immigration relief to United States Citizenship and Immigration Services (USCIS) and related petitions before state courts, Know Your Rights (KYR) presentations, and self-help workshops. To facilitate service delivery, the Contractor shall use Contract-funded attorneys, pro bono attorneys, and other legal services staff to serve unaccompanied children released from ORR custody. Contractor shall offer representation to unaccompanied children based on a universal representation model, meaning that Contractor shall not deny representation based on the perceived likelihood of success in the unaccompanied children’s legal case.

Unaccompanied children come from all over the world, with the majority from El Salvador, Honduras, Guatemala, and Mexico. Many unaccompanied children have faced traumatic situations in their home countries, such as dire poverty, violence, torture, gang recruitment and exploitation, human trafficking, domestic violence, abuse, and/or neglect. Some unaccompanied children are also very young, have little or no formal education, and are primarily non-English speaking. Therefore, the Contractor must use developmentally and linguistically appropriate and culturally responsive techniques and methods to assist unaccompanied children navigating the complex immigration system. All attorneys and accredited representatives working under the Contract must be trained in immigration law. In addition, all staff working with children (including attorneys and accredited representatives) must be trained in cultural responsiveness, child-friendly and trauma-informed service provision, and on detecting, preventing, and responding to abuse, neglect, and trafficking.

1.3 Objectives

The objective of this task order is to provide immigration legal services to unaccompanied children in the covered region (identified in section 1.6 below) in support of ORR’s mission.

1.4 General Information

1.4.1 Contractor Quality Control Plan (QCP)

Reference PRLRS Base MA-IDIQ PWS.

1.4.2 Government’s Quality Assurance Surveillance Plan (QASP)

Reference PRLRS Base MA-IDIQ PWS.

1.4.3 Recognized Holidays

Reference PRLRS Base MA-IDIQ PWS.

1.5 Contractor Work Plan

The Contractor shall prepare and maintain a Work Plan. The plan, at a minimum, shall identify regularly scheduled work (to include location, work to be completed, timeline, etc.). The Contractor’s proposed Work Plan shall be submitted to the CO via the Task Order COR for review within 30 business days after date of contract award. The Government will review and either accept or return their comments to the Contractor within 10 business days. The Contractor shall then have 3 days to submit a Final Work Plan. Once accepted, any proposed change to the Final Work Plan is required to be submitted via the COR for review and acceptance by the CO at a minimum 30 business days prior to implementation. The timeline noted above shall apply for review and acceptance/rejection for proposed changes.

1.6 Place of Performance

The Contractor shall perform services in Region 1a – West (covered region), which includes the following immigration courts and their covered geographic jurisdictions:

Region 1a - West Immigration Courts

Houston, TX: Greenspoint Park (HGP) Address: Houston - Greenspoint Park 16800 Greenspoint Park Drive, 2nd Floor Houston, TX 77060

Phoenix, AZ: (PHO) Address: Phoenix Immigration Court 250 N. Seventh Ave., Suite 300 Phoenix, AZ 85007

Dallas, TX: (DAL) Address: Dallas Immigration Court 1100 Commerce St.

Room 1060 Dallas, TX 75242

Las Vegas, NV: (LVG) Address: Las Vegas Immigration Court 110 North City Parkway Suite 400 Las Vegas, NV 89106

Seattle, WA: (SEA) Address: Seattle Immigration Court 915 2nd Avenue, Suite 613 Seattle, WA 98174

The primary places of performance under this Task Order are the immigration courts listed in this section. In addition to the work performed at the immigration court, work under this task order shall also be performed at the asylum office, state courts, the Contractor’s offices, and other locations, as necessary. Children appearing at Region 1a - West Immigration Courts may reside in the following states: Texas, Arizona, Oklahoma, Nevada, and Washington.

1.6.1 Period of Performance

One year base period, plus four 12-month option periods

1.7 Security Requirements

1.7.1 Baseline Security Requirements Applicability

Reference PRLRS Base MA-IDIQ PW

1.7.2 Safeguarding Information and Information Systems

Reference PRLRS Base MA-IDIQ PWS.

1.7.3 Information Security Categorization

Reference PRLRS Base MA-IDIQ PWS.

1.7.4 Controlled Unclassified Information (CUI)

Reference PRLRS Base MA-IDIQ PWS

1.7.5 Protection of Sensitive Information

Reference PRLRS Base MA-IDIQ PWS

1.7.6 Confidentiality and Nondisclosure of Information

Reference PRLRS Base MA-IDIQ PWS.

1.7.7 Standard for Encryption

Reference PRLRS Base MA-IDIQ PWS

1.7.8 Privacy Threshold Analysis (PTA)/Privacy Impact Assessment (PIA)

Reference PRLRS Base MA-IDIQ PWS

1.8 Training

Reference PRLS Base MA-IDIQ PWS

1.8.1 Mandatory Training for All Contractor Staff

Reference PRLS Base MA-IDIQ PWS.

1.8.2 Role-based Training

Reference PRLS Base MA-IDIQ PWS.

1.8.3 Training Records

Reference PRLS Base MA-IDIQ PWS.

1.8.4 Rules of Behavior

Reference PRLS Base MA-IDIQ PWS.

1.8.5 Incident Response

Reference PRLS Base MA-IDIQ PWS.

1.8.6 Position Sensitivity Designations

Contractors must ensure background investigations are completed according with ORR’s minimum standards, as described in PRLRS Base MA-IDIQ PWS Section 1.11.1.

1.8.7 Homeland Security Presidential Directive (HSPD)-12

Reference PRLRS Base MA-IDIQ PWS.

1.8.8 Security Requirements for Government-Owned/Contractor-Operated (GOCO) and Contractor-Owned/Contractor-Operated (COCO)Resources

Reference PRLRS Base MA-IDIQ PWS.

1.8.8.1 Federal Policies

Reference PRLRS Base MA-IDIQ PWS.

1.8.9 Servers, Desktops, Laptops, and Other Computing Devices Required for Use by the Contractor

Reference PRLRS Base MA-IDIQ PWS.

1.9 Records Management Obligations

Reference PRLRS Base MA-IDIQ PWS.

1.9.1 Applicability

Reference PRLRS Base MA-IDIQ PWS.

1.9.2 Requirements

Reference PRLRS Base MA-IDIQ PWS.

1.9.3 Disposition

Reference PRLRS Base MA-IDIQ PWS.

1.9.4 Maintenance of Records

Reference PRLRS Base MA-IDIQ PWS.

1.9.5 Alienation or Unauthorized Destruction of Records

Reference PRLRS Base MA-IDIQ PWS.

1.9.6 Notification of Inadvertent or Unauthorized Disclosure of Information

Reference PRLRS Base MA-IDIQ PWS.

1.9.7 Consent to Engage in Contractual Relationship with Disclosure of Information

Reference PRLRS Base MA-IDIQ PWS.

1.9.8 Post Award Conference

Reference PRLRS Base MA-IDIQ PWS.

1.10 Contracting Officer’s Representative (COR)

The COR for this task order is: To Be Determined (TBD).

1.11 Key Personnel

The following positions are identified as Key Personnel under this requirement.

Project Director Manages legal services project to ensure work products and deliverables meet ORR requirements. Supervises senior staff. Maintains current knowledge of all relevant laws, policies, and procedures related to this work. Acts as Point of Contact and liaison for government (to the COR) and other stakeholders on programmatic questions regarding referring cases for representation. Works with senior staff to identify risks and opportunities related to implementation of the required task order work.

Required Skills: Minimum Education: Juris Doctor (J.D.) degree and licensed to practice law, at least eight years of experience in their field, which must include a minimum of three years of experience in programmatic and/or budgetary management and three years of experience in postgraduate direct service delivery work with youth and trauma-informed care.

Administrative Director Responsible for overseeing referrals and coordination on legal services. Ensures that eligible unaccompanied children are offered legal representation and that there is no duplication of effort.

Required Skills: Minimum: Master’s degree or equivalent years of experience. Must have at least five years of experience in program oversight.

Project Coordinator Oversees direct implementation of project deliverables. Maintains current knowledge of all relevant laws, policies, and procedures related to this work. Monitors cases and ensures that all tasks are completed, and deadlines met. Works collaboratively with the team to assist in identifying training needs for legal service providers and informing training and technical assistance development and implementation.

Required Skills:

Minimum Education: Juris Doctor (J.D.) degree and license to practice law, at least five years of experience in their field, which must include a minimum of two years of experience in programmatic and/or budgetary management and three years of experience in postgraduate direct service delivery work with youth and trauma-informed care.

Management and Evaluation Associate Oversees program quality efforts to ensure fidelity to project goals. Works collaboratively across the project team with a focus on continuous quality improvement and accurate reporting. Provides reports to senior leadership on risks and provides guidance on how to ensure improvement. Conducts site visits to monitor service delivery.

Required Skills:

Master’s degree. At least five years of experience in monitoring and evaluation and/or continuous quality improvement and reporting.

1.11.1 Background Investigations

Reference PRLRS Base MA-IDIQ PWS.

1.12 Identification of Contractor Employees

Reference PRLRS Base MA-IDIQ PWS.

1.13 Contractor Travel

Reference PRLRS Base MA-IDIQ PWS.

1.13.1 Local Travel

Local area travel is defined as within a 50-mile radius of the primary place(s) of performance. The Contractor shall provide in-person legal services at the Region 1a - West Immigration Courts (see Section 1.6 Place of Performance for the full list of covered immigration courts). Travel to and from the Region 1a - West Immigration Courts and locations within 50 miles of each court is considered local travel under this contract and is not separately reimbursed as a travel expense. Travel within the local area or place of performance to attend meetings, conferences, seminars or perform work shall be considered a cost of doing business and shall not be separately reimbursed as a travel expense.

1.13.2 Non-Local Travel

The Contractor may be required to travel greater than 50 miles during performance of this task order. The Contractor may be authorized travel expenses at rates no higher than the substantive provisions of the Federal Travel Regulation (FTR). The Contractor shall submit a Travel plan for review and approval for travel farther than 50 miles. Travel plan must be submitted to the COR on a quarterly basis, at least 30 days before the quarter begins.

1.14 Other Direct Costs (ODCs)

This task order authorizes ODCs. All ODCs shall be detailed in the Contractor’s Task Order Price Proposal, Attachment 6 “Minimum Guarantee Task Order 1 Pricing Sheet, to allow enough Cost or Pricing data (or Other Than Cost or Pricing Data) detail for the Contracting Officer to review, evaluate, and determine the price as a fair and reasonable.

1.15 Data Rights

Reference PRLRS Base MA-IDIQ PWS.

PART 2

DEFINITIONS & ACRONYMS

Definitions & Acronyms

PART 3

GOVERNMENT FURNISHED PROPERTY (GFP) AND SERVICES

1. Government Property and Services

No Government Furnished Property and Services are anticipated under this Task Order.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

1. Contractor Furnished Property and Services

PART 5

SPECIFIC TASKS COVERED WITHIN THIS TASK ORDER

1. Task Order-Level Services:

Management, Operational, and Professional Support Services (Reference PRLRS Base MA-IDIQ PWS Section 5.1.1)

The Contractor shall provide immigration legal services. The Contractor shall provide in-person legal services at the juvenile dockets[footnoteRef:2] at the Region 1a - West Immigration Courts (see Section 1.6 Place of Performance for the full list of covered immigration courts). Legal services provided at (or in the vicinity of) juvenile dockets shall include direct representation, KYR presentations and self-help workshops. In addition, the Contractor shall provide representation before the asylum office, the Board of Immigration Appeals and in other petitions for immigration status or benefits to USCIS, as relevant to each individual case. The Contractor shall also provide representation in related petitions before state court. [2: EOIR has a specialized juvenile docket at each immigration court with an established caseload of children’s cases. For more information, please see DM 24-01, “Children’s Cases in Immigration Court,” Dec. 21, 2023, (Attachment A).]

Direct representation shall be provided by attorneys in good standing with the bar and licensed to practice in the jurisdiction/court in which they are representing the child (for example, immigration court, state court, or before USCIS). Contractor shall ensure attorneys comply with the legal ethics rules of the state (or, if practicing in Washington, D.C., the district) in which they are practicing. Representation before the Board of Immigration Appeals (BIA), the immigration court and/or Department of Homeland Security (DHS) may also be provided by accredited representatives, as defined by the Department of Justice. If providing representation before the Executive Office for Immigration Review (EOIR), the Contractor is required to comply with the rules of the court, specifically, the EOIR Immigration Court Practice Manual. If providing representation before the Board of Immigration Appeals, the Contractor is required to comply with the rules of the board, specifically the BIA Practice Manual.

5.1. Conduct needs assessment of immigration legal services needs for unaccompanied children.

Contractor shall conduct a needs assessment to determine the existing immigration services available to eligible unaccompanied children and identify gaps in service provision within the geographic jurisdiction of the Region 1a - West Immigration Courts (see Section 1.6 Place of Performance for the full list of covered immigration courts).

The needs assessment shall address the following questions:

Needs assessment shall identify all other nonprofit organizations, states, and local government providing legal services to the target population. The needs assessment shall inform the provision of services under the PRLS initiative to ensure that the effort is not duplicative of other sources for legal services for this target population.

The Contractor shall submit the needs assessment within 90 days of award and must receive approval from the appointed COR. The needs assessment must be updated on a biannual basis (every two years), if option periods are exercised.

2. Tasks

0. Provide immigration legal services to unaccompanied children released from ORR in immigration proceedings and related petitions for immigration relief The Contractor shall provide direct representation to unaccompanied children released from ORR custody. The Contractor shall provide representation before EOIR, before the Board of Immigration Appeals, and before United States Citizenship and Immigration Services (USCIS), in immigration applications or petitions. This includes areas falling under the jurisdiction of immigration judges, as defined in the Immigration Court Practice Manual, Chapter 1, Section 1.4 Jurisdiction and Authority (Attachment B), and in other areas where the unaccompanied child may seek adjustment of status allowing them to obtain temporary or permanent lawful status in the United States. Required services include adjustment of status based in U.S. law such as obtaining Special Immigrant Juvenile Status (SIJS), T and U nonimmigrant statuses (T and U Visa), self-petitions under Violence Against Women Act (VAWA), deferred action, relief based on activities related to acting as a material witness, and other immigration-related forms of asylum and family-based petitions for which unaccompanied children may be eligible, as well as any appeals of immigration decisions to the BIA.

The Contractor shall prioritize offering direct representation to unaccompanied children in removal proceedings (meaning children who have an immigration hearing scheduled with EOIR), appearing on juvenile dockets. Contractor shall also accept referrals for legal representation from ORR-funded programs, such as Post-Release Service providers, and other stakeholders.

For each case of direct representation, Contractor staff and represented unaccompanied child (or their Sponsor, if the child lacks capacity) shall sign a Form EOIR – 28 Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Attachment C) or ORR Notice of Attorney Representation (Form L-3) (NAR) (Attachment D) (or similar, as determined by ORR) and a retainer letter. The Contractor shall submit an electronic version of the E-28 and/or NAR to ORR (or similar form provided by ORR) to confirm representation within 30 days of initiating representation. Contractor shall retain copies of the E-28 and/or NAR and retainer letter in their files, to be available to ORR for random verification.

Provide Know Your Rights (KYR) presentations to unaccompanied children The Contractor shall provide KYR presentations to eligible unaccompanied children in removal proceedings. KYR presentations shall include information about the availability of free legal assistance and explain that children may be represented by counsel at no expense to the government. In addition, the KYR presentations shall notify unaccompanied children of their legal rights and responsibilities in the immigration system, including protections under child labor laws, and of services to which they are entitled, including educational services. The presentations shall be delivered in the language of the unaccompanied children and in an age-appropriate manner.

Contractor staff shall provide KYR presentations in coordination with the juvenile dockets at the Region 1a - West Immigration Courts (see Section 1.6 Place of Performance for the full list of covered immigration courts). KYR presentations shall be held at the immigration court or, if not possible, in the vicinity of the immigration court. KYR presentations shall be provided at each location on a weekly basis.

Provide self-help workshops to unaccompanied children The Contractor shall provide self-help workshops to eligible unaccompanied children in removal proceedings, and for whom the Contractor does not have capacity to offer direct representation. Workshops shall provide information on the immigration system, including explanations on how to complete applications for affirmative asylum, Special Immigrant Juvenile Status, and work authorization. The presentation shall be delivered in the language of the unaccompanied child and in an age-appropriate manner.

Contractor staff shall provide self-help workshops in coordination with the juvenile dockets at the Region 1a - West Immigration Courts (see Section 1.6 Place of Performance for the full list of covered immigration courts). Self-help workshops shall be held at, or in the vicinity of, the immigration court or in other locations accessible for the population served. At least one self-help workshop shall be provided in the geographic jurisdiction of each immigration court located in Region 1a - West on a monthly basis.

Provide legal assistance to unaccompanied children in applications for work authorization The Contractor shall provide direct representation and assistance to eligible unaccompanied children in applications for employment authorization.

Provide legal assistance to unaccompanied children in applications for custody, guardianship, or equivalent petitions before state courts.

The Contractor shall provide direct representation and assistance to unaccompanied children released from ORR in state court in custody, guardianship, or equivalent petitions, if necessary for the child’s immigration case, as determined by the legal service provider. The Contractor may also provide direct representation to unaccompanied children in adoption proceedings, if necessary for the child’s immigration case.

Provide reporting to ORR on service provision under this task order.

The Contractor shall track and report the following data. Before representing unaccompanied children, the Contractor shall affirmatively inform the child that the attorney will share the information listed in this section (5.2.6) (distinguishing between anonymized and identified information) and obtain their informed consent or the informed consent of their parent or Sponsor. If the attorney is unable to obtain consent or if the child withdraws their consent, the Contractor shall inform the COR within thirty (30) days of the inability to obtain consent or withdrawal of consent. The information reported shall only be used by ORR to ensure best service delivered under Contract and to provide benefits and supports to unaccompanied children. ORR is not an immigration enforcement agency and will not share information reported with the U.S. Department of Homeland Security, U.S. Department of Justice, or similar governmental entity for immigration enforcement purposes.

The Contractor shall propose a reporting template and must receive approval of the reporting template from the appointed COR. Reporting data shall be entered into the approved template within thirty (30) days of case event. Data shall be made available to ORR monthly (as part of the monthly report) or upon request. The Government reserves the right to require that this data be submitted into an ORR data reporting system.

The Contractor shall submit reported data containing the following:

Referrals:

The number of referrals received, and the date received.

The source of the referral (e.g., ORR, ORR-funded provider, community-based provider, etc.), if available. If referral source is an ORR-funded provider, the name of the provider.

Whether the referred case:

· Received intake or not,

· Was placed with an attorney,

· If placed with an attorney, whether the attorney was contract-funded or pro-bono,

· If the referral was not placed with an attorney, the reason.

All data in this section shall be anonymized.

Case Activity (individual):

· Cases initiated and closed during the reporting period, including cases placed with pro bono attorneys.

· Disposition of each case at closing, including whether the child received legal relief (and if so, what type of relief was granted) and explanation of why case was closed (e.g., the child received immigration status; the child received a final order of removal; the child’s immigration removal case has been terminated/dismissed; or the attorney and/or legal services organization’s continued representation on a child’s case presents an ethical conflict, such as a conflict of interest, and the child has not or cannot appropriately consent to continued representation; the child voluntarily chooses to disengage from legal services; or other).

The data in this section shall include the child’s name and Alien Registration Number (also called an “A-number” or “A#.”) All Personal Identifiable Information (PII) must be encrypted in transit (i.e., email, network connections, etc.) and at rest (i.e., servers, storage devices, mobile devices, backup media, etc.).

Case Activity (aggregate):

· Aggregate and anonymized data on the number of court appearances and asylum office interviews, disaggregated by location of the appearance (e.g., the name of the asylum office or immigration court) and type of appearance (e.g., asylum interview or Master Calendar Hearing (MCH)).

· Aggregate and anonymized data on the number of legal filings, disaggregated by type of filing (e.g., I-360, Petition for Amerasian, Widow(er) or Special Immigrant, I-589, Application for Asylum and for Withholding of Removal, etc.).

Other legal services:

· Number of KYRs given, the location of the KYR, and the number of attendees.

· Number of self-help workshops given, the location of the self-help workshop, the number of attendees, and the number of applications prepared.

Oversee and coordinate qualified pro bono representation legal services for eligible unaccompanied children The Contractor shall maximize, to the greatest extent practicable, the use of pro bono immigration legal services under this contract for unaccompanied children released from ORR custody and residing in the geographic jurisdiction of Region 1a - West Immigration Courts, as appropriate to any given service or child. Contractor shall build and maintain a roster of attorney and non-attorney volunteers who can undertake legal services with the Contractor’s mentorship, as required, for any children or cases suitable for pro bono involvement.

The Contractor shall screen and regularly update the screening of each volunteer to ensure they meet appropriate standards for undertaking activities under the contract. Contractor shall assess prospective pro bono attorneys’ skills, experience, availability, and interest in working with children. Contractor shall also confirm with state licensing authorities that any prospective pro bono attorney is licensed to practice law and in good standing with the bar of the relevant U.S. state, district and/or territory and that the attorney is not, and has not been, subject to any disciplinary matters that call into question one’s fitness to represent children in their immigration case.

The Contractor shall submit a pro bono services plan within thirty (30) days of award and must receive approval from the appointed COR.

Organize and coordinate a referral process The Contractor shall develop a process to allow ORR and ORR-funded programs to make referrals for legal services through this initiative for unaccompanied children residing in the geographic jurisdiction of Region 1a - West Immigration Courts. This referral process should also be accessible to unaccompanied children, allowing them to request legal assistance. The Contractor shall maintain and check a centralized email box and/or telephone number to accept referrals for legal services. The Contractor shall also share information on how to request legal assistance on a public facing platform, such as a webpage. The Contractor shall coordinate with ORR and other ORR-funded programs, including legal services, to avoid duplication of efforts. The Government reserves the right to require that the Contractor use an ORR government system for referrals. If the Contractor cannot accept a referral due to capacity, the Contractor shall maintain a waitlist and/or refer the unaccompanied child to another legal service provider.

Organize and coordinate an outreach program to identify eligible unaccompanied children and inform them about the opportunity for legal assistance under this initiative.

The Contractor shall develop and execute an outreach plan focused on identifying unaccompanied children who are eligible for legal representation under this contract and not otherwise receiving covered legal services. The Contractor shall work with ORR, and other government agencies such as EOIR, and community-based groups, as appropriate, such as schools, service providers, religious institutions, etc., to inform eligible unaccompanied children of the opportunity for legal representation under this effort; and to explain to unaccompanied children their legal rights and responsibilities, including their obligation to appear at their immigration hearing and how to update their address with the immigration court, if needed. The Contractor shall provide targeted outreach to individual children, if directed by ORR. The Contractor shall use innovative outreach and communication methods that are tailored toward the population and shall ensure that communication is in the languages spoken by unaccompanied children, written in plain language, and age appropriate. The Contractor outreach shall focus on the geographic areas within the jurisdiction of Region 1a - West Immigration Courts.

The Contractor shall submit an outreach plan within thirty (30) days of award and must receive approval from the appointed COR.

Provide and/or facilitate learning and development trainings and technical assistance on immigration and related issues The Contractor shall provide and/or facilitate learning and development trainings and technical assistance to legal services staff, unaccompanied children and other stakeholders who work with unaccompanied children on immigration and related issues. Learning and development opportunities shall include trainings on immigration law, cultural responsiveness, and child-friendly and trauma-informed service provision, detecting, preventing, and responding to abuse, neglect, and trafficking, labor trafficking prevention, and other subjects relevant to representing unaccompanied children. The Contractor shall also develop tools to explain the immigration process and associated topics to distribute to their network and unaccompanied children, as relevant. Tools may include videos, quick reference guides and written materials.

The Contractor shall submit a training plan within thirty (30) days of award and must receive approval from the appointed COR.

Provide language support The Contractor shall provide translation and interpretation services, to ensure meaningful language access for children served under this contract who are not English-language proficient. The Contractor shall make every effort to recruit staff fluent in Spanish, but when that is not practicable, the contractor shall provide Spanish language training to staff, to support language access for children served.

Recruitment and retention The Contractor shall develop a recruitment and retention program for immigration attorneys and other legal services staff to ensure adequate staffing to perform quality work for children under this contract.

The Contractor shall submit a recruitment and plan within thirty (30) days of award for Contract staff and must receive approval from the appointed COR.

Reporting Monthly Report

The Contractor shall submit a Contractor monthly report on the 15th day of the following month. The format of this report, frequency, and content of the progress reports may be modified at the COR’s discretion. This report shall contain a minimum of three sections:

Section one shall cover funding, invoices, disbursements (invoice payments received by the Contractor), staffing levels, staffing challenges, open Nonconformance Reports (NCRs), and the status of any open concerns that need to be addressed by the Contractor, the Government, or both. These monthly reports must detail past-month and cumulative spending by task and spending projections by task for the remainder of the project.

Section two shall contain a written monthly progress report that summarizes the status of project activities and accomplishments, any potential issues and risks that may cause a delay in performance and the proposed corrective action to be taken, and other qualitative information requested by ORR. The monthly report shall include an updated list of points of contacts at the organization, including contact information for local offices, if applicable.

Section three shall include the completed data reporting template, referenced in 5.2.6.

Semiannual Report

The Contractor shall submit a Contractor semiannual report, every six (6) months on the 15th day of the month. The semiannual report must contain the following:

· Challenges and opportunities to completing requirements under the Contract.

· The total number of direct representation cases initiated and closed in the past six months, distinguishing between cases placed with pro bono attorneys and cases placed with contract-funded attorneys. Report shall be broken out by month.

· The total number of cases worked on during the past six months (including cases carried over from previous reporting periods).

· The total number of juvenile dockets attended, to provide KYR presentations and offer legal assistance to unrepresented unaccompanied children.

· The total number of KYR presentations given and the number of attendees.

· The total number of self-help workshops given, including the number of attendees and the number of applications completed at the workshops.

Annual Report

The Contractor shall submit a Contractor annual report on the 15th day of the final month of each TO period of performance, containing the following:

· Challenges and opportunities to completing requirements under the Contract.

The total number of direct representation cases initiated and closed in the past six months, distinguishing between cases placed with pro bono attorneys and cases placed with contract-funded attorneys. Report shall be broken out by month.

· Aggregate and anonymized data on average case times (from initiation to conclusion under contract) and case outcomes.

· Aggregate and anonymized data on legal relief pursued for represented cases.

· The total number of cases worked on during the past year (including cases carried over from previous reporting periods).

· The total number of juvenile dockets attended, to provide KYRs and offer legal assistance to unrepresented unaccompanied children.

· The total number of KYR presentations given and the number of attendees.

· The total number of self-help workshops given, including the number of attendees at the workshops.

· The average length of an individual case (from the initiation of the case until the case is closed to the Contractor).

· The average number of hours worked on an individual case (from the initiation of the case until the case is closed to the Contractor).

· Analysis and suggestions about best practices and innovations in service delivery to this population, as relevant.

· Other quantitative and qualitative information requested by ORR.

Ad Hoc Report

ORR reserves the right to require additional reports or information pertaining to this Contract. The Contractor shall submit a report or information within five (5) business days after receipt of a request from the CO or COR, unless additional time is otherwise approved by the CO or COR.

2.1 Certifications

For direct representation cases, attorneys representing unaccompanied children must be licensed to practice in the jurisdiction/court in which they are representing the child (for example, immigration court, state court, or before USCIS). Representation before the Board of Immigration Appeals, the immigration court and/or Department of Homeland Security (DHS) may also be provided by accredited representatives,[footnoteRef:3] as defined by the Department of Justice. [3: A fully accredited representative is a practitioner who is not an attorney and is approved by the Assistant Director for Policy or the Assistant Director’s designee to make appearances before the Board, the immigration courts, and/or DHS. A partially accredited representative is a practitioner authorized to appear solely before DHS. An accredited representative must, among other requirements, have the character and fitness to represent respondents and be employed by, or be a volunteer for, a non-profit religious, charitable, social service, or similar organization that has been recognized by the Assistant Director for Policy or the Assistant Director’s designee to represent respondents. 8 C.F.R. §§ 1292.1(a)(4), 1292.11(a), 1292.12(a)-(e). Accreditation of an individual is valid for a period of up to three years, and recognition of an organization is valid for a period of up to six years. 8 C.F.R. §§ 1292.11(f), 1292.12(d). Both may be renewed. 8 C.F.R. § 1292.16.]

2.2 System for Award Management (SAM) Service Contract Report (SCR)

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this Task Order via a secure data collection site. The Contractor is required to completely fill-in all required data fields through the following web address: www.SAM.gov

Reporting inputs will be for the labor executed during the period of performance during each Government Fiscal Year (FY), which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. If contract period of performance ends prior to September 30, the Contractor has thirty (30) calendar days from end date of the contract to complete the SAM SCR requirement.

2.3 Phase In/Phase Out Period

The Contractor may be required to develop a transition-out plan in the event of changes to the Contractor to accommodate any pending immigration relief cases to ensure continuity of services. The transition-out plan shall facilitate the accomplishment of a seamless transition from the incumbent to the incoming Contractor at the expiration of the current TO, if applicable, or shall detail how the contract work will be transitioned to the Government if there is no incoming Contractor. The Contractor shall provide a transition-out plan when requested, but no later than 120 calendar days prior to expiration of the current TO for ORR/COR approval. The Contractor shall have 90 days following the expiration of the current TO to carry out tasks related to invoicing, reporting, and data closeout at no additional cost to the Government. If applicable, the Contractor shall identify in the transition-out plan how it will coordinate with the incoming Contractor and/or government personnel to transfer knowledge regarding the following:

1. Project management processes.

2. Points of contact.

3. Location of technical and project management documentation.

4. Status of ongoing technical initiatives.

5. Appropriate contractor-to-contractor coordination to ensure a seamless transition.

6. Transition of key personnel.

7. Schedules and milestones.

8. Actions required of the Government.

9. Constraints to the resolving pending immigration legal cases.

If there is no incoming Contractor, the Contractor shall identify in the transition-out plan how it will proceed regarding:

1. Close out of project management processes.

2. Points of contact.

3. Location of technical and project management documentation.

4. Status of ongoing technical initiatives.

5. Transition out of key personnel.

6. Schedules and milestones.

7. Actions required of the Government.

8. Constraints to the resolving pending immigration legal cases.

PART 6

APPLICABLE PUBLICATIONS

Applicable Publications (Current Editions)

PART 7

PWS ATTACHMENT, EXHIBIT, AND APPENDIX LIST

3. PWS Attachments, Exhibit, and Appendix List

APPENDICES

PWS 7.5, Appendix AA Deliverables Schedule

PLANS

Final: Within 3 days of receiving the Government’s comments Revisions: A minimum of 30 days prior to implementation TO CO and COR

Final: Within 3 days of receiving the Government’s comments Revisions: A minimum of 30 days prior to the anticipated change and before implementation by the Contractor TO CO and COR

Subsequent: On a quarterly basis, at least 30 days before each quarter begins TO CO and COR

Updates: Biannually

TO COR

Revisions: NLT 120 calendar days prior to each exercised option period of performance expiration date TO CO and COR

REPORTS

OTHER DELIVERABLES

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Attachment A EOIR DM 24-01.pdf

OOD

DM 24-01

Issued: December 21, 2023 Effective: Immediately

CHILDREN’S CASES IN IMMIGRATION COURT

PURPOSE: Provide guidance on children’s cases and juvenile dockets in immigration court.

OWNER: David L. Neal, Director

AUTHORITY: 8 C.F.R. § 1003.0(b)

CANCELLATION: Operating Policies and Procedures Memorandum 17-03, Guidelines for Immigration Court Cases Involving Juveniles, Including Unaccompanied Alien Children

I. Introduction

This Director’s Memorandum (DM) provides guidance to Executive Office for Immigration Review (EOIR) adjudicators and personnel on cases in immigration court where the lead or sole respondent, or a witness, is a child. Cases where the respondent is a child include, but are not limited to, those where the respondent has been designated as an unaccompanied child. EOIR has a specialized juvenile docket at each immigration court with an established caseload of children’s cases.

Children’s cases, whether or not on a juvenile docket, require special consideration. EOIR has provided, and will continue to provide, training to immigration judges on children’s cases. All immigration judges must be prepared to adjudicate children’s cases: they should familiarize themselves with the law and EOIR guidance on children’s cases, as well as with child-friendly courtroom procedures. This DM discusses EOIR’s specialized juvenile dockets and sets out guidelines for all children’s cases. This DM supersedes and rescinds Operating Policies and Procedures Memorandum 17-03, Guidelines for Immigration Court Cases Involving Juveniles, Including Unaccompanied Alien Children.

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II. Terminology

The terms “child” and “juvenile” are defined in various ways by statute and regulation, depending on the context.1 This DM uses “child” and “juvenile” to refer to an individual who is under twenty-one years old. This DM further uses the term “unaccompanied child” to refer to an “unaccompanied alien child” as defined by statute.2

III. Specialized Juvenile Dockets

EOIR has established a specialized juvenile docket at each immigration court with an established caseload of children’s cases. Specialized juvenile dockets consist of cases in which the respondents are under twenty-one years old and are not part of a family unit. Some, but not all, of the respondents on these dockets have been designated by the Department of Homeland Security (DHS) as unaccompanied children. These dockets include both detained cases – that is, those involving child respondents who are in the care of the Department of Health and Human Services (HHS), Office of Refugee Resettlement (ORR) – and non-detained cases. Hearings for cases on these juvenile dockets are scheduled on specified days of the week at specified times, separate and apart from hearings for adults. EOIR has designated specific immigration judges to preside over the juvenile dockets. DHS, Immigration and Customs Enforcement, Office of the Principal Legal Advisor (OPLA) will endeavor to assign points of contact to manage cases on the juvenile dockets, as staffing permits.

In immigration courts without enough children’s cases to warrant a specialized juvenile docket, EOIR will schedule children’s cases separate and apart from adult cases.

IV. General Guidelines

The following guidelines apply to children’s cases before the immigration courts. Where a particular point is specific to cases on the juvenile docket, this DM so indicates. Otherwise, the guidelines apply to all cases, whether or not on the juvenile docket, where a child is the lead or sole respondent.

Representation –

Given the particular vulnerability of child respondents, legal representation is particularly important. Therefore, immigration judges should facilitate pro bono representation in cases involving unrepresented children. Many immigration courts identify child-specific advocates on their lists of pro bono legal service providers.3 Immigration Judges should provide such lists to

1 For example, the Immigration and Nationality Act (Act) defines a “child” in part as “an unmarried person under twenty-one years of age.” Sections 101(b)(1), (c)(1) of the Act. Regulations pertaining to immigration detention define a “juvenile” as a noncitizen “under the age of 18 years.” 8 C.F.R. § 1236.3(a).

2 An “unaccompanied alien child” is: “a child who – (A) has no lawful immigration status in the United States; (B) has not attained 18 years of age; and (C) with respect to whom – (i) there is no parent or legal guardian in the United States; or (ii) no parent or legal guardian in the United States is available to provide care and physical custody.” 6 U.S.C. § 279(g)(2); see also 8 U.S.C. § 1232(g).

3 The lists of pro bono legal service providers are available at https://www.justice.gov/media/1183216/dl?inline=.

the children, their guardians or custodians, or other appropriate adults who can assist in their pursuit of representation.

In addition, immigration judges should be aware that the HHS has the authority to appoint Child Advocates in some cases involving child respondents. Child Advocates are responsible for submitting Best Interest Determinations (BIDs) to the immigration judge. BIDs assess the best interests of the child and are based on a holistic review of the child’s circumstances. While a Child Advocate is not an attorney, a Child Advocate is permitted to speak during immigration court hearings, and the roles of a Child Advocate and an attorney are complementary and sometimes overlap. Detailed information on child advocates is available in DM 23-03, The Role of Child Advocates in Immigration Court.4

Finally, EOIR welcomes and encourages the participation of Friends of the Court in all proceedings involving unrepresented respondents, especially those where the respondent is a child. A Friend of the Court is an individual or organization that participates in immigration court proceedings in order to facilitate the flow of information in the courtroom. Detailed information on Friends of the Court is available in DM 22-06, Friend of the Court.5

Legal Standards –

Legal issues in cases involving child respondents – including but not limited to whether the child is subject to removal or is eligible for immigration relief – are governed by the Act, other applicable statutes, immigration regulations, and caselaw. In addition, the concept of “best interests of the child,” which is a widely recognized term of art that encompasses principles of child development relating to a child’s safety and well-being, is relevant in children’s cases. The concept of “best interests of the child” does not provide a legal basis for findings regarding removability or eligibility for relief in immigration court, but this concept is relevant in that it underlies BIDs prepared by Child Advocates, and immigration judges have a duty to consider BIDs that are submitted to the court. More information is available in DM 23-03, The Role of Child Advocates in Immigration Court.

Relief from Removal –

An immigration judge should always inform a child of any relief from removal for which they may be eligible. In some cases, such relief will include special immigrant juvenile classification or asylum under the provisions of the Wil Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), Pub. L. 110-457.6 Under the TVPRA, United States Citizenship and Immigration Services (USCIS) has initial jurisdiction over an asylum application filed by an unaccompanied child, even if the child is in removal proceedings. See section 208(a)(2)(E) of the Act.