Attachment (3) Program Goals.docx

Attachment (3)

Legal Access Program Goals

1. Legal Orientation Program (for Detained Adults) (LOP)

In 2002, EOIR launched the Legal Orientation Program (LOP) to provide legal orientation services to adults who are in EOIR removal proceedings and in the custody of the Department of Homeland Security (DHS, legacy INS). The purpose of this program is to provide detained adults with information about the immigration court process, their legal options, and their legal obligations. Services are offered in several formats: group orientation presentations providing broad overviews and basic information; individual orientations involving one-on-one meetings (generally following a group orientation); and pro se workshops which are small classes offering specific self-help guidance for adults who will appear in their proceedings pro se. As resources allow, the LOP assists in the referrals of pro bono attorneys to detained adults who are unable to proceed pro se or whose cases may benefit from the assistance of legal representation.

2. Legal Orientation Program for Custodians of Unaccompanied Children (LOPC)

In 2010, EOIR launched the Legal Orientation Program for Custodians of Unaccompanied Children (LOPC) to provide legal orientation presentations to the adult caregivers (custodians) of unaccompanied children in EOIR removal proceedings. The purpose of this program is to inform the children’s custodians of their responsibilities in ensuring the child's appearance at all immigration proceedings, and protecting the child from mistreatment, exploitation, and trafficking, as provided under the Trafficking Victims Protection Reauthorization Act of 2008. The LOPC informs custodians of immigration court processes, and of the forms of relief available to children in removal proceedings. As resources allow, the LOPC assists interested custodians in locating pro bono counsel for the children in their care. EOIR works with the Department of Health and Human Services, Office of Refugee Resettlement, and non-government partners to carry out this program nationally.

3. Immigration Court Helpdesk (ICH)

In 2016, EOIR established the Immigration Court Helpdesk (ICH) to improve the efficiency and effectiveness of immigration court proceedings, particularly in the immigration courts with the largest overall backlog of cases. The purpose of this program is to provide non-detained individuals in immigration court proceedings with information about court processes and their responsibilities and rights under the immigration laws. By providing services in high-volume courts, the ICH aims to increase court efficiency by preparing individuals for the court process and educating individuals about the forms of relief available to them. ICH provides group information sessions, which provide broad overviews of and basic information about the legal process. The ICH also offers individual information sessions involving one-on-one meetings where individuals can ask questions about the immigration laws and about what to expect as they pursue their cases before the immigration court. Services also include self-help workshops, which are small classes during which participants can prepare and practice for the proceedings in which they will appear pro se. As resources allow, the ICH assists in the referrals of pro bono attorneys in cases that may benefit from the assistance of legal representation.

4. Family Group Legal Orientation Program (FGLOP)

In September 2021, EOIR launched the Family Group Legal Orientation Program (FGLOP). The purpose of the FGLOP is to provide legal orientation sessions to family groups with cases scheduled on EOIR’s “Dedicated Dockets” in designated cities. Participants receive information about various agencies’ practices and procedures, and available legal options. Presentations are offered in several formats, including multi-family group sessions, which provides general information about available forms of relief and preparing for a hearing. The FGLOP also offers single-family group orientations limited to a particular family and only those families who do not have legal representation. The FGLOP may also provide supplemental services, including follow-up orientations, self-help workshops for pro se participates, Friend of the Court (FOC) services, and assistance in referring cases to pro bono representatives.

5. National Qualified Representative Program (NQRP)

Since 2013, EOIR has administered the National Qualified Representative Program (NQRP) in response to the Orders issued in Franco-Gonzales v. Holder, CV 10-02211 (Partial Judgment and Permanent Injunction (C.D. Cal. R. April 23, 2013); Order Further Implementing This Court’s Permanent Injunction (C.D. Cal. R. Oct. 29, 2014)). These Orders require EOIR to provide certain safeguards and protections to class members identified as having a serious mental disorder or condition that may render them incompetent to represent themselves in immigration proceedings.

Coinciding with this, in 2013, EOIR’s Office of the Chief Immigration Judge (OCIJ) announced a “Nationwide Policy to Provide Enhanced Procedural Protections to Unrepresented Detained Noncitizens with Serious Mental Disorders or Conditions” (“Nationwide Policy”). Under this Policy, EOIR is committed to identifying detained, unrepresented individuals who may not be mentally competent to represent themselves in immigration proceedings, and who are not Franco class members.

The purpose of the NQRP is to ensure EOIR’s compliance with the above-referenced Franco Orders and to carry out EOIR’s commitment under the Nationwide Policy. Under both, an immigration judge must conduct a judicial competency inquiry (JCI) of certain detained, unrepresented respondents to determine whether they are competent to represent themselves in immigration proceedings. If there is insufficient evidence to determine competency, the immigration judge must order a Forensic Competency Evaluation (FCE) at the conclusion of the JCI to assist in determining competency. A Mental Health Professional (MHP) must conduct the FCE, and comply with applicable reporting requirements. If a finding of incompetency is made, EOIR must arrange for the provision of a Qualified Representative within stated timeframes.

6. Counsel for Children Initiative (CCI)

In August 2021, EOIR piloted a new representation initiative called the Counsel for Children Initiative (CCI). The purpose of the CCI is to increase the effective and efficient adjudication of immigration proceedings involving certain designated children who have crossed the U.S. border without a parent or legal guardian by providing representation to these children in their immigration proceedings. The CCI will also help to identify children who have been victims of human trafficking or abuse and, as appropriate, refer them to support services. CCI representatives will accept cases regardless of the child’s potential eligibility for legal relief (i.e. a universal representation model).