DRAFT_SOO_D0422R0012_1.pdf

Administration for Children and Families (ACF) Office of Refugee Resettlement

Legal Services for Unaccompanied Children

Statement of Objectives

1. PROVIDE LEGAL SERIVES TO UNACCOMPANIED CHILDREN

The purpose of this requirement is to secure a Contractor(s) to provide legal services for Unaccompanied Children (UC) in, and released from, Office of Refugee Resettlement (ORR) care. Section 462(g)(2) of the Homeland Security Act, defines a UC as a child who: (1) has no lawful immigration status in the United-States; (2) has not attained 18 years of age; and (3) 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.

2. SCOPE OF WORK

Under this initiative, the selected contractor(s) will provide legal services to UC housed in ORR shelters (including but not limited to state-licensed permanent shelters and temporary influx facilities). Legal services include: 1) conducting Know Your Rights presentations to inform children of their legal rights and what to expect throughout immigration proceedings, 2) conducting legal screenings to identify forms of legal immigration relief available to UC, and 3) providing attorney representation and other legal assistance for UC for the duration of the immigration proceedings (up to the funded capacity). To facilitate service delivery, the Contractor will use Contract-funded, and volunteer pro-bono attorneys and other legal representatives, to serve UC in, and released from, ORR care. The Contractor will establish, maintain, and grow a network of pro-bono attorneys and other legal representatives to provide services to UC under this contract.

ORR seeks legal services for UC in ORR’s network in the following defined sectors:

Sector 1a: West Sector 2: Midwest Sector 3a: East Alaska Alabama Connecticut Hawaii Arkansas Delaware Idaho Colorado Maine Montana Illinois Maryland Nevada Indiana Massachusetts North Dakota Iowa New Hampshire Oregon Kansas New Jersey South Dakota Kentucky New York Washington Louisiana North Carolina Wyoming Michigan Pennsylvania

Utah Minnesota Rhode Island Mississippi South Carolina Missouri Vermont Sector 1b. Southwest Nebraska Virginia Arizona Ohio West Virginia California Oklahoma Washington, DC New Mexico Tennessee Section 3b. Southeast* Texas Wisconsin Florida Georgia

• If applicable, other US territories will be supported under Section 3b.

3. BACKGROUND

ORR’s Unaccompanied Children’s Program (ORR/UCP) within the Administration of Children and Families (ACF), ORR provides temporary shelter care and other child welfare-related services, to UC subject to immigration proceedings, through a network of providers. ORR only accepts UC referred from other Federal entities and houses UC in a network of shelters operated by state-licensed entities and other ORR-funded influx providers. Shelter/residential services begin once ORR admits a UC for placement and primarily ends when ORR releases the UC to a suitable sponsor; the UC turns 18 years of age, or disposition of the UC’s immigration case resulting in the UC’s removal, including voluntary departure, from the United States.

On March 1, 2003, Section 462 of the Homeland Security Act of 2002, 6 U.S.C. §279, transferred the functions under U.S. immigration laws regarding the care and placement of unaccompanied alien children from the Commissioner of the Immigration and Naturalization Service to the Director of the Office of Refugee Resettlement. ORR has responsibility for the care and custody of UC who are in federal custody due to their immigration status. ORR is also responsible for the safe and timely release of UC to appropriate sponsors. In making release decisions, the Homeland Security Act directs ORR to consider 1) the likelihood of a UC’s appearance before all hearings or proceedings; 2) protections from traffickers and other seeking to harm UC; and 3) settings that reduce the possibility of a UC endangering themselves or others. The Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008, 8 U.S.C. §1232, further requires a determination that a proposed sponsor is capable of safeguarding a UC’s physical and mental well-being.

Further, the TVPRA 2008 as codified at 8 USC §1232(c)(5) requires, “[T]he Secretary of Health and Human Services shall ensure, to the greatest extent practicable and consistent with section 292 of the Immigration and Nationality Act (8 U.S.C. 1362), that all unaccompanied alien children who are or have been in the custody of the Secretary or the Secretary of Homeland Security, and who are not described in subsection (a)(2)(A), have counsel to represent them in legal proceedings or matters and protect them from mistreatment, exploitation, and trafficking. To the greatest extent practicable, the Secretary of

Health and Human Services shall make every effort to utilize the services of pro bono counsel who agree to provide representation to such children without charge.”

Many UC have faced traumatic situations in their home countries, such as dire poverty, violence, gang recruitment, human trafficking, domestic violence, abuse, or neglect. Some UC also very young, have little or no formal education, and are primarily non-English speaking.

Therefore, the Contractor(s) must ensure all services provided hereunder are attuned the varied and individual needs of the UC including being developmentally appropriate, culturally competent, and trauma-informed.

4. PERIOD OF PERFORMANCE

An anticipated five (5) year period of performance with a 12-month base period and four (4), 12-month option periods. Option periods are subject to availability of funds and the Government may exercise options unilaterally.

5. STATEMENT OF OBJECTIVES

The Contractor(s) will provide legal services and other assistance to UC in, and released from ORR care, in the regions defined by ORR. The Contractor must use developmentally appropriate and culturally competent techniques and methods to assist UC navigate the complex immigration system to the extent practicable. All services under the Contract must meet the following three objectives:

OBJECTIVE I: CONDUCT KNOW YOUR RIGHTS PRESENTATIONS

OBJECTIVE II: CONDCUT LEGAL SCREENINGS

OBJECTIVE III: PROVIDE DIRECT REPRESENTATION AND OTHER LEGAL ASSISTANCE

OBJECTIVE IV: PROVIDE DATA TRACKING AND REPORTING

Note: The contractor must adhere to ORR policy and procedures, applicable state licensing requirements, and local, state and Federal (including ORR) public health COVID-19 guidance.

Where such adherence conflicts with statutorily required or ethics governing attorneys, the contractor must identify the conflict and provide a plan to support ORR efforts safeguarding the welfare of UC.

6. RECOMMENDATIONS FOR SUCCESS

As the population supported under this contract is foreign born, the Contractor(s) must have access to a large pool of bilingual candidates and have ready and ongoing access to language/interpretive services and other innovate communication methods to engage and serve UC. The Contractor shall deploy in-person and remote services using various assistive devices such as online tools, smart-phone based applications, native-language based resource tools, and other rapport building methods. Partnerships with local, regional, and national legal https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2 and social service organizations including universities, educational institutions, and alumni associations is highly encouraged. ORR recommends the use of teaming agreements to ensure the proposed solution is successful and can accommodate the geographic scope of this endeavor. Possessing corporate capabilities serving unaccompanied children and/or similarly situated at-risk, minor and/or migrant populations is critical to the success of this effort. The successful Contractor(s) will draw on existing volunteer, pro-bono legal services networks and develop an effective recruitment and retention strategy designed to grow and expand the network of volunteer and pro-bono representatives without direct-ORR funding to service UC housed in ORR’s network of care providers and those released from ORR custody.

7. PROPOSED SOLUTION

ORR expects the Contractor(s) to develop a Performance Work Statement (PWS) that aligns with existing ORR policy and procedures but that improves service delivery in a variety of ways.

The Contractor shall detail all factors considered in establishing its proposed solution to include how they will achieve each of the three ORR objectives identified earlier in this document.

Factors the Contractor(s) should consider include: locations where ORR shelters operate, locations where sponsors reside, locations of Unaccompanied Refugee Minors (URM) Programs, HHS and ORR regional offices/staff assignments, proximity to large pools of highly-qualified, trained legal representatives including attorneys and paralegals, availability of bilingual candidates, access to technological solutions needed to facilitate communication with UC and program staff, availability/access to an educated workforce with requisite legal education and experience.

Upon award, the contractor shall have a staffing pool, and network of volunteers necessary to meet ORR’s current census including shelter locations and shall scale services up or down in relation to ORR’s census and direction of the COR. The Contractor(s) shall deploy a full array of services in regions throughout the contiguous US.

8. SPECIFIC OBJECTIVES AND EXPECTED OUTCOMES

Attorneys and their representatives shall provide legal services to UC in the above-identified sectors in accordance with ORR Policy and this contract. Attorneys and their representatives will facilitate the comprehensive and efficient delivery of specific legal services, as well as assuring the continuity of services to UC in, and released from, ORR custody and as codified in 8 USC §1232(c)(5) and ORR policy. Attorneys will collaborate with ORR and direct care provider staff where necessary to enhance services provided to UC. In developing the Performance Work Statement (PWS) and overall program design, the Contractor(s) will consider the following objectives and expected outcomes.

https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2 https://www.hhs.gov/about/agencies/regional-offices/index.html

OBJECTIVE I: CONDUCT KNOW YOUR RIGHTS PRESENTATIONS

• In accordance with ORR policy, provide Know Your Rights (KYR) presentations to UC within ten (10) business days of admission to an ORR shelter, upon transfers to a new ORR facility, and again every six (6) months for UC who remain in ORR care at this time interval.

• Deploy developmentally appropriate, culturally competent, and trauma-informed techniques and methods to explain immigration proceedings to UC including a detailed overview of the UC’s legal rights and obligations related to U.S. immigration proceedings including obligations post release from ORR care.

Expected Outcome: The Contractor(s) shall provide KYR presentations to UC in a group setting. The Contractor shall coordinate with the ORR care provider to determine the group size and duration of each KYR and include the respective program’s educational infrastructure, the UC’s level of literacy, and linguistic ability, as well as chronological age. KYR presentations shall be coordinated with ORR shelter staff and may not disrupt shelter operations.

Expected Outcome: Develop audiovisual tools (i.e. recorded videos, online content, etc.) to convey information about immigration proceedings to UC when in-person KYR’s are not possible due to logistical issues. All Contractor-led activities align with ORR release policies.

Expected Outcome: All KYR presentations shall at a minimum, include all ORR-mandated information and orient to the developmental stage of the intended audience. KYR presentation shall focus on disseminating information about the United States’ immigration court system with a neutral message, include an overview of various forms of immigration relief, UC’s obligations to attend immigration hearings, and discuss case disposition possibilities including but not limited to voluntary departure, compliance with removal orders, and granting of legal relief. ORR shall approve all content of all KYR presentations including the method and templates used to fulfill contract tasks. For compliance and oversight purposes, the Contractor shall report the date(s) KYR presentation was conducted for each UC.

https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.2

All functional aspects of sponsor services delivery are fully executed, monitored, and evaluated by the Contractor to allow for process improvement.

Expected Outcome: The Contractor shall develop a contract management plan to address fluctuations in capacity to include rapid expansion and contraction of services to accommodate fluctuations in ORR’s census and to address potential influxes.

Expected Outcome: The Contractor(s) shall provide additional KYR’s at the direction of

ORR.

Expected Outcome: The Contractor’s staffing model is flexible and able to accommodate periods of influx when larger numbers of UC are in ORR care. Generally, contract funding for staff line items will be limited to eight (8) hour days (40 hours a week). The Contractor shall coordinate with individual ORR shelters regarding times on-site so as not to disrupt operations.

Note: The history of the ORR program shows that UC referral levels can fluctuate considerably depending on the time of the year and are generally unpredictable. The Contractor must provide scalable and responsive services to ORR including during emergencies and during influxes, etc. The Contractor shall include the plan for providing these services in the Contract Management Plan.

OBJECTIVE II: CONDUCT LEGAL SCREENINGS

• ORR-funded and volunteer, pro bono attorneys and other legal representatives conduct confidential legal consultations designed to screen each UC in (and released from) ORR care for immigration related legal remedies in accordance with ORR Policy and this contract. This document refers to these legal consultations as legal screenings. Attorneys and their representatives will facilitate the comprehensive and efficient delivery of specific legal services, as well as assuring the continuity of services to UC in (and released from) ORR care as codified in 8 USC §1232(c)(5) and ORR policy.

Expected Outcome: Contractor(s) conducts legal screenings for UC in (and released from) ORR care to determine possible forms of legal relief in relation to the UC’s individual immigration case as well as other case disposition options such as but not limited to voluntary departure. Contractor(s) attorney or other legal representative provides UC with recommendations for action based on a thorough assessment of the UC’s individual case, forms of relief available, and in accordance with the UC’s stated desires.

Contractor(s) shall conduct legal screenings for all UC in and released from ORR care and again for all UC remaining in care every six (6) months thereafter.

Expected Outcome: The Contractor(s) shall perform legal screening following an individual UC’s initial placement in ORR care and following subsequent transfers within ORR’s network of providers, and again for all UC remaining in care after six (6) months.

Contractor(s) shall report the dates of all legal screenings to ORR.

Expected Outcome: The Contractor shall collaborate with assigned child advocates and ORR care providers where possible, to ensure UC receive appropriate and necessary services. Assigned attorneys and other legal representatives are encouraged to collaborate with child advocates in cases involving tender age UC (0-12), pregnant/parenting teens, developmentally delayed UC, category four (4), and cases with other vulnerabilities.

Expected Outcome: Contractor(s)’s attorney or other legal representative shall collaborate with the UC, assigned child advocate including any guardian ad litem, the UC’s parent/legal guardian, and other relevant experts to make a recommendation for action. Attorneys and other legal representatives funded under this contract are to represent the express wishes of UC in accordance with ethical standards governing the attorney-client relationship. This representation includes matters related to voluntary departure, irrespective of determinations made by persons other than their client.

Expected Outcome: For the purposes of placement in long term foster care, Contractor(s)’s attorney or other legal representative shall provide a recommended list of states where ORR programs are present that would best serve the UC’s potential immigration case for UC without viable sponsorship options or where the UC is expected to remain in ORR custody for four or more months.

Note: Under the FFP portion of this contract, unless otherwise directed/approved by the COR, contract funding for legal screenings shall generally be limited to approximately ten

(10) hours per case, per individual unrepresented UC every six (6) months. Hours shall account for time spent actively interviewing and building rapport with UC, any preparation associated with identifying legal immigration relief, and after-action documentation. These figures are intended as a guideline only and will be determined by the funding level authorized for this line of effort.

OBJECTIVE III: PROVIDE DIRECT REPRESENTATION AND OTHER LEGAL ASSISTANCE

• The Contractor will provide immigration case-related preparation, courtroom assistance, and direct representation for UC in, and released, from ORR care.

Contractor(s)-provided attorney or other legal representatives will appear in person (or via VTC) with each UC scheduled to attend court while in ORR care.

This assistance may include serving as a friend of the court or providing direct representation on behalf of UC in accordance with ORR Policy.

• While ORR strives to provide direct representation for all UC referred to its care, Federal funding limits the number and breadth of children that can receive contract-funded direct representation. Therefore, ORR will prioritize contract-funded representation services for UC who meet certain conditions (see below).

Expected Outcome: After entry into ORR care, the Contractor(s) shall provide UC with assistance related to the UC’s lack of lawful immigration status.

This includes areas falling under the jurisdiction of immigration judges as defined in Chapter 1, Section 1.5 of the Immigration Court Practice Manual, and in other areas where the UC may seek adjustment of status allowing them to obtain temporary or permanent lawful status in the United States. Covered activities include adjustment of status based in U.S. law such as obtaining Special Immigrant Juvenile Status (SIJS), visas intended for victims of serious crimes such as human trafficking (e.g. T and U visas), VAWA and DACA petitions, activities related to acting as a material witness, any and all immigration-related forms of asylum, family-based petitions, and appeals to the Board of Immigration Appeals. This also includes representing all UC who are served by ORR’s Unaccompanied Refugee Minors (URM) program including after they obtain immigration relief.

Expected Outcome: Contractor(s) shall identify, train, and deploy a network of volunteer, pro bono attorneys and other legal representatives to service UC. This network shall support UC in, and released from, ORR. Additionally, the Contractor(s) shall establish a referral mechanism for UC released from ORR care who may later experience human trafficking or other victimization related to the individual’s UC or immigrant status. The Contractor shall provide regular and ongoing updates to ORR regarding the overall health, size, and scope of the volunteer, pro bono legal services network to include detailed information on the number of volunteers supporting UC cases (summaries by case type are acceptable).

Additionally, the contractor(s) shall provide ORR with regular and ongoing reports on the number of UC who access the pro bono network within 30 days of release from ORR.

Expected Outcome: Contractor(s) serves the maximum number of UC possible given funding limitations and in accordance with ORR directives.

Contractor(s) uses innovative means and cost saving methods to ensure equitable distribution of contract funding to the universe of eligible UC so that each child receives professional and robust representational services to the maximum extent possible but so as not to disadvantage other UC. Contractor shall provide regular and ongoing reports to ORR detailing the costs expended for direct representation to include actual costs spent per child/case and average outlays per categories/types of cases. These reports shall also detail the Contractor(s) cost sharing activities. These reports can provide anonymized meta information rather than identifying each case specifically.

Expected Outcome: Given ongoing funding constraints, Contractor(s) will not depend solely on Federal funding in the provision of legal services to UC and will use a variety of funding mechanisms and other resources to serve UC. Contractor(s) shall prioritize the use of contract-funded direct representation of UC who are currently in ORR care.

Further, the Contractor(s) shall consider ORR requests and recommendations regarding the prioritization of certain case types for contract-funded direct representation to emphasize particularly vulnerable UC (i.e. UC under the age of 13, human trafficking cases, victims of serious crimes, cases requiring a home study or those referred for post release services, etc.). The Contractor shall prepare a sustainability plan for each case that emphasizes the availability of assistance through disposition of the immigration case. Priority will be given to Contractor(s) who propose a solution with mixed funding sources and that do not depend solely on Federal resources. Note: Generally, the total Federal portion of cost for direct representation for an individual case shall not exceed $8,500. Attorneys and other legal representatives funded under this contract are to represent the express wishes of UC in accordance with ethical standards governing the attorney-client relationship.

Expected Outcome: Contractor(s) shall maximize the use of volunteer, pro bono attorneys and other legal representatives wherever possible.

Eligibility for direct representation is limited to UC who are currently in or released from ORR custody so long as representational services are initiated prior to the UC’s 18th birthday.

Expected Outcome: Direct representation of the UC shall occur in person at the identified immigration court and/or via the platform of Video Technology Communication (VTC) as determined and coordinated for the ORR program.

Expected Outcome: The Contractor(s) shall ensure continuity of direct representation upon release of the UC from ORR care, in the jurisdiction where the UC will reside with the approved sponsor, despite the origin where direct representation was initiated while in ORR care. The Contractor(s) shall work with ORR to identify ORR shelter locations and high-release locations for planning purposes.

Expected Outcome: The Contractor shall ensure the entry of all attorneys of record secured via the signing of G-28s and relevant ORR forms to allow ease of identification of those LSPs providing direct representation to UC.

Expected Outcome: The Contractor shall participate in monthly conference calls with ORR/COR to discuss estimated funded capacity, capacity changes, and/or the onboarding of new capacity prior to the opening of care provider program. The Contractor shall develop a transition plan and coordinate with the existing legal services providers to manage UC cases currently in process to ensure continuity of services. The Contractor shall provide a transition out plan NLT

(120) calendar days prior to expiration of the contract for ORR/COR approval. The Contractor shall identify how it will coordinate with the incoming contractor and/or government personnel to transfer knowledge.

Note: The Contractor shall not use funding under this contract for representation of UC in matters unrelated to specific services identified under this contract, unless expressly waived by ORR in advance. Further, the Contractor shall not use funding under this contract to sue the United States in any matter. The Contractor may represent UC or other clients in matters not identified under this contract. These restrictions are not all inclusive and the Contractor shall seek guidance as it relates to the use of funding from the COR/CO prior to the execution of tasks.

Data Collection, Analysis, and Reporting

Expected Outcome: The Contractor shall conduct ongoing data collection, trends analysis, and report data to ORR under a mutually agreeable schedule, to track program performance and improve service delivery. The Contractor(s) shall report data to ORR as required under the terms of the Contract.

Expected Outcomes: The Contractor shall regularly develop recommendations for ORR to improve overall service delivery, reduce costs, and increase efficiency including recommendations to speed case processing/legal representation without a diminution of legal services [and with the goal of case outcomes in the best interest of the UC].

Expected Outcomes: In consultation with the COR, the Contractor shall gather data regarding issues that impact their ability to conduct legal services duties as outlined in the contract and in accordance with ORR policies and procedures. The Contractor shall share trends that impact ability to make timely identification of viable forms of legal relief and recommend corresponding solutions to ORR.

Expected Outcomes: The Contractor shall collaborate with ORR to develop and implement an ORR-approved Quality Assurance Plan that tracks contract performance across all supported sectors.

Expected Outcome: The Contractor shall coordinate with other Federal agencies and other ORR partners to provide ORR with aggregate including but not limited to the following data points:

1) Date(s) met with UC for KYR and LS including barriers and constraints,

2) Types of immigration relief pursued,

3) Case outcomes,

4) Timeframe to securing legal representation,

5) Timeframe for case completion (including all outcomes),

6) Differences in processing/case completion times based on funding mechanism (ORR-contract funding, pro bono assistance, private or other government entity sponsored support, and mixed funding sources).

7) Location and breadth of available legal services regionally/locally (based on ORR shelter location and sponsor/release address) and its impact on securing timely legal representation/assistance

8) Quantitative and qualitative measurement of viable forms of legal relief identified within the sectors;

9) Length of time to secure legal representation (Pro Bono, or direct representation) for children in HHS custody and upon release from HHS custody

10) Total number of cases processed by LSPs;

11) Number of children screened for legal relief;

12) Number of children provided legal assistance in immigration court while in HHS custody;

13) Number of legal screenings completed, along with the rescreening of UC in ORR custody over six (6) months;

14) Number of post discharge UC direct representation cases, along with the quantitative and qualitative measurement of pro bono representation and other sources of funding usage;

15) Quantitative and qualitative measurements capturing capacity building efforts, recruitment, and the training of attorneys, to include pro bono attorneys;

16) Average length of time to provide KYRs and LSs to UC;

17) Average length of time dedicated to UC direct representation cases (retainer and subsequent funds);

18) Average length of time dedicated to post discharge UC direct representation cases (retainer and subsequent funds);

19) Quantitative and qualitative measurement of satisfaction of UC, care providers, stakeholders, Federal Field Specialists, and ORR headquarters staff of Case Coordination services;

20) Applications for relief, voluntary departure or other immigration court actions taken;

21) Running cost of representation per case basis;

22) Number of cases, including averages and other metrics, for attorneys representing children in HHS custody and out of HHS custody;

23) Number of cases resulting in an order of removal;

24) Average LSP case load; and

25) Number and summary of concerns received regarding Contractor services; analysis of Contractor response.