LASRF RFI SOW Posted 7-14-25.pdf

Executive Office for Immigration Review Public Resources and Communications Division

Legal Access Services for Reunified Families Program Draft Statement of Work

The U.S. Department of Justice, Executive Office for Immigration Review (EOIR), created the Legal Access Services for Reunified Families (LASRF) Program pursuant to the Settlement Agreement in Ms. L., et al. v. U.S. Immigration and Customs Enforcement, et al., 18-cv-00428- DMS-AHG (S.D. Cal. Oct. 16, 2023) (“Settlement Agreement”).

I. DEFINITIONS

a. “Class Members” – Individuals the U.S. Department of Homeland Security (DHS) or a United States Federal Court confirm as a Ms. L. Settlement Class member under the Settlement Agreement.

b. “Qualifying Additional Family Members” – Individuals DHS determines to meet the definition of a Qualifying Additional Family Members under the Settlement Agreement.

c. “Program Participants” – Class Members and Qualifying Additional Family

Members who receive services as part of the LASRF Program.

II. SERVICE LOCATIONS

The Contractor1 must provide the services described in Section III of this SOW from multiple offices regionally located, as well as provide pro bono mentoring nationally, which the Government determines in consultation with the Contractor. The Contractor must arrange suitable space to provide the services described in this SOW at each designated service site. Suitable space may include a private office or other space that is appropriate for private discussions and workshops. The Contractor may provide the services listed in this SOW to Program Participants via telephone, video-conferencing, or other multi-way remote communication from such private spaces.

The Contractor must also provide these services via remote technology to participants who prefer remote services or are unable to receive in-person services at any of the regional offices. These remote services can be provided to Program Participants from private spaces via telephone, video-conferencing, or other multi-way remote communication. If remote services are inappropriate because of language need or disability, the Contractor, with the Program Participant’s consent, may submit a request to EOIR for a transportation stipend to allow the family to receive an in-person legal services court appearance.

1 The services described in this SOW may be provided by one contractor or multiple contractors.

III. SERVICES TO PROVIDE

To perform its obligations under this SOW, the Contractor must:

(1) Provide legal assistance, not including legal representation as defined under 8 C.F.R.

§ 1001.1(m), to unrepresented Program Participants, including:

a. Individualized Consultations and Counseling. The Contractor must provide

Individualized Consultations and Counseling sessions to Program Participants, including legal advice and assistance with document preparation. Individualized Consultations and Counseling sessions may consist of a single Program Participant or a group of Program Participants from the same family group.

For eligible Class Members, Individualized Consultations and Counsel sessions must include legal advice about forms of relief available for which they may be eligible and the steps necessary to apply for such relief. Individualized Consultations and Counseling sessions should help Class Members understand their legal situations under U.S. immigration laws, including any relevant information concerning initial and renewal applications for parole and employment authorization. The Contractor must respond to Class Members about specific concerns and questions regarding matters of immigration law and procedure and provide legal advice based on the person’s immigration circumstances. The Contractor must also provide Individualized Consultations and Counseling sessions to prepare Class Members for EOIR court hearings and interviews before the U.S.

Citizenship and Immigration Services (USCIS).

For eligible Qualifying Additional Family Members, the Contractor must limit Individualized Consultations and Counseling sessions to help with initial and renewal applications for parole and employment authorization applications. The Contractor should also use Individualized Consultations and Counseling sessions to distribute self-help legal materials that the government will create for Program Participants.

(2) Pro Bono Matching and Mentorship. The Contractor will individually screen Program Participants who request a referral to a pro bono legal representative. The Contractor will use those screenings to match Program Participants with interested pro bono representatives. EOIR will provide a list of any representatives who have expressed interest in representing Program Participants. The Contractor may also choose to match cases with pro bono practitioners who are not on EOIR’s list of volunteers. In all circumstances, the Contractor must exercise care to emphasize that pro bono screenings do not guarantee representation.

The Contractor must inform all pro bono legal representatives who agree to represent a Program Participant through the LASRF Program about the self-help resources available to them through EOIR, including an electronic library of pro bono resources and a Model

Hearing Program to support volunteer legal representatives. The Contractor will provide mentorship for volunteer legal representatives who require additional support to effectively represent Program Participants. The Contractor must notify pro bono attorneys who accept a case referral from the LASRF Program about any pro bono psychological evaluations that may be available to Program Participants under the Settlement Agreement.

(3) The Contractor must coordinate with EOIR, DHS, DHS contractors, and other individuals or organizations that the Contractor and COR deem necessary to satisfy performance under this SOW.

(4) The Contractor must accept case referrals from EOIR and use the contact information contained in the referrals to schedule Program Participants for individualized legal services as described in this Section of this SOW. The exchange of this information is limited to the extent permissible under law and subject to rules concerning the distribution of personally identifiable information.

(5) Subject to applicable privacy and confidentiality laws and consistent with any necessary clearances, the Contractor must review available information, such as contact lists, filing deadlines, expiration dates, or other information the Government may provide concerning Program Participants.

IV. INVOICING, DATA COLLECTION, AND REPORTING REQUIREMENTS

If a reporting deadline falls on a weekend or holiday, then the Contractor may submit the report on the next business day.

(1) Status Report. The Contractor must submit a status report to the Government, together with a monthly invoice, on or before the 25th calendar day of the month following the reporting period. The status report must provide the following data points: (i) current invoice month spending; (ii) current approved budget; (iii) prior spending for each invoice period since the beginning of the task order year; and (iv) applicable budget analysis as appropriate to explain invoicing variances. The report must include the labor hours, broken down by labor category upon which the invoice is predicated. The report and invoice must not include personally identifiable information (PII). Receipt by the Contractor of the Subcontractor’s charges must, for purposes of this task order, be deemed an expense incurred by the Contractor, and the Contractor must be entitled to invoice the Government for such expenses. The status report and invoice must not include personally identifiable information (PII).

(2) Monthly Report. The Contractor must submit a monthly report to the Government on or before the 25th calendar day of the month following the reporting period. Each report must be broken down by services provided during the preceding month as well as services provided cumulatively from the beginning of the task order year. The data in the monthly report must distinguish between services for Class Members and Qualifying Additional Family Members and must include:

a. The names and A-numbers of Program Participants receiving services under this

SOW;

b. The number and type of services provided to Program Participants under this SOW;

c. The total number of unique Program Participants served;

d. The unique number of Program Participants receiving each type of service under this SOW cumulatively, as well as at each regional office;

e. The names and A-numbers of Program Participants who received assistance with parole or re-parole applications;

f. The total number of Program Participants who received assistance with initial and renewal employment authorization applications;

g. The names and A numbers of Program Participants who missed a filing deadline before receiving an Individual Consultation or Counseling session. The report must specify the type of deadline (including parole, re-parole, employment authorization, asylum, or a request for evidence) that the Program Participant missed;

h. The total number of outreach attempts made to Program Participants from EOIR referrals, including the date, manner, and result of the outreach;

i. The number of Program Participants whose cases were referred to a pro bono legal representative;

j. The number of pro bono legal representatives receiving mentorship; and

k. Other data the COR deems necessary.

(3) The Contractor must be able to meet DOJ requirements for the security, privacy, and management of DOJ and EOIR information, records, and systems. This includes compliance with DOJ-02 and DOJ-05 of the DOJ Departmental Provisions and Clauses.

(4) Information Release:

a. The Government must have full access to data collected for the performance of the task order, not subject to any privilege or otherwise protected from disclosure under the law, and the Contractor must provide such data to the Government. Information the Contractor collects in the performance of services under this SOW is considered EOIR information and is part of an official EOIR record and can be provided to the Government without consent from the Program Participant including, but not limited to, for furthering efforts toward pro bono placement.

b. For the Contractor to release information and/or documents collected during the performance of services under this task order to third parties, including for purposes of pro bono referral and placement, the Contractor must obtain written consent from each Program Participant.

c. In all instances of information release under this section, written consent must be obtained from each unrepresented adult for themselves and their children individually. A parent or guardian can provide consent for children under 14, and individuals 14 and older can consent for themselves. Individual Program Participant information collected as part of provision of fact-specific legal advice is considered a collection as part of an established attorney-client relationship is not releasable to any third-party without written consent. The Contractor must obtain written consent (e.g., signed Form EOIR-59, or similar document) from the Program Participant to release to a third-party information and/or documents about the Program Participant collected by the Contractor during the performance of services under this SOW. Electronic signatures are permitted for written consent.

The Contractor must maintain consent records according to applicable Government records retention schedules.

d. If the Contractor is unable to obtain consent from the Program Participant or has a reason to release the information without the Program Participant’s signed consent, written authorization from the COR, in consultation with EOIR’s Office of the General Counsel (OGC), must occur before any such release of information. The Contractor must submit a written request for exceptions, detailing the reasons for the exception to the COR. The COR and EOIR’s OGC must approve, deny, or request additional information if needed, within five (5) business days. Such requests must be legally justified to warrant approval, meaning they must be supported by a valid legal reason such as compliance with law, urgent and compelling circumstances, significant public interest, or practical necessity. The Contractor must document the verbal consent and retain records in accordance with DOJ retention requirements. Without the Program Participant’s consent, the Contractor must not release information without prior written authorization from the COR, in consultation with EOIR’s Office of the General Counsel.

(5) Providing legal advice alone to an unrepresented Program Participant does not require the

Contractor or legal service provider to enter an appearance to represent the Program Participant in proceedings before EOIR pursuant to 8 C.F.R. § 1003.17. The Contractor and any of its subcontractors performing services under this SOW will be bound by ethical obligations and privileges when providing legal advice as required by their state bar and EOIR ethics rules

(6) The Contractor must explain to all individuals receiving services under this SOW that they are a Contractor for the Department of Justice (DOJ) and are not the Program Participant’s attorney or representative. For all Individualized Consultation and Counseling sessions, the Contractor must also obtain written acknowledgment from each Program Participant stating, in effect, that they:

a. understand the Contractor is not their attorney or representative in legal proceedings;

b. voluntarily provided their personal information to the Contractor;

c. understand that the program cannot guarantee pro bono representation; and

d. are not represented by an attorney or DOJ Accredited Representative at the time of receiving legal services.

Written acknowledgment can include electronic signatures. Only one written acknowledgement form is required per individual. The Contractor must retain records of written acknowledgement from each unrepresented individual according to applicable records retention schedules. The Contractor will confirm that either written acknowledgment has been secured or a waiver for this requirement has been received from the COR for all services entered in the Contractor database that require written acknowledgement. The Contractor will introduce data entry protocols no later than thirty

(30) calendar days after the beginning of the task order. The COR may grant exceptions to the written acknowledgement requirement on a case-by-case basis. The COR will deny or approve exceptions to the written acknowledgement within three business days. Written acknowledgments are considered an official EOIR record and must be maintained by the Contractor as such, according to DOJ record-keeping requirements.

V. ADDITIONAL RESPONSIBILITIES

In performing the obligations under this SOW, the Contractor must:

(1) Conduct LASRF services in the language most appropriate for the Program Participant. If the Program Participant does not understand the language in which the services are conducted, the Contractor must provide trauma-informed interpretation.

(2) Submit any materials produced under this task order to the COR for approval, prior to distributing them to Program Participants or pro bono legal representatives, unless the material relates to legal strategy.

(3) Report to the COR any problems that arise related to the performance of the specific tasks in this SOW and consult with the COR to resolve such problems.

(4) Coordinate with the COR to conduct site visits to monitor performance and provide feedback regarding program services at each regional office that the COR designates. Such visits will be conducted via remote mechanism absent consultation with and concurrence of the COR. In-person visits will be granted in justified circumstances but will be the exception rather than the typical operation. The Contractor, in collaboration with the Government, must provide to the COR a written memorandum detailing the site visit observations.

(5) Conduct conference calls with any subcontractors providing services under this SOW to discuss program operations and performance, to occur monthly and at any time when either party believes it is necessary. The Contractor must record written notes memorializing the attendees, announcements, main points, and other relevant information shared in the monthly conference calls. The Contractor must provide written notes within 21 calendar days from the call. The Government and the Contractor may consult with each other to determine instances where written updates can substitute monthly conference calls. Ensure that all LASRF service providers, including presenters and consultants, are attorneys, DOJ Accredited Representatives with full accreditation, or other Contractor staff working under the direct supervision of an attorney or DOJ Accredited Representative with full accreditation, with reasonable exceptions to be approved by the COR. Direct supervision means that an attorney or DOJ Accredited Representative with full accreditation is present at the site on the day of services to consult with LASRF staff or, in the event of emergent circumstances preventing on-site presence at the location, is reachable by telephone to consult with LASRF staff prior to the completion of LASRF services on the day the guidance is requested. However, if the Contractor is providing services via remote technology, direct supervision means that an attorney or DOJ Accredited Representative with full accreditation is available to the LASRF staff by phone within five minutes of LASRF staff sending notice of a need for contact.

VI. TERMINATION AND NONCOMPLIANCE

(1) Contract funds are specifically restricted to the services outlined within this SOW and may not be used to provide “representation” within the meaning of 8 C.F.R. §1001.1(m), including practice and preparation as defined in 8 C.F.R. § 1001.1(j) and (k), and as restricted by 8 U.S.C. § 1362.

(2) In the event the Contracting Officer (CO) or COR finds that the Contractor failed to comply with the purpose of the LASRF Program or any provision of this SOW, the Contractor’s representative must be promptly notified in writing of the nature and scope of the deficiency. Upon such notice, the Contractor will have 30 calendar days to respond and/or remedy the deficiency before the CO or COR take any further action related to the noncompliance. Within seven calendar days from the Contractor’s response or attempt to remedy the deficiency, the CO or COR will notify the Contractor as to whether the Contractor remains out of compliance with this SOW.

(3) The Government may cancel this task order or the provision of LASRF services at a particular site covered by this task order for cause or for the Government’s convenience by providing advance written notice to the Contractor.

(4) Services related to this SOW must be performed under this SOW and records of all work performed under this SOW must be maintained separately from any other contract vehicle entered into between the Contractor and the DOJ or between any subcontractor and the DOJ. Such records must be available to EOIR at EOIR’s request and must be maintained according to DOJ record-keeping requirements.

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