3.7 Legal Services

Question 1

Presentations UC should receive when in ORR custody

Answer 1

1. Know your rights presentations
2. Screenings for potential immigration legal relief from removal, as well as human trafficking concerns.

Question 2

When should the know your rights presentation be given?

Answer 2

The KYR presentation should be given within 7-10 business days of admission to an ORR care provider facility. If someone is released before the presentation is given, care providers should work to provide it as quickly as possible. It will provide UCs legal service information and a legal resource guide. This should include availability of legal assistance, right to be represented by counsel at no expense ot the government, and the right to a removal hearing before an immigration judge, the right to apply for asylum or to request voluntary departure in lieu of deportation, and the bond hearings available in certain situations.

Question 3

ORR funds legal service providers (LSPs) to provide direct immigration legal representation to the following six groups

Answer 3

1. Unrepresented UC who become enrolled in ORR URM programs, provided they have not yet obtained immigration relief or reached 18 years of age.
   2.Child upon their placement in a LTFC facility or in an RTC outside a licensed ORR facility for whom other legal assistance does not satisfy the legal needs of the individual child (and LFSPs shall coordinate with staff to timely identify such children)
2. Children with no identified sponsor unable to be placed in LTFC facilities (and LSPs shall coordinate with staff to timely identify such children)
3. Child in ORR custody who must appear before EOIR, including children seeking voluntary departure, and for whom courtroom assistance odes not satisfy the legal needs of the child
4. Child release to a sponsor residing in the defined service area of the same LSP who provided the child legal services in ORR custody, to promote continuity of legal services and advance ORR’s goal of universal representation
5. Other children, up to funded capacity

Question 4

Can legal service providers funded by ORR go up against ORR?

Answer 4

ORR recognizes attorneys’ ethical obligation to pursue legal remedies for their client, which may include engaging in legal action that is in opposition to ORR. Although the use of ORR funding in pursuit of such action is not permitted, ORR does not engage in retaliatory actions against a legal service provider (LSP) or any other attorney because of advocacy or appearing in an action adverse to ORR. In addition, ORR will not maintain a list of LSPs or other attorneys who have filed actions against ORR for purposes of impeding their ability to provide legal services to UC.