Immigration Legal Services

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1 DEFINITION Immigration Legal Services educate, guide, and assist individuals and families who need: information about immigration laws, requirements, and procedures; immigration benefit eligibility screening; assistance with filing immigration applications; and legal representation. The services provided may relate to a change of legal status, an application for permanent residency, and/or an application for naturalization. Note: Please see ILS Reference List for a list of resources that informed the development of these standards. Table of Evidence Self-Study Evidence - Provide an overview of the different programs being accredited under this section. The overview should describe: a. the program's service philosophy and approach to delivering services; b. eligibility criteria; c. any unique or special services provided to specific populations; and d. major funding streams. - If elements of the service (e.g., assessments) are provided by contract with outside programs or through participation in a formal, coordinated service delivery system, provide a list that identifies the providers and the service components for which they are responsible. Do not include services provided by referral. - Provide any other information you would like the peer review team to know about these programs. - A demographic profile of persons and families served by the programs being reviewed under this service section with percentages representing the following: a. racial and ethnic characteristics; b. gender/gender identity; c. age; d. major religious groups; and e. major language groups - As applicable, a list of groups or classes including, for each group or class: a. the type of activity/group; b. whether the activity/group is short-term or ongoing; c. how often the activity/group is offered; Page 1

2 d. the average number of participants per session of the activity/group, in the last month; and e. the total number of participants in the activity/group, in the last month - A list of any programs that were opened, merged with other programs or services, or closed - A list or description of program outcomes and outputs being measured On-Site Evidence No On-Site Evidence On-Site Activities No On-Site Activities Page 2

3 ILS 1: Service Philosophy The program is guided by a service philosophy that: a. sets forth a logical approach for how program activities and services will meet the needs of service recipients; and b. guides the development and implementation of program activities and services based on the best available evidence of service effectiveness. Interpretation: A program model, logic model or program development/business plan can be a useful tool to help staff think systematically about how the program can make a measurable difference by drawing a clear connection between the service population's needs, available resources, program activities and services, program outputs, and desired outcomes. Rating Indicators 1) All elements or requirements outlined in the standard are evident in practice, as indicated by full implementation of the practices outlined in the Practice standards. 2) Practices are basically sound but there is room for improvement, as noted in the ratings for the Practice standards; e.g., Â - Minor inconsistencies and not yet fully developed practices are noted, however, these do not significantly impact service quality; or - Written service philosophy needs improvement or clarification; or - Procedures need strengthening; or - With few exceptions procedures are understood by staff and are being used; or - Proper documentation is the norm and any issues with individual staff members are being addressed through performance evaluations (HR 6.02) and training (TS 2.03); or - In a few rare instances required consent was not obtained; or - Monitoring procedures need minor clarification; or - With few exceptions the policy on prohibited interventions is understood by staff, or the written policy needs minor clarification. 3) Practice requires significant improvement, as noted in the ratings for the Practice standards. Service quality or program functioning may be compromised; e.g., - The written service philosophy needs significant improvement; or - Procedures and/or case record documentation need significant strengthening; or Page 3

4 - Procedures are not well-understood or used appropriately; or - Documentation is inconsistent or in in some instances is missing and no corrective action has not been initiated; or - Required consent is often not obtained; or - A few personnel who are employing non-traditional or unconventional interventions have not completed training, as required; or - There are gaps in monitoring of interventions, as required; or - Policy on prohibited interventions does not include at least one of the required elements; or - Service philosophy is not clearly related to expressed mission or programs of the organization; or - One of the Fundamental Practice Standards received a rating of 3 or 4. 4) Implementation of the standard is minimal or there is no evidence of implementation at all, as noted in the ratings for the Practice standards; e.g., - There is no written service philosophy; or - There are no written policy or procedures, or procedures are clearly inadequate or not being used; or - Documentation is routinely incomplete and/or missing; or  - Two or more Fundamental Practice Standards received a rating of 3 or 4. Table of Evidence Self-Study Evidence - Include Service Philosophy in the Service Narrative On-Site Evidence No On-Site Evidence On-Site Activities - Interview: a. Program director b. Personnel Page 4

5 ILS 2: Screening and Intake The organization screens applicants promptly and responsively to educate them on what immigration benefits, if any, are available to them and the risks of applying for immigration benefits. Interpretation: The organization's assessment should be adequate to determine the client's immigration needs, whether any relief is available, and whether the organization has the legal expertise to meet the needs of the case. When a client's needs cannot be met by the organization, the client is referred to other appropriate services. Rating Indicators 1) All elements or requirements outlined in the standard are evident in practice, as indicated by full implementation of the practices outlined in the Practice standards. 2) Practices are basically sound but there is room for improvement, as noted in the ratings for the Practice standards; e.g., - Minor inconsistencies and not yet fully developed practices are noted, however, these do not significantly impact service quality; or - Procedures need strengthening; or - With few exceptions procedures are understood by staff and are being used; or - Referrals procedures need strengthening; or - For the most part, established timeframes are met; - Active client participation occurs to a considerable extent. - In a few rare instances urgent needs were not prioritized. 3) Practice requires significant improvement, as noted in the ratings for the Practice standards. Service quality or program functioning may be compromised; e.g., - Procedures and/or case record documentation need significant strengthening; or - Procedures are not well-understood or used appropriately; or - Urgent needs are often not prioritized, or - Services are frequently not initiated in a timely manner; or - Applicants are not receiving referrals, as appropriate; or - A number of client records are missing important information  or - Client participation is inconsistent; or - Screening and intake done by referral source and no documentation and/or summary of required information present in case record; or - One of the Fundamental Practice Standards received a rating of 3 or 4. Page 5

6 4) Implementation of the standard is minimal or there is no evidence of implementation at all, as noted in the ratings for the Practice standards; e.g., - There are no written procedures, or procedures are clearly inadequate or not being used; or - Documentation is routinely incomplete and/or missing; or  - Two or more Fundamental Practice Standards received a rating of 3 or 4. Table of Evidence Self-Study Evidence - Screening and intake procedures - List of community resources - Intake form - Language appropriate documents (translations) - Procedures for working with non-literate populations On-Site Evidence No On-Site Evidence On-Site Activities - Interview: a. Program director b. Relevant personnel c. Persons served - Review case records/redacted case records (FP) ILS 2.01 Prompt, responsive, uniform, and comprehensive intake practices: a. ensure equitable treatment; b. support timely initiation of services, including set-up of a client file; c. provide for placement on a waiting list, if applicable; and d. avoid conflict of interest between potential and existing clients. Interpretation: Organizations that work with survivors of domestic violence or human trafficking may also be involved with perpetrators of the crime. Organizations should demonstrate that they are aware of the potential challenges that can come from serving both populations by having Page 6

7 procedures in place which address conflict of interest as referenced in element d. (FP) ILS 2.02 Workers engage applicants in a non-judgmental explanation of roles and responsibilities resulting in a mutual, written understanding of what is expected of the organization and the individual. Interpretation: The organization uses a client services agreement at the outset of legal services. ILS 2.03 The organization makes every effort to ensure clients fully understand the issues covered and information provided during initial meetings. Interpretation: The organization uses an interpreter when necessary and translates key documents for clients. Organizations that work with non-literate populations should use alternative methods, such as documented verbal agreements, to ensure that individuals understand service delivery. ILS 2.04 Individuals who cannot be served, or cannot be served promptly, are referred or connected to appropriate resources. Interpretation: The organization has knowledge of other community organizations and referral resources and keeps an up-to-date list of these resources. Page 7

8 ILS 3: Immigration Legal Services Individuals requesting immigration assistance receive accurate information, comprehensive guidance, and legal representation before appropriate government agencies. Interpretation: Appropriate government agencies include the Department of Homeland Security (DHS), the Department of State, and the Executive Office for Immigration Review (EOIR). Organizations with Board of Immigration Appeals (BIA) partially accredited representatives on staff provide representation before DHS and the Department of State only, while organizations with BIA fully accredited representatives and licensed immigration attorneys on staff provide representation before DHS, the Department of State, and EOIR. Rating Indicators 1) All elements or requirements outlined in the standard are evident in practice, as indicated by full implementation of the practices outlined in the Practice standards. 2) Practices are basically sound but there is room for improvement, as noted in the ratings for the Practice standards; e.g., - Minor inconsistencies and not yet fully developed practices are noted, however, these do not significantly impact service quality; or - Procedures need strengthening; or - With few exceptions procedures are understood by staff and are being used; or - For the most part, established timeframes are met; or - Proper documentation is the norm and any issues with individual staff members are being addressed through performance evaluations (HR 6.02) and training (TS 2.03); or - Active client participation occurs to a considerable extent. 3) Practice requires significant improvement, as noted in the ratings for the Practice standards. Service quality or program functioning may be compromised; e.g., - Procedures and/or case record documentation need significant strengthening; or - Procedures are not well-understood or used appropriately; or - Timeframes are often missed; or - A number of client records are missing important information  or - Client participation is inconsistent; or - One of the Fundamental Practice Standards received a rating of 3 or 4. Page 8

9 4) Implementation of the standard is minimal or there is no evidence of implementation at all, as noted in the ratings for the Practice standards; e.g., - No written procedures, or procedures are clearly inadequate or not being used; or - Documentation is routinely incomplete and/or missing; or  - Two or more Fundamental Practice Standards received a rating of 3 or 4. Table of Evidence Self-Study Evidence - A description of services - Immigration legal services policies and procedures manual On-Site Evidence - Material/information service recipients receive describing time, costs procedures, and risks - List of collaborating organizations and/or community partners On-Site Activities - Interview: a. Program director b. Relevant personnel c. Persons served - Review case records/redacted case records for complete copy of any application and correspondence with government agencies (FP) ILS 3.01 Service recipients are advised about: a. possibilities for case resolution; b. application process and required documentation; c. costs, if any; and d. risks of disclosure of information, if any. (FP) ILS 3.02 Page 9

10 Services include assistance with, as appropriate: a. necessary legal and financial resources available to pursue immigration benefits; b. preparation and filing of immigration applications for individuals or family members; c. legal representation of individuals before appropriate federal government agencies; d. referrals, when a second opinion is warranted; and e. follow-up and case closure. Interpretation: Communications with private and government bodies will not jeopardize the interests of service recipients, provided the organization has performed due diligence and the client abides by the client services agreement. However, even under these circumstances no guarantees of outcomes or government decisions can be offered. The organization will ensure that a complete copy of any application sent to the government, all government correspondence, and thorough relevant dated and signed case notes are retained in the client's case file, and that a copy of materials prepared for the government will be given to the client. ILS 3.03 The organization engages in community outreach and education on immigration matters. Interpretation: The organization serves as a source of accurate, trusted information about immigration laws, policies, and procedures related to its service population. Educational programs should be accessible and convenient for clients and other members of the community. ILS 3.04 The organization collaborates with government agencies and other service providers to minimize barriers that prevent individuals and families from accessing services. Interpretation: Organizations can improve collaboration by attending regularly scheduled meetings with community partners and maintaining appropriate contact with government agencies. Page 10

11 ILS 4: Immigration Case Management The organization has an effective case management system in place to: a. ensure client case files are organized and handled properly; b. confirm clients receive services as identified in the client services agreement; c. track client case status and deadlines; and d. allow for appropriate follow-up. Interpretation: Immigration case management is separate from case management as it is defined in other COA service sections. Immigration case management is a system by which organizations track the progress and status of individual cases to ensure that services are provided to clients in a consistent, efficient, and systematic fashion. Case management systems are employed at intake and remain active through case closure. All elements of the case management system should be outlined in the organization's case management procedures. Rating Indicators 1) All elements or requirements outlined in the standard are evident in practice, as indicated by full implementation of the practices outlined in the Practice standards. 2) Practices are basically sound but there is room for improvement, as noted in the ratings for the Practice standards; e.g., - Minor inconsistencies and not yet fully developed practices are noted, however, these do not significantly impact service quality; or - Procedures need strengthening; or - With few exceptions procedures are understood by staff and are being used; or - For the most part, established timeframes are met; or - Proper documentation is the norm and any issues with individual staff members are being addressed through performance evaluations (HR 6.02) and training (TS 2.03); or - Active client participation occurs to a considerable extent. 3) Practice requires significant improvement, as noted in the ratings for the Practice standards. Service quality or program functioning may be compromised; e.g., - Procedures and/or case record documentation need significant strengthening; or - Procedures are not well-understood or used appropriately; or Page 11

12 - Timeframes are often missed; or - A number of client records are missing important information  or - Client participation is inconsistent; or - One of the Fundamental Practice Standards received a rating of 3 or 4. 4) Implementation of the standard is minimal or there is no evidence of implementation at all, as noted in the ratings for the Practice standards; e.g., - No written procedures, or procedures are clearly inadequate or not being used; or - Documentation is routinely incomplete and/or missing; or  - Two or more Fundamental Practice Standards received a rating of 3 or 4. Table of Evidence Self-Study Evidence - Case management procedures On-Site Evidence - Completed client services agreement On-Site Activities - Interview: a. Program director b. Relevant personnel c. Persons served - Review case records/redacted case records - Demonstration of case management system Page 12

13 ILS 5: Case Closing Case closing is a planned, orderly process. Rating Indicators 1) All elements or requirements outlined in the standard are evident in practice, as indicated by full implementation of the practices outlined in the Practice standards. 2) Practices are basically sound but there is room for improvement, as noted in the ratings for the Practice standards; e.g.,â - Minor inconsistencies and not yet fully developed practices are noted, however, these do not significantly impact service quality; or - Procedures need strengthening; or - With few exceptions procedures are understood by staff and are being used; or - Proper documentation is the norm and any issues with individual staff members are being addressed through performance evaluations (HR 6.02) and training (TS 2.03); or - In a few instances the organization terminated services inappropriately; or - Active client participation occurs to a considerable extent; or - A formal case closing summary and assessment is not consistently provided to the public authority per the requirements of the standard. 3) Practice requires significant improvement, as noted in the ratings for the Practice standards. Service quality or program functioning may be compromised; e.g., - Procedures and/or case record documentation need significant strengthening; or - Procedures are not well-understood or used appropriately; or - Services are routinely terminated inappropriately; or - A formal case closing summary and assessment is seldom provided to the public authority per the requirements of the standard.; or - A number of client records are missing important information; or - Client participation is inconsistent; or - One of the Fundamental Practice Standards received a rating of 3 or 4. 4) Implementation of the standard is minimal or there is no evidence of implementation at all, as noted in the ratings for the Practice standards; e.g., - No written procedures, or procedures are clearly inadequate or not being Page 13

14 used; or - Documentation is routinely incomplete and/or missing; or  - Two or more Fundamental Practice Standards received a rating of 3 or 4. Table of Evidence Self-Study Evidence - Case closing procedures On-Site Evidence - Case closing letter On-Site Activities - Interview: a. Program director b. Relevant personnel c. Persons served - Review case records/redacted case records ILS 5.01 The case closing process is clearly defined and involves the service recipient. ILS 5.02 All original client documents are returned to the client promptly, unless otherwise required for representation in the matter. Page 14

15 ILS 6: Personnel Personnel and volunteers provide immigration legal services under the supervision of trained professionals. Rating Indicators 1) All elements or requirements outlined in the standard are evident in practice, as indicated by full implementation of the practices outlined in the Practice standards. 2) Practices are basically sound but there is room for improvement, as noted in the ratings for the Practice standards; e.g.,â - With some exceptions, staff (direct service providers, supervisors, and program managers) possess the required qualifications, including: education, experience, training, skills, temperament, etc., but the integrity of the service is not compromised. - Supervisors provide additional support and oversight, as needed, to staff without the listed qualifications. - Most staff who do not meet educational requirements are seeking to obtain them. - With some exceptions staff have received required training, including applicable specialized training. - Training curricula are not fully developed or lack depth. - A few personnel have not yet received required training. - Training documentation is consistently maintained and kept up-to-date with some exceptions. - A substantial number of supervisors meet the requirements of the standard, and the organization provides training and/or consultation to improve competencies. - Supervisors provide structure and support in relation to service outcomes, organizational culture and staff retention. - With a few exceptions caseload sizes are consistently maintained as required by the standards. - Workloads are such that staff can effectively accomplish their assigned tasks and provide quality services, and are adjusted as necessary in accord with established workload procedures. - Procedures need strengthening. - With few exceptions procedures are understood by staff and are being used. - With a few exceptions specialized staff are retained as required and possess the required qualifications. - Specialized services are obtained as required by the standards. Page 15

16 3) Practice requires significant improvement, as noted in the ratings for the Practice standards. Â Service quality or program functioning may be compromised; e.g., - One of the Fundamental Practice Standards received a rating of 3 or 4. - A significant number of staff, e.g., direct service providers, supervisors, and program managers, do not possess the required qualifications, including: education, experience, training, skills, temperament, etc.; and as a result the integrity of the service may be compromised. - Job descriptions typically do not reflect the requirements of the standards, and/or hiring practices do not document efforts to hire staff with required qualifications when vacancies occur. - Supervisors do not typically provide additional support and oversight to staff without the listed qualifications. - A significant number of staff have not received required training, including applicable specialized training. - Training documentation is poorly maintained. - A significant number of supervisors do not meet the requirements of the standard, and the organization makes little effort to provide training and/or consultation to improve competencies. - There are numerous instances where caseload sizes exceed the standards' requirements. - Workloads are excessive and the integrity of the service may be compromised.â - Procedures need significant strengthening; or - Procedures are not well-understood or used appropriately; or - Specialized staff are typically not retained as required and/or many do not possess the required qualifications; or - Specialized services are infrequently obtained as required by the standards. 4) Implementation of the standard is minimal or there is no evidence of implementation at all, as noted in the ratings for the Practice standards; e.g.,?for example: - Two or more Fundamental Practice Standards received a rating of 3 or 4. Table of Evidence Self-Study Evidence Page 16

17 - Program staffing chart that includes lines of supervision - List of program personnel that includes: a. name b. title c. degree held and/or other credentials d. FTE or volunteer e. length of service at the organization f. time in current position - Table of contents of training curricula - Procedures and criteria used for assigning and evaluating workloads On-Site Evidence - Documentation of agency recognition and staff accreditation by Board of Immigration Appeals or evidence of a valid law license - Job descriptions including volunteers, as applicable - Training curricula - Documentation of training - Law library resources/materials On-Site Activities - Interview: a. Supervisors b. Personnel - Review personnel records ILS 6.01 The organization either has a licensed attorney on staff or is recognized by, and employs staff or has volunteers accredited by, the Board of Immigration Appeals (BIA) of the U.S. Department of Justice. Interpretation: The Code of Federal Regulations (CFR) 8 CFR (a) specifies qualifications of organizations to be recognized. The standard is: "A non-profit religious, charitable, social service or similar organization established in the United States and recognized as such by the Board may designate a representative or representatives to practice before the Board. Such organization must establish to the satisfaction of the Board that: (1) It makes only nominal charges and assesses no excessive membership dues for persons given assistance; and (2) It has at its disposal adequate knowledge, information and experience." Section (d) of 8 CFR states that accredited representatives must be "of good moral character." Page 17

18 ILS 6.02 Immigration legal services, including screening, information and other direct services, are provided by personnel who are competent in and/or have received training on: a. immigration law, policies, and procedures; b. legal ethics and client confidentiality; and c. referral mechanisms to help service recipients with immigration issues. Related: TS 1, TS 2 Interpretation: Legal service providers should be aware of and follow the ethics outlined by their State Bar. ILS 6.03 Supervisors provide case management, oversight, and appropriate support to staff. Related: TS 3 Interpretation: If supervisors are not knowledgeable in immigration law, staff have access to technical assistance and quality control through another individual or organization. ILS 6.04 Legal staff members and volunteers: a. have adequate knowledge, information, training, and experience in immigration law; b. meet high standards of ethical and moral conduct; c. have BIA accreditation, unless they are licensed attorneys; d. maintain their BIA accreditation and have access to regular, ongoing training on immigration law; and e. have access to up-to-date immigration law library resources and materials. ILS 6.05 Personnel maintain a manageable workload and assignments are made and reviewed regularly with due consideration for: Page 18

19 a. the qualifications and competencies of direct service personnel and supervisors; b. case complexity; c. case status, and progress toward achievement of desired outcomes; and d. special assessment, service planning, treatment and legal issues involved in caring for vulnerable populations such as children, youth, survivors of domestic violence, and trafficked individuals, as applicable. Page 19

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