Navigating immigration proceedings can be complex, and understanding your legal options is crucial. The Executive Office for Immigration Review (EOIR), through its Office of Legal Access Programs (OLAP), provides a valuable resource: the List of Pro Bono Legal Service Providers. This list is designed to connect individuals in immigration court with Legal Service Lawyers offering free assistance. Published quarterly, this list is an essential tool for anyone seeking pro bono legal support during their immigration process.
This resource aims to enhance both the availability and quality of legal representation within EOIR proceedings. It serves as a vital bridge, informing individuals about the pro bono legal services accessible to them. The criteria for legal organizations, pro bono referral services, and individual attorneys to be included on this list are clearly outlined in the Code of Federal Regulations, specifically 8 C.F.R. § 1003.61 et seq. (80 Fed. Reg. 59503).
The Pro Bono Legal Service Providers list is distributed to individuals involved in immigration proceedings. It contains details of non-profit organizations and attorneys who are dedicated to offering a minimum of 50 hours of pro bono legal services annually. This commitment is specific to each immigration court location where they are listed. Furthermore, the list includes pro bono referral services, which play a crucial role in connecting individuals in immigration court proceedings with pro bono legal counsel.
Key Changes to Regulations for Free Legal Services List
Significant changes were implemented on October 1, 2015, when the Department revised the regulations governing what was previously known as the List of Free Legal Services Providers. These amendments, detailed in 8 C.F.R. § 1003.61 et seq., renamed it to the “List of Pro Bono Legal Service Providers,” and introduced stricter requirements for service providers to qualify for listing.
These regulatory updates include:
- A mandatory commitment from organizations and attorneys to provide at least 50 pro bono service hours each year for every immigration court location where they wish to be listed.
- A provision for public comment on all prospective applicants before they are added to the List.
- A requirement for providers to recertify their eligibility every three years from their initial approval date.
For a comprehensive understanding of these changes, you can review the final rule published in the Federal Register.
What Constitutes “Pro Bono Legal Services”?
Pro Bono legal services are defined as “uncompensated legal services performed for indigent aliens or the public good without any expectation of either direct or indirect remuneration, including referral fees (other than filing fees or photocopying and mailing expenses).” 8 C.F.R. § 1003.61(a)(2). It is important to note that the Pro Bono List is exclusively for facilitating access to free legal help and must not be used by listed organizations or attorneys to solicit clients for paid legal services. The focus is purely on providing assistance to those who cannot afford legal representation.
How to Apply to Become a Pro Bono Legal Service Lawyer on the List
If you are a non-profit organization, a pro bono referral service, or an attorney in private practice and are interested in being included in the List of Pro Bono Legal Service Providers, you need to meet specific eligibility criteria and follow a detailed application process as described in 8 C.F.R. § 1003.61 et seq. (80 Fed. Reg. 59503).
The application process is primarily online through the Pro Bono Portal. While online submission is highly encouraged for efficiency, you can also apply using Form EOIR-56.
For those opting for paper applications, submissions should be mailed to:
Pro Bono List Administrator
Office of Legal Access Programs
Office of Policy
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2500
Falls Church, Virginia 22041
For any additional questions or clarifications regarding the application process, you can contact the Pro Bono List Administrator directly. They are available by phone at 703-756-8020 or via email at [email protected].
Updating Your Information on the Pro Bono List
For current providers already listed, it’s essential to keep your information up to date. To request any changes or updates to your listing details, please send an email to [email protected].
Your email should clearly state the changes you wish to make and include your current contact information for verification. Updates to the List are processed quarterly in January, April, July, and October. To ensure your updates are included in a specific quarter’s list, submit your requests at least four weeks before the end of the quarter.
Providers with applications pending or those currently on the List are required to notify OLAP in writing within 10 business days if there are any changes to their contact information, any alterations to their limitations on providing pro bono legal services, or if they no longer meet the eligibility criteria for the List. See 8 C.F.R. § 1003.66 for detailed regulations on these notifications. Failure to comply with these notification requirements may result in removal from the List, as per 8 C.F.R. § 1003.65.
Public Comment on Pro Bono Legal Service Lawyer Applicants
Transparency and public input are integral to the process. Before each quarterly publication of the List in January, April, July, and October, the names of all qualified applicants are made available for public comment. This allows for community feedback on those seeking to provide pro bono legal services. To participate in the comment process for pending applicants, please click here.
Important Disclaimer Regarding the Pro Bono List
EOIR is required to maintain the List of Pro Bono Legal Service Providers and a roster of Recognized Organizations and Accredited Representatives under 8 C.F.R. § 1003.61 and § 1292.2. It is important to understand that the information presented on both the List and the roster is provided directly to EOIR by the Pro Bono Legal Service Providers and Recognized Organizations themselves.
EOIR does not endorse any of the organizations, referral services, or attorneys listed. Furthermore, EOIR is not involved in, nor responsible for, the representation decisions or the quality of service provided by these listed entities or individuals. The List is purely a resource to facilitate access to legal assistance and does not constitute a recommendation or endorsement by EOIR.
Resources to Help You
For further information and related resources, please see the links below:
- 8 USC 1158: Asylum (house.gov)
- 8 USC 1229: Initiation of removal proceedings (house.gov)
- Federal Register (amended 8 C.F.R § 1003.61 et seq .)
- Form EOIR-56.
- Immigration Courts Listing
- Pro Bono List FAQ
- Sample Good Faith Efforts Declaration
- Overview of the List of Pro Bono Legal Service Providers
- PDF Extraction Instructions (PDF)
For those currently in immigration proceedings and seeking further assistance, click here.
If you are in immigration court, it is highly recommended to read “this notice” before making any decisions based on legal advice.
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