The Executive Office for Immigration Review (EOIR) is committed to ensuring that individuals facing immigration proceedings have access to the resources they need to navigate the complex legal system. A vital part of this commitment is the List of Pro Bono Legal Service Providers, often referred to as the “List.” This resource is published quarterly by the EOIR’s Office of Legal Access Programs (OLAP) and serves as a crucial tool for individuals seeking Free Legal Services in immigration court.
This list is more than just a directory; it’s a cornerstone of EOIR’s efforts to enhance both the availability and quality of legal representation within immigration proceedings. It directly connects individuals with non-profit organizations and attorneys dedicated to providing free legal services, also known as pro bono services.
Understanding the Pro Bono Legal Services List
The Pro Bono Legal Service Providers List is designed to be a readily accessible resource for individuals involved in immigration court proceedings. It provides contact information for non-profit organizations and attorneys who have pledged to offer at least 50 hours of free legal services annually at each immigration court location where they are listed. Additionally, the List includes pro bono referral services that can connect individuals with appropriate pro bono counsel.
Changes to Regulations and What They Mean for Free Legal Services
Significant updates to the regulations governing this list were implemented on October 1, 2015. Previously known as the “List of Free Legal Services Providers,” it was renamed to emphasize “Pro Bono Legal Service Providers.” These amendments reinforced the commitment to free legal services by:
- Solidifying the Definition of Pro Bono: 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.” This clearly emphasizes the free nature of these services, excluding any fees except for standard filing or minimal expenses.
- Increased Commitment from Providers: Organizations and attorneys must now commit to a minimum of 50 pro bono hours per year at each immigration court where they wish to be listed. This ensures a consistent availability of free legal services across different locations.
- Enhanced Transparency and Accountability: The updated regulations introduced a public comment period for pending applicants, adding a layer of transparency to the listing process. Furthermore, providers are required to recertify every three years, maintaining the list’s accuracy and ensuring ongoing commitment to providing free legal services.
This regulatory update underlines the EOIR’s dedication to expanding access to free legal services for those who need it most within the immigration system.
Who Offers These Free Legal Services?
The List includes two main categories of providers committed to offering free legal services:
- Non-profit Organizations: These organizations are dedicated to providing a range of legal and support services to underserved communities, often specializing in immigration law. Their inclusion on the list signifies their commitment to allocating resources towards free legal services.
- Attorneys in Private Practice: Individual attorneys who are passionate about immigration law and access to justice also contribute to free legal services by committing their time and expertise on a pro bono basis.
It’s crucial to understand that the List is specifically for connecting individuals with free legal services. It is not intended for organizations or attorneys to solicit clients for paid services.
How to Access Free Legal Services
If you are in immigration proceedings and seeking free legal services, the Pro Bono Legal Service Providers List is your primary resource.
For Individuals Seeking Assistance:
- Consult the List: You can access the List on the EOIR website. It is organized by state and then by immigration court location, making it easy to find providers in your area.
- Contact Providers Directly: Reach out to the organizations or referral services listed for your location. Explain your situation and inquire about their free legal services.
- Understand the Process: Be prepared to provide information about your immigration case and your financial situation to determine eligibility for pro bono services.
For Legal Professionals and Organizations to Join the List:
If you are an attorney, non-profit organization, or pro bono referral service interested in providing free legal services and being included on the List:
- Review Eligibility Requirements: Familiarize yourself with the eligibility criteria outlined in 8 C.F.R. § 1003.61 et seq.
- Apply Online: The EOIR encourages online applications through the Pro Bono Portal.
- Alternative Application Method: If online submission is not feasible, you can download and submit Form EOIR-56.
- Submit Application: Mail paper applications to the address provided by EOIR.
Keeping Information Current and Providing Feedback
For those already on the List and providing free legal services, it is essential to keep your information updated. Contact the Pro Bono List Administrator via email ([email protected]) for any changes. Timely updates ensure the List remains accurate and a reliable source for individuals seeking free legal services.
The EOIR also values public input. There is a public comment period for pending applicants to the List, further ensuring the quality and suitability of listed providers of free legal services.
Important Disclaimer
The EOIR provides and maintains the List as a public service. However, it is crucial to remember that:
- No Endorsement: The EOIR does not endorse any specific organization, referral service, or attorney listed.
- Independent Services: The EOIR is not involved in, nor responsible for, the representation decisions or the quality of service provided by these independent providers of free legal services.
The List is a starting point, and individuals are encouraged to conduct their own due diligence when selecting a legal service provider.
Resources for Further Information
For more in-depth understanding and additional resources related to free legal services and immigration proceedings, refer to the following:
- 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)
- Pro Bono Legal Service Providers if in Immigration Proceedings
- “This notice” about legal advice in Immigration Court