Pro Bono legal services are “those 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. Organizations and referral services must reapply within a year of the effective date or by November 30, 2016.Attorneys must reapply within 6 months of the effective date or by May 30, 2016.Failure to reapply within the required time period will result in the removal of the provider’s name from the List. Providers placed on the List of Free Legal Services Providers prior to November 30, 2015, the effective date of the amended rule, must reapply to be placed on the List of Pro Bono Legal Service Providers.For a copy of the final rule in the Federal Register, click here. Amendments to the rule include: requiring organizations and attorneys to provide at least 50 hours a year of pro bono legal services at each immigration court where they appear on the list, permitting public comment on pending qualified applicants to be placed on the List and, imposing a recertification of providers every 3 years from the date of approval on the List. The amendments renamed the List as the “List of Pro Bono Legal Service Providers” and significantly revised the requirements for providers to be placed on the List. On Octothe Department amended the regulations governing the former List of Free Legal Services Providers at 8 C.F.R. CHANGES TO THE REGULATIONS GOVERNING LIST OF FREE LEGAL SERVICES The List also contains information on pro bono referral services that refer individuals in immigration court proceedings to pro bono counsel. The List is provided to individuals in immigration proceedings and contains information on non-profit organizations and attorneys who have committed to providing at least 50 hours per year of pro bono legal services before the immigration court location where they appear on the List. The rules for qualifying organizations, pro bono referral services, and attorneys to be placed on the List can be found in the Code of Federal Regulations, 8 C.F.R. The List is central to EOIR’s efforts to improve the amount and quality of representation before its adjudicators, and it is an essential tool to inform individuals in proceedings before EOIR of available pro bono legal services. The Executive Office for Immigration Review (EOIR), Office of Policy, Office of Legal Access Programs (OLAP) administers the List of Pro Bono Legal Service Providers or the “List." The List is published quarterly (January, April, July, and October).
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