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Item 28 - Immigration Legal Defense Services
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03/16/2021 Regular
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Item 28 - Immigration Legal Defense Services
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Agenda Packet
Agency
Clerk of the Council
Item #
28
Date
3/16/2021
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EXHIBIT A <br />6 <br /> <br />• Ensuring all data is up-to-date and complete for all cases under a contract <br />Our Directing Attorney will in turn be directly supervised by our Director of Legal Services, Joyce Noche, <br />who oversees a large portion of lmmDef's removal defense programs. Joyce is a resident of Orange <br />County. <br />Resumes Attached. <br />5) How many detained removal defense clients do you anticipate representing with the total public <br />funding described above and Vera’s catalyst funding? Please respond based on client served, rather than <br />case (i.e. if you represent someone on bond and merits, that is one client represented, not two cases). <br />Please describe how your program plans to pace the initiation of representation for this number of clients <br />to manage staff capacity. <br />Based on lmmDef's proposed budget, ImmDef seeks to serve 24 new clients over a two-year contract <br />period in Santa Ana with these funds. If we have additional capacity, we will do more cases, however, we <br />have currently 33 cases still open from the prior contract year and therefore we don’t anticipate being <br />able to do more than 24 additional cases. The 24 cases will include both detained and non-detained <br />depending upon community need. The actual number served will depend on factors beyond our control <br />such as: the number of individuals who have no relief available to them or who seek voluntary departure, <br />the number of individuals whose cases proceed to a trial (merits hearing) while detained versus clients <br />released on bond, and the level of cooperation from EOIR or ICE in assisting with client accessibility and <br />case calendaring. Nevertheless, we expect and understand that many cases will require representation <br />beyond the contract year because of the immigration court backlog for individuals who are released from <br />detention but whose cases are still pending final adj udication. For these clients, ImmDef is committed to <br />continue our representation of them beyond the contract year and until final adjudication. For the 2021- <br />2023 contract we have adjusted our case cost and budget. In accordance with the reimbursement rates <br />with the State of California, detained cases are reimbursed at a rate of $8,000 and non-detained cases at <br />a rate of $7,000 for full-scope representation. We are also taking into account the realities of COVID-19 <br />and its effect on the backlog in immigration court; some cases are extended until 2024. Within our <br />$200,000 budget we have included $20,000 to go towards litigation costs such as mental health and <br />country condition experts which will provide much needed support on our cases and possibly improve the <br />outcomes. <br />6) What is start date for providing immigrant legal representation in your jurisdiction? Please describe <br />your program implementation timeline. Please indicate if you have already hired staff to work under this <br />funding. Indicate if you have already started providing legal services. If you have not hired staff, please <br />indicate your expected timeline to staff up and start accepting clients under this funding. Please describe <br />how your program will collaborate and engage with key community stakeholders to educate the <br />community about the program. <br />Since 2017, ImmDef has been the City’s LSP to provide immigration legal defense to Santa Ana residents, <br />and has been providing such services consistently ever since—with no gap in the provision of services. <br />The start date of the services as prescribed in this new contract will be upon execution of the contract. <br />Since we will be continuing from a previous grant, the staff who are already employed under this program <br />will continue providing legal representation under this contract. We ask that this contract start date be <br />retroactive to begin on Feb 1, 2021 so there is no gap in payment from our previous contract ending on
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