,i #aaith ,,congress #ast ,session ,h4 ,r4 #caja ,,in ,,the ,,house ,,of ,,representatives ,april #cj1 #bjbe,mr4 ,garcia of ,california 7for himself1 ,mrs4 ,torres of ,california1 ,mrs4 ,ramirez1 ,ms4 ,velzquez1 ,mr4 ,frost1 ,mr4 ,espaillat1 ,ms4 ,lee of ,pennsylvania1 ,ms4 ,omar1 ,ms4 ,barragn1 ,mr4 ,goldman of ,new ,york1 and ,ms4 ,salinas7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to authorize the ,attorney ,general to provide grants to ,states1 units of local government1 and organizations to support the recruitment1 training1 and development of staff and infrastructure needed to support the due process rights of individuals facing deportation4 #a4 ,short title ,this ,act may be cited as the ,securing ,help for ,immigrants through ,education and ,legal ,development ,act or the ,,shield ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,service area ,the term service area means the jurisdiction or geographical area in which an entity carries out activities using funds awarded under this ,act4 7#b7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#c7 ,unit of local government ,the term unit of local government has the meaning given such term in section #ija7;a77#c7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea7;a77#c774 7#d7 ,individual facing deportation ,the term individual facing deportation means an individual in a proceeding under section #bab7;d77#e77;,a71 #bce7;b77#a77;,b71 #bcf1 #bch1 #bdj1 or #bda of the ,immigration and ,nationality ,act4 #c4 ,sense of ,congress on access to legal counsel ,it is the sense of ,congress that-- 7#a7 unlike in the criminal legal system1 there is no right to government-funded legal representation for people facing the devastating consequences of detention and deportation who cannot afford a lawyer1 even children are not entitled to an attorney in these complex proceedings2 7#b7 as a result1 most people in removal proceedings1 including an estimated #hj percent of individuals held in immigration detention during deportation cases initiated in the past #bj years1 are unrepresented and are forced to navigate the complexities of immigration law against trained government prosecutors alone2 7#c7 the consequences of detention or deportation are devastating1 and can include the loss of liberty1 the denial of lawful immigration status or ,united ,states citizenship1 loss of livelihood1 separation from and inability to support family1 and life-threatening danger in the country of origin2 7#d7 legal representation has been proven to significantly increase the likelihood of someone being released from detention on bond and establishing a right to remain in the ,united ,states2 7#e7 studies show that detained immigrants with attorneys are #c4e times more likely to be granted bond and people in detention with representation are up to #aj4e times more likely to obtain relief from deportation than those without representation1 controlling for other factors2 7#f7 for nondetained people1 #fj percent of individuals with lawyers win their cases compared to #ag percent of those without a lawyer2 7#g7 the detention and deportation system disproportionately impacts ,black immigrants and reinforces systemic racism1 and ensuring that immigrants have access to a lawyer reduces the harms of the racial inequities in the immigration system2 7#h7 since #bjac1 local and ,state governments have led the charge on providing public funding for deportation defense for their residents facing deportation1 with over #ee local and ,state governments1 including #aj ,states1 funding these programs2 7#i7 the success of local and ,state publicly funded deportation defense programs demonstrate the positive impact that publicly funded universal representation programs have on improving individual outcomes1 keeping families and communities together1 and avoiding the resulting social1 economic1 and public health costs of deportation2 7#aj7 while these local and ,state programs have made a significant impact1 they are insufficient to meet the need for representation and the ,federal ,government must act to address the significant unmet need for legal defense in the ,federal immigration system by passing the ,fairness to ,freedom ,act of #bjbc1 which establishes a universal right to federally funded representation for anyone facing deportation1 regardless of the individual's ability to pay2 7#aa7 the growth of these local and ,state programs and the resulting staffing recruitment challenges have also further highlighted the acute need to develop and grow a legal and social services staffing and infrastructure to address the unmet representational needs for immigrants facing deportation2 7#ab7 infrastructure must be built to maintain a highly skilled and sustainable legal defense workforce equipped with the tools to implement high-quality1 independent legal representation regardless of the individual's ability to pay1 prior contact with the criminal legal system1 or the nature or perceived strength of their legal defense2 and 7#ac7 in its #bjbc ,report ,access to ,justice in ,federal ,administrative ,proceedings1 the ,legal ,aid ,interagency ,roundtable outlines the harms that unrepresented individuals face in ,federal administrative proceedings1 including immigration court1 and their core strategy of increasing representation and assistance by lawyers and nonlawyers for people in administrative proceedings4 #d4 ,immigration legal services staff and infrastructure development program 7a7 ,in general ,the ,attorney ,general1 acting through the ,director of the ,office of ,access to ,justice1 shall award competitive workforce development and capacity building grants to eligible entities that are seeking to expand access to representation for individuals facing deportation by increasing the workforce and strengthening the legal services infrastructure needed to provide such representation4 7b7 ,eligibility criteria ,an entity eligible to receive a grant under this section is a-- 7#a7 ,state or unit of local government that has allocated public funds towards the provision of immigration-related legal services1 including legal representation1 legal assistance1 community navigation1 and related services1 to individuals facing deportation2 7#b7 a community-based organization1 nonprofit organization1 or educational institution that provides or coordinates immigration-related legal services to individuals facing deportation2 or 7#c7 a community-based organization1 nonprofit organization1 or educational institution that recruits1 trains1 or mentors individuals who provide or will provide immigration-related legal services to individuals facing deportation4 7c7 ,application ,an eligible entity seeking a grant under this section shall submit to the ,director of the ,office of ,access to ,justice an application at such time1 in such manner1 and containing such information as the ,director may reasonably require4 7d7 ,use of funds ,funds awarded under this section shall be used to develop a workforce scaled to meet the representation needs of all individuals facing deportation1 grow the immigration-related legal services infrastructure1 and enhance long-term capacity to provide high-quality1 holistic1 and linguistically appropriate legal services1 which may include-- 7#a7 workforce recruitment and training programs1 such as educational1 fellowship1 clinical1 job recruitment1 and job training services aimed at increasing the number of lawyers1 accredited representatives1 social workers1 and community navigators entering the immigration legal services field2 7#b7 technical assistance services1 such as-- 7,a7 substantive and technical skills-based trainings to improve the quality of representation provided to individuals facing deportation2 7,b7 language training to ensure legal staff are equipped to provide linguistically appropriate services2 7,c7 specialized legal support to support representation in complex defense cases1 including representation in ,federal court and ,state court2 and 7,d7 leadership development1 including management training and establishing appropriate supervisory systems2 7#c7 local or regional coordination services to ensure a coordinated and efficient delivery of legal services to individuals facing deportation2 7#d7 retention improvement strategies to ensure sustainable growth of the immigration-related legal services field1 including strategies to address caseload management1 burnout1 and organizational systems2 7#e7 recruiting and retaining legal staff from underrepresented backgrounds and promoting diversity within the legal services field2 7#f7 growing legal services infrastructure and representational capacity in locations with a significant unmet need for legal representation and with significantly less immigration-related legal services capacity in their service area than national averages2 and 7#g7 physical1 administrative1 and technological infrastructure resources in coordination with a use of funds described in paragraphs 7#a7 through 7#f74 7e7 ,contracts and subawards ,a recipient of a grant under this section may1 for purposes authorized under subsection 7d71 use all or a portion of that grant to contract with or make one or more subawards to one or more-- 7#a7 community-based organization1 nonprofit organization1 private organization1 or educational institution2 or 7#b7 units of local government4 7f7 ,conditions ,as a condition of receiving a grant under this section1 an eligible entity shall-- 7#a7 submit to the ,attorney ,general a certification that the proposed uses of grant funds by the entity-- 7,a7 are consistent with this section2 and 7,b7 meet the criteria determined by the ,attorney ,general1 in consultation with the ,director of the ,office of ,access to ,justice2 and 7#b7 not later than #ij days after the end of each fiscal year for which an entity receives grant funds under this section1 submit to the ,director of the ,office of ,access to ,justice a report that describes-- 7,a7 the types of services being provided under the grant2 7,b7 the service area2 7,c7 the number of individuals recruited or retained through services funded under the grant2 7,d7 the impact that staffing recruitment and retention has had on organizational capacity to represent more individuals within the service area2 7,e7 the actual expenditures made in connection with the grant1 including personnel and staffing structure and indirect costs2 7,f7 the outcomes of services2 and 7,g7 a description of the continuing unmet representation needs of individuals facing deportation in the service area and recommendations of supports and resources needed to meet them4 7g7 ,grant term ,the term of a grant under this section shall be #d years1 and such grant may be renewed4 7h7 ,supplement of ,non-,federal ,funds ,any ,federal funds received under this section shall be used to supplement1 not supplant1 ,federal or non-,federal funds that would otherwise be available for activities funded under this section4 #e4 ,authority and duties of the administering agency 7a7 ,duties of the ,director ,the ,director of the ,office of ,access to ,justice may promulgate such rules1 policies1 and procedures as may be necessary and appropriate to carry out the grant program under this ,act1 including the following3 7#a7 ,establishing competitive grantmaking procedures to identify grant recipients4 7#b7 ,targeting grants in a manner that best accomplishes the following objectives and priorities3 7,a7 ,advancing a legal services workforce trained and equipped to implement an independent legal defense for individuals facing deportation that ensures high-quality1 independent legal representation1 regardless of ability to pay1 prior contact with the criminal legal system1 or the nature or perceived strength of their legal defense4 7,b7 ,a national legal services infrastructure scaled to meet the representation needs of all individuals facing deportation4 7,c7 ,long-term growth of organizational or programmatic capacity to provide high-quality1 holistic1 and linguistically appropriate legal services to individuals facing deportation4 7,d7 ,providing support to ,state and local governments that have taken leadership and developed expertise in providing public funding for the legal defense of individuals facing deportation4 7,e7 ,addressing the crisis of lack of representation in parts of the country where such publicly funded programs have not been established4 7b7 ,independent implementation ,except as otherwise provided in this ,act1 the ,attorney ,general1 acting through the ,director1 shall exercise the authority under this ,act in an independent manner in order to advance the primary objective of increasing access to representation for individuals facing deportation1 and without regard to other priorities of the ,federal ,government related to immigration enforcement4 #f4 ,reports and accountability 7a7 ,reports and evaluations ,for each fiscal year1 each grantee under this section during that fiscal year shall submit to the ,attorney ,general a report on the effectiveness of activities carried out using such grant4 ,each report shall include an evaluation in such form and containing such information as the ,attorney ,general may reasonably require4 ,the ,attorney ,general shall specify the dates on which such reports shall be submitted4 7b7 ,accountability ,grants awarded under this ,act shall be subject to the following accountability provisions3 7#a7 ,audit requirement 7,a7 ,definition ,in this paragraph1 the term unresolved audit finding means a finding in the final audit report of the ,inspector ,general of the ,department of ,justice under subparagraph 7,c7 that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within #a year after the date on which #a final audit report is issued4 7,b7 ,audits ,beginning in the first fiscal year beginning after ,december #ac1 #bjaf1 and in each fiscal year thereafter1 the ,inspector ,general of the ,department of ,justice shall conduct audits of grantees under this section to prevent waste1 fraud1 and abuse of funds by grantees4 ,the ,inspector ,general shall determine the appropriate number of grantees to be audited each year4 7,c7 ,final audit report ,the ,inspector ,general of the ,department of ,justice shall submit to the ,attorney ,general a final report on each audit conducted under subparagraph 7,b74 7,d7 ,technical assistance ,a recipient of a grant under this section that is found to have an unresolved audit finding shall be eligible to receive prompt1 individualized technical assistance to resolve the audit finding and to prevent future findings1 for a period not to exceed the following #b fiscal years4 7,e7 ,priority ,in making grants under this section1 the ,attorney ,general shall give priority to applicants that did not have an unresolved audit finding during the #c fiscal years before submitting an application for a grant under this section4 7#b7 ,nonprofit agency requirements 7,a7 ,definition ,for purposes of this paragraph and the grant program under this section1 the term nonprofit agency means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,prohibition ,the ,attorney ,general may not award a grant under this section to a nonprofit agency that holds money in an offshore account for the purpose of avoiding paying the tax described in section #eaa7;a7 of the ,internal ,revenue ,code of #aihf4 7,c7 ,disclosure ,each nonprofit agency that is awarded a grant under this section and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers1 directors1 trustees1 and key employees1 shall disclose to the ,attorney ,general1 in the application for the grant1 the process for determining such compensation1 including the independent persons involved in reviewing and approving such compensation1 the comparability data used1 and contemporaneous substantiation of the deliberation and decision4 ,upon request1 the ,attorney ,general shall make the information disclosed under this subparagraph available for public inspection4 7#c7 ,conference expenditures 7,a7 ,limitation ,not more than #ajj1jjj of the amounts made available to the ,department of ,justice to carry out this section may be used by the ,attorney ,general1 or by any individual or entity awarded a grant under this section to host1 or make any expenditures relating to1 a conference unless the ,deputy ,attorney ,general provides prior written authorization that the funds may be expended to host the conference or make such expenditure4 7,b7 ,written approval ,written approval under subparagraph 7,a7 shall include a written estimate of all costs associated with the conference1 including the cost of all food1 beverages1 audio-visual equipment1 honoraria for speakers1 and entertainment4 7,c7 ,report ,the ,deputy ,attorney ,general shall submit an annual report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives on all conference expenditures approved under this paragraph4 7#d7 ,annual certification ,beginning in the first fiscal year beginning after the date of enactment of this ,act1 the ,attorney ,general shall submit to the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate and the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives an annual certification indicating whether all final audit reports issued by the ,office of the ,inspector ,general under paragraph 7#a7 have been completed and reviewed by the appropriate ,assistant ,attorney ,general or ,director4 #g4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act #ajj1jjj1jjj for each of fiscal years #bjbf through #bjbg4