Representation for All Legal Meetings

tuted a series of rules in violation of the respective detention standards in place, as well as other rule changes that, though not in explicit violation of the standards, limited access to counsel to a degree that severely disadvantaged detained women. The rule changes were so numerous that GEO staff frequently remarked to RAICES that they were confused. The following is just a small selection of the many changes that impeded access to counsel during this time.

LIMITATIONS ON GROUP MEETINGS

The ICE Family Residential Standards state “Upon the request of a legal representative or assistant, the facility administrator may permit a confidential meeting (with no staff present) involving the requester and two or more residents. This may be for various purposes: pre-representational, representational, removal-related, etc. The facility should grant such requests to the greatest extent practicable” 44 However, in April, 2019, ICE changed the rule regarding how RAICES meets with groups of detained people. Previously, RAICES could request to meet with multiple groups of up to 25 people at a time, only limited by the number of group meetings that could be scheduled during visitation hours, and multiple RAICES staff could participate in each group meeting. Pre-representational group meetings were the primary way that RAICES was able to meet with a high volume of people, provide general “know your rights” legal information, and screen individuals for their legal needs. The rule change permitted only one group meeting per day to be led by a single staff member. This rule change not only drastically limited how many people RAICES staff could meet within a day, but also impacted staff’s ability to triage legal needs based on urgency. Additionally, it prevented teams of RAICES staff from working together to communicate with individuals who spoke multiple languages. Thus, the group meeting rule change devastated RAICES’ ability to provide timely legal services in a universal representation model, a crucial necessity for a detained population subject to expedited removal.

REQUIREMENT TO PRESENT FORM G-28 NOTICE OF REPRESENTATION FOR ALL LEGAL MEETINGS

The form G-28, Notice of Entry of Appearance as Attorney or Qualified Representative, is a form to identify a noncitizen’s legal representative to the Department of Homeland Security. This form, as its name indicates, is meant for a legal representative who will formally engage in representation before the DHS, not for a legal worker who has not established a formal relationship with a noncitizen, such as someone assisting a noncitizen to represent themselves pro se.

Indeed, both the Family Residential Standards and the PBNDS for adult prisons recognize several instances in which a legal worker may meet with a detained person outside of a formal representational relationship. Specifically, the standards state:

“In visits referred to as ‘legal visitation’ each resident may meet privately with current or prospective legal representatives and their legal assistants.” 45

“Residents subject to Expedited Removal who have been referred to Asylum Officers are entitled by statute and regulation to consult with persons of the resident’s choosing, both prior to the interview, and while the Asylum Staff’s decision is under review.”46

44. Section V, subpoint 10.l, pg. 10 https://www.ice.gov/doclib/dro/family-residential/pdf/rs_visitation.pdf 45. Section V, subpoint 10.a, pg. 6, supra note 46. (Section V, subpoint 11.a, pg. 11)