Local immigration representation boards

(a) Establishment Not later than 6 months after the establishment of the Board, the Office shall delineate administrative regions throughout the United States and establish a local immigration representation board for each region. (b) Composition of Local Boards (1) In general Subject to subsection (c), each Local Board shall consist of not fewer than 5 members and not greater than 15 members, who shall initially be selected by the Board after consultation with stakeholders in the Local Board’s region, including immigration legal service providers, community-based organizations, and people who are or have been subject to proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101. (2) Attorneys Not fewer than 50 percent of the members of the Local Board selected pursuant to paragraph (1) shall be— (A) licensed attorneys with experience in the practice of removal defense; or (B) employees of community-based organizations providing services to immigrants. (3) Subsequent members After the initial members are selected pursuant to paragraph (1), each Local Board shall select its own members in accordance with bylaws that have been approved by the Office. (c) Qualification of members (1) Experience; commitment Members of a Local Board shall have— (A) significant experience defending cases described in section 292 of the Immigration and Nationality Act, as amended by section 101; and (B) demonstrated a strong commitment to representation in indigent defense matters. (2) Diversity The composition of each Local Boards shall reflect the diversity of the population that counsel appointed pursuant to such section 292 are responsible for representing, including diversity of race, gender identity, sexual orientation, immigration experience, and socioeconomic background. (3) Restrictions A member of a Local Board may not— (A) be an employee of an Immigration Public Defender Organization or Community Defender Organization with a contract to provide representation under such section 292; (B) be a member of an Attorney Panel referred to in section 207(d); (C) be a judicial officer of the United States or of a State, territory, district, possession, or commonwealth of the United States; (D) be employed as a prosecutor, a law enforcement official, or a judicial official, or by a prosecutorial or law enforcement agency; or (E) have held a position described in subparagraph (D) during the 3-year period immediately preceding his or her appointment to the Board. (d) Term of members of a Local Board (1) In general Members of a Local Board shall serve 4-year terms, except that the terms of the initial members shall be staggered so that the term of not more than 50 percent of the members expire during any calendar year. (2) Maximum length of service A person may not serve for more than 9 years on a Local Board. (3) Replacement members A person who is appointed to replace a member who has resigned or was removed shall serve the remainder of the term of such departing person. (e) Compensation of members of a Local Board (1) In general Members of any Local Board shall be paid for their service at the daily rate at which judges of the United States courts of appeals are compensated, but may not be paid for more than 90 days of such service in any calendar year. (2) Travel expenses Members of any Local Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Chair of Local Board Each Local Board shall elect a member of the Local Board to serve as chair for 2 years, which term shall begin on the date of election. Such chair may be reelected to extend such service for an additional 2-year term. (g) Removal of member of Local Board Each Local Board, by a majority vote of the full membership, may remove a member from the Local Board for— (1) malfeasance in office; (2) persistent neglect of, or inability to discharge, Local Board duties; or (3) conduct unbecoming of a member of the Local Board. (h) Quorum of Local Board A majority of the full membership of the Local Board shall constitute a quorum for the purpose of conducting business. (i) Local Board governance Each Local Board shall adopt bylaws governing the operation of the Local Board, which may include provisions authorizing other officers of the Local Board and proxy voting. (j) Dissolution of Local boards The Board, upon a 2/3 vote, may dissolve a Local Board for good cause. Upon dissolution, the Office shall ensure that a new Local Board is established not later than 90 days of dissolution. The new members of the Local Board shall be selected by the majority votes of the Immigration Public Defenders and the Panel Attorney representatives of the district or districts to be served and the Director. (k) Duties of Local Boards (1) Local plans (A) In general Each Local Board— (i) not later than 120 days after the Local Board is established, shall develop and submit to the Office for approval a Local Plan for the provision of representation services for the region served by the Local Board; (ii) shall implement the Local Plan after it has been approved by the Office; (iii) may modify the Local Plan at any time, subject to the approval of the Office; and (iv) shall modify the Local Plan if so directed by the Office. (B) Components; development Each Local Plan developed pursuant to subparagraph (A)— (i) shall provide for the appointment of counsel in a timely manner in accordance with this Act; (ii) shall be developed in consultation with U.S. Citizenship and Immigration Services to ensure that it adequately encompasses proceedings described in section 292 of the Immigration and Nationality Act that are within the jurisdiction of U.S. Citizenship and Immigration Services; (iii) shall consider the existence of any State, county, or locally funded programs providing representation to people in proceedings described in such section 292; (iv) may provide grants or reimbursements to jurisdictions with programs described in clause (iii) that provide representation that furthers the purposes of this Act; (v) shall prioritize such grants or reimbursements for State, county, and locally funded programs that provide representation to people involved in a proceeding described in such section 292 without regard to any past interaction with the immigration or criminal legal systems; (vi) may, in accordance with section 207— (I) establish 1 or more Immigration Public Defender Organizations; and (II) contract with 1 or more Community Defender Organizations; (vii) shall provide for the establishment of a panel of private attorneys to provide representation under such section 292, in accordance with section 207 of this Act; and (viii) shall provide a plan for holding community engagement meetings that are open to the public not less frequently than twice during each fiscal year. (C) Local plans with border-based components (i) In general The Local Plan for each region that is adjacent to the international border between the United States and Mexico border shall provide for representation to all people subject to a proceeding described in section 292 of the Immigration and Nationality Act, as amended by section 101 of this Act. (ii) Identifying counsel The Local Board of each region described in clause (i) may utilize the entities specified in section 207 and Attorney of the Day, attorney fellowship, and other models— (I) to provide limited representation to people in proceedings at the border; and (II) to coordinate case transfers and referrals for legal representation for people who are subsequently released from, or transferred within, the custody of the Department of Homeland Security or the Office of Refugee Resettlement. (2) Appointments to immigration representation advisory board If a Local Plan does not provide for the establishment of an Immigration Public Defender Organization or contracting with a Community Defender Organization in the region, the Local Board shall appoint representatives to the Immigration Representation Advisory Board established under section 210(a). (3) Local administrator Each Local Board shall appoint, subject to the approval of the Office, a Local Administrator and such staff as may be necessary to assist the Local Board in administering the selection and appointment of Panel Attorneys. (4) Immigration public defender If a Local Plan includes the establishment of 1 or more Immigration Public Defender Organizations, the Local Board shall— (A) select 1 or more Immigration Public Defenders, who shall serve in accordance with section 207(b), for the region or a portion of the region that will be served by the Local Board; (B) periodically evaluate the performance of the Immigration Public Defender; and (C) submit the results of the evaluations required under subparagraph (B), as directed by the Office. (5) Duties of local administrator Each Local Administrator shall— (A) review, and certify for payment, all vouchers received from Panel Attorneys to compensate them for— (i) their time spent representing clients appointed to them pursuant to section 292 of the Immigration and Nationality Act, as amended by section 101 of this Act; and (ii) the costs of investigators, experts, interpreters, and other providers of defense services for work performed on behalf of the Panel Attorneys and their clients; (B) authorize reasonable expenditures for transcripts and the services of paralegals and other legal support personnel, to the extent necessary; (C) prepare, at the direction of the Office, an annual budget for the provision of representation services under such section 292, except for representation services provided by an Immigration Public Defender Office; (D) implement procedures established by the Office, permitting a Panel Attorney or other representative appointed under such section 292 to appeal a decision of the Local Administrator concerning compensation or reimbursement; and (E) perform other duties related to the authorization, payment, and budgeting of expenses related to Panel Attorneys, as assigned by the Director. (6) Representation of financially eligible persons The Local Board shall establish procedures for the appointment of counsel for any person who— (A) is subject to a proceeding described in section 292 of the Immigration and Nationality Act, as amended by section 101; and (B) is financially unable to obtain high-quality representation.