Types of immigration defenders

(a) In general To ensure representation of all eligible persons in proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101, the Local Board may— (1) establish 1 or more Immigration Public Defender Organizations in the region comprising the Local Board's jurisdiction; (2) contract with existing Community Defender Organizations; and (3) establish a Panel Attorney system. (b) Immigration public defender (1) In general An Immigration Public Defender Organization shall consist of 1or more full-time salaried attorneys. Each Immigration Public Defender Organization shall be supervised by an Immigration Public Defender appointed by the Local Board that established the organization, subject to the approval of the Office and without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (2) Removal (A) In general The Immigration Public Defender shall serve at the pleasure of the Local Board, but may be removed by the Director for— (i) malfeasance in office; (ii) persistent neglect or inability to discharge the duties of an Immigration Public Defender; or (iii) conduct unbecoming of a representative of the Office. (B) Nonfactors for justifying removal The efforts and advocacy of an Immigration Public Defender to ensure that the Office carries out its responsibilities under this Act, including ensuring parity of resources, protecting counsel’s duty to provide representation, and ensuring manageable caseloads consistent with that duty, may not serve as a basis for removal or for initiating proceedings for removal against the Immigration Public Defender. (3) Continued service until appointment of successor Upon the expiration of the term of service for which he or she was appointed, an Immigration Public Defender may continue to perform the duties of such office, in accordance with rules established by the Local Board, until the earlier of— (A) the date on which a successor is appointed; or (B) the date that is 1 year after the expiration of such term. (4) Compensation The compensation of each Immigration Public Defender shall be fixed by the Local Board at a rate that is comparable to— (A) the rate of compensation received by the Principal Legal Advisor of U.S. Immigration and Customs Enforcement who is practicing in the nearest court where representation is furnished; or (B) if more than 1 court is involved, the rate of compensation that is paid to the higher paid Principal Legal Advisor in such courts. (5) Additional personnel (A) Appointments The Immigration Public Defender may appoint, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, full-time attorneys in such number as may be approved by the Office and other personnel in such number as may be approved. (B) Compensation Compensation paid to the attorneys and other personnel approved by the Office pursuant to subparagraph (A) shall be fixed by the Immigration Public Defender at a rate that is comparable to— (i) the rate of compensation that is paid to attorneys and other personnel of similar qualifications and experience in the Office of the Principal Legal Advisor in the nearest court where representation is furnished; or (ii) if more than 1 court is involved, the rate of compensation that is paid to the higher paid person of similar qualifications and experience in such courts. (6) Treatment as Federal government employees Employees of an Immigration Public Defender Organization shall be treated as employees of the Federal Government solely for purposes of— (A) subchapter 1 of chapter 81 of title 5, United States Code (relating to compensation for work injuries); (B) chapter 83 of such title 5 (relating to retirement); (C) chapter 84 of such title 5 (relating to the Federal Employees’ Retirement System); (D) chapter 87 of such title 5 (relating to life insurance); and (E) chapter 89 of such title 5 (relating to health insurance). (7) Restriction An Immigration Public Defender and any attorney appointed to serve in an Immigration Public Defender Organization is prohibited from engaging in the private practice of law. (8) Limited liability The Office, to the extent the Director considers appropriate, shall provide representation for and hold harmless, or provide liability insurance for, any person who is an officer or employee of an Immigration Public Defender Organization. (9) Reports Each Immigration Public Defender Organization shall submit periodic reports of its activities and financial positions and its proposed budget to the Local Board at the times and in the form prescribed by the Local Board. (c) Community Defender Organizations (1) In general A Community Defender Organization shall be a nonprofit legal representation service established and administered by any group authorized by the Local Plan to provide representation to individuals subject to proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101. (2) Annual report Each Community Defender Organization shall submit an annual report to the Local Board that sets forth its activities during the previous fiscal year and the anticipated caseload and expenses for the upcoming fiscal year. (d) Attorney Panel Each Local Plan developed pursuant to section 206(k)(1) shall provide for— (1) the appointment of qualified private attorneys from an Attorney Panel within the region; (2) the implementation of standards established by the Office setting forth the minimum qualifications for Panel Attorneys; and (3) the establishment of a system to ensure that— (A) the number of attorneys on each Attorney Panel is limited to provide each attorney with sufficient appointments to maintain continuing familiarity with immigration law and procedure; (B) there is early entry of counsel, including representation as soon as possible in all proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101; (C) there are adequate support services, including training and technical support, for members of each Attorney Panel for every area in the region; (D) conflicts of interests are avoided; and (E) there is equal employment opportunity for the employees of Immigration Public Defender Organizations and Panel Attorneys.