Sec. 7. Plan to expand legal orientation program
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Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress an interim plan to expand the legal orientation program to each regional processing center established under section 437(a) of the Homeland Security Act of 2002 and any other Department of Homeland Security facility at which— 1 or more aliens are detained following apprehension by U.S. Customs and Border Protection; and any legally determinative aspect of the asylum process occurs. The interim plan required by paragraph
(1)shall include— a list of the critical items required for a final legal orientation plan that cannot be implemented in the interim plan due to necessary logistical and procedural changes at each facility at which assessments for credible fear of persecution, or other aspects of the asylum process, occur; a description of the manner in which the legal orientation program will be immediately adapted to assist aliens detained at Department of Homeland Security facilities, including such regional processing centers; a description of the manner in which access to counsel will be facilitated for such aliens who are subject to any type of asylum processing; and a list of Department of Homeland Security facilities— at which asylum processing occurs; and that are capable of providing basic legal orientation services, including through a remote interface. The Secretary shall commence implementation of the interim plan beginning not later than 60 days after the submittal of the plan under paragraph
(1)and ending on the date on which implementation of the final plan described in subsection
(b)commences. In developing the interim plan under paragraph (1), the Secretary shall consult with nongovernmental organizations, legal services providers, and any other entity the Secretary considers appropriate. Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress a final plan to expand the legal orientation program to each Department of Homeland Security facility at which— 1 or more aliens are detained; and any legally determinative aspect of the asylum process occurs. The final plan required by paragraph
(1)shall include— a consultation with the Director of the Executive Office for Immigration Review to determine the most efficient and effective manner by which to expand or modify legal orientation program requirements and standards to include aliens seeking asylum protections at each Department of Homeland Security facility at which any part of the asylum process, including credible fear interviews, occurs; an assessment of necessary procedural and programmatic changes to the legal orientation program that will best accommodate such aliens; an assessment of challenges to expanding the legal orientation program to facilities that cannot be met by the interim plan under subsection (a); a requirement that legal orientation program sessions shall provide explanations of all expedited asylum processing programs and procedures and relevant forms of relief under the immigration laws; a requirement that legal orientation programs shall include access to self-help legal materials and communication with available pro bono legal representatives; a requirement that private and confidential space shall be provided to such aliens, if they wish to use it, for individual legal orientation and consultation and telephone calls with nonprofit organizations and legal representatives before— hearings relating to credible fear of persecution; any Executive Office for Immigration Review hearing; any legally determinative aspect of the asylum process; or any other legal proceeding or consultation related to an asylum claim; protocols that allow such aliens to make and receive telephone calls to legal representatives, at no cost to such aliens, while detained at the Department of Homeland Security facility; and a requirement that— legal orientation programs shall ensure that written notice of legal rights is made available to such aliens in English and in not fewer than the 5 most common native languages spoken by aliens in custody at each Department of Homeland Security facility during the preceding fiscal year; protocols shall be established to provide written or oral translation of materials that Department of Homeland Security produces for legal orientation programs or that Department of Homeland Security contracts with outside entities for use in a legal orientation programs for such aliens who do not speak a language described in clause (i), including— development of a list of all languages spoken by aliens encountered in the preceding 1-year period; procedures for providing oral interpretation services if it is not possible to produce a written translation in a manner that will not unreasonably prolong an alien’s time in custody, or if the alien is unable to read written materials; and an after-action plan for improving future responses after a language is encountered for which the Department of Homeland Security is unable to timely develop written materials; and the Secretary shall have in place at each Department of Homeland Security facility— a feasible plan to provide language translation or interpretation services for any alien in a language the alien understands; and a list of translation and interpretation services and resources readily available to meet translation needs. Not later than 90 days after the submittal of the final plan required by paragraph (1), the Secretary shall commence implementation of the plan. The Secretary, in consultation with the Attorney General, shall develop and implement procedures— to ensure that legal orientation programs are available for all detained aliens not later than 12 hours after being taken into custody at a Department of Homeland Security facility; and to provide such aliens with information relating to— the basic procedures of immigration hearings; the rights of aliens under the immigration laws with respect to such hearings; the consequences of filing a frivolous legal claim or knowingly making a false statement in the course of a hearing; and any other matter the Secretary, in consultation with the Attorney General, considers appropriate. The procedures developed under paragraph
(1)shall include— the provision to aliens of a contact list of potential legal resources and providers; the provision of a clear explanation, in a language the alien fully understands, of the asylum process and standards relating to assessments for credible fear of persecution; a requirement to provide group orientations to aliens apprehended by U.S. Customs and Border Protection regarding asylum processing programs, including applicable pilot programs established under section 4, and forms of relief under the immigration laws; a requirement to provide aliens with access to self-help legal materials and communication with available pro bono legal representatives; protocols to allow aliens to make telephone calls to legal representatives and to receive incoming calls from legal representatives in a private and confidential space while in custody at Department of Homeland Security facilities; and a requirement to provide clear guidance to aliens on— additional procedural steps that occur after an interview with respect to credible fear of persecution; relevant forms required to be submitted to apply for asylum or withholding of removal; information that aliens are required to update as their cases are processed by U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review; and the consequences of failing to appear at any proceeding before the Executive Office for Immigration Review, and an explanation of the legal significance of an in absentia order of removal.