HR 3127 IH: Improving Access to Counsel for Immigrants Act

This bill aims to improve access to counsel for immigrants in the United States. It was introduced on March 4, 2021, and referred to the House Judiciary Committee.

Establishing the Office of Immigration Representation

The Office of Immigration Representation is a new entity established within the Department of Justice to provide representation for immigrants in immigration proceedings. The office will be headed by an Attorney General-designee, who will also serve as the Director of the Office.

Creating the Board of Directors

The Bill establishes a Board of Directors to oversee the Office of Immigration Representation. The board will consist of nine members, including representatives from various immigration-related organizations and advocacy groups.

• Seven members will be appointed by the Attorney General-designee, with consideration given to diversity and representation from different regions and communities
• The Chairperson of the Board will be designated by the Attorney General-designee
• The Board will meet at least quarterly to provide oversight and guidance to the Office of Immigration Representation

Providing Continuing Education and Training

The Bill requires the Office of Immigration Representation to provide continuing education and training for counsel providing representation under section 292 of the Immigration and Nationality Act.

Establishing a Minimum Funding Requirement

The Bill establishes a minimum funding requirement for the Office of Immigration Representation, which will be not less than the amount equal to the combined amount appropriated for Federal immigration enforcement and prosecution agencies, multiplied by a "prosecution-defense" ratio.

Calculating the Prosecution-Defense Ratio

The Bill requires the Office of Management and Budget to calculate the prosecution-defense ratio by dividing the sum appropriated to the Office of Immigration Representation account for the most recently concluded fiscal year by the combined amount appropriated for Federal immigration enforcement and prosecution agencies.

Effect of Shifting Prosecutorial Functions

This Act takes into account the shifting prosecutorial functions of certain agencies or offices, and uses the amounts appropriated for those functions in calculating the prosecution-defense ratio under paragraph (1).

Reference: HR 3127 IH: Improving Access to Counsel for Immigrants Act