EOIR Issues Analysis of Its Legal Orientation Program

9/5/18 AILA Doc. No. 18090671. Asylum, Detention & Bond, Removal & Relief

EOIR conducted an analysis comparing multiple key performance metrics between respondents who participated in its general Legal Orientation Program (LOP) and those who did not, and issued a report with key takeaways over the FY2013 to FY2017 timeframe and next steps in the review of the program. The Vera Institute of Justice released a statement that there are "insurmountable methodological flaws" in EOIR's review.

Key takeaways

  1. LOP participants had longer detention stays which increased costs to the federal government. On average LOP participants spent 25 more days per respondent in DHS custody than non-LOP participants. EOIR estimates that the longer average detention stays of LOP participants cost the federal government an estimated $3,100 more per respondent from FY 2013 to FY 2017 than non-LOP participants. This results in an estimated $40 million per year in additional housing costs to the federal government.
  2. LOP respondents were less likely to obtain representation during their case history than non-LOP respondents. From FY 2013 to FY 2017 LOP respondents were five percent less likely than non-LOP respondents to have representation at any time in their case histories.
  3. Proceeding outcomes between LOP and non-LOP respondents do not vary greatly. LOP participants with a detained custody status have slightly higher likelihoods of being granted relief than non-LOP participants. Conversely, LOP participants with a released custody status have slightly lower likelihoods of being granted relief and slightly higher likelihoods of being issued a removal order than non-LOP participants.
  4. LOP respondents had longer proceedings and cases. For both detained and released respondents, LOP respondents had longer case lengths and proceeding lengths beginning in each year from FY 2013 through FY 2017.
  5. LOP respondents had slightly more hearings. Respondents who participated in the LOP had an average of 0.3 more master calendar hearings and 0.1 more individual merits hearings compared to respondents who did not participate in the LOP.
  6. LOP and non-LOP participants were about equally likely to have their cases and proceedings completed by June 2018. Of all cases and proceedings initiated from FY 2013 through FY 2017, the cases and proceedings of detained LOP respondents and non-LOP respondents were completed at about the same rate. Released LOP respondents were slightly less likely to have their cases completed if they were initiated in recent fiscal years.
  7. Hearing location, custody status, and other factors were found to be statistically significant for certain findings. EOIR found these factors to have significant impacts on some of the performance metrics in this paper, suggesting that they may also be primary drivers of particular findings in each section. Using regression analyses, EOIR determined that even when evaluated separately (holding the remaining factors constant), each of these factors independently may potentially impact the findings.

Next steps

Phase I of the LOP Cohort Analysis analyzes several measurements of EOIR court operations. Across LOP and non-LOP participants, the paper compares detention length, representation rates, the number of EOIR hearings, time in EOIR proceedings, likelihood of completion, adjournment attributions, and case outcomes. Phase I is included in this report.

Phase II of the LOP Cohort Analysis builds upon Phase I by providing additional measurements of EOIR operations. Across the same LOP and non-LOP cohorts evaluated in Phase I, the Phase II analysis compares hearing durations, relief sought, and any relationships between the two. Additionally, Phase II will show the distribution of when in the course of their proceedings LOP participants received their LOP service. Phase II is tentatively expected to be completed by the end of September 2018.

Phase III is an analysis of the Immigration Court Helpdesk (ICH), which educates non-detained immigrants in removal (deportation) proceedings and court processes. The goal of ICH is to help individuals make informed decisions about their legal cases and, in doing so, improve the efficiency and effectiveness of immigration court proceedings. Phase III will look into whether the ICH can be related to any costs or savings to the federal government and evaluate the effectiveness of the program in relation to its stated goals. Phase III is tentatively expected to be completed by the end of October 2018.

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Cite as AILA Doc. No. 18090671.

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