2.3 - Pro Bono Representation

As a general rule, a “pro bono representative” is an attorney or other representative specified in 8 C.F.R. § 1292.1, who provides legal representation without any present or future expectation of remuneration from the individual being represented (other than filing fees and nominal costs), as described in 8 C.F.R. § 1003.61(a)(2).  EOIR facilitates pro bono representation in multiple ways.   

(a) The List of Pro Bono Legal Service Providers - Individuals in removal proceedings are provided the List of Pro Bono Legal Service Providers (List).  The List contains information on non-profit organizations, referral services, and attorneys who may be able to assist in providing pro bono (free) legal services in immigration proceedings.  PRP maintains the List, oversees the application process, and monitors the providers’ adherence to the regulatory requirements.  

Using the cover of potential pro bono representation as a means of soliciting clients when a significant motive for the solicitation is pecuniary gain is both contrary to the purpose of pro bono representation and a potential violation of EOIR’s rules of professional conduct.  See 8 C.F.R. § 1003.102(d).   

(b) Encouraging Pro Bono Representation - EOIR maintains a policy of encouraging pro bono representation by all of its adjudicatory components.  EOIR similarly expects representatives, whether they are serving in a paid or pro bono capacity, to remain mindful of their legal ethics and professional responsibility obligations.  For more information regarding pro bono representation, practitioners may wish to consult Policy Memorandum 21-08 in Part V of the Policy Manual.