‘‘(6) TERMINATION OF PROCEEDINGS.—If the 
Local Administrator fails to provide counsel to an 
individual in accordance with this section, the Sec-
retary of Homeland Security or the Attorney Gen-
eral, as appropriate, shall terminate any proceedings 
involving such individual with prejudice.’’. 
SEC. 102. PUBLIC CHARGE. 
Seeking or receiving appointed counsel under section 
292 of the Immigration and Nationality Act, as amended 
by section 101, may not be serve as the basis for any de-
termination that the individual seeking or receiving such 
services is likely to become a public charge for the pur-
poses of determining the admissibility, removability, ex-
cludability, or deportability of such individual under such 
Act, or in any other proceeding in which such individual’s 
likelihood of becoming a public charge is at issue for immi-
gration purposes. 
TITLE II—OFFICE OF IMMIGRA-
TION REPRESENTATION 
SEC. 201. DEFINITIONS. 
In this title: 
(1) BOARD.—The term ‘‘Board’’ means the 
Board of Directors of the Office. 
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(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Immigration Represen-
tation appointed pursuant to section 206(k)(1). 
(3) IMMIGRATION PUBLIC DEFENDER ORGANI-
ZATION.—The term ‘‘Immigration Public Defender 
Organization’’ means an organization established by 
a Local Board pursuant to section 207(a)(1). 
(4) LOCAL BOARD.—The term ‘‘Local Board’’ 
means a local immigration representation board es-
tablished within a region pursuant to section 206(a). 
(5) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Immigration Representation established 
under section 202(a). 
SEC. 202. ESTABLISHMENT; PURPOSE; INDEPENDENCE. 
(a) ESTABLISHMENT.—There is established in the 
District of Columbia a private nonprofit corporation, 
which shall be known as the Office of Immigration Rep-
resentation. 
(b) PURPOSE.—The purpose of the Office shall be to 
ensure high-quality legal representation and related serv-
ices to all individuals described in section 292(a) of the 
Immigration and Nationality Act, as amended by section 
101, who cannot afford representation. 
(c) INDEPENDENCE.—Except as otherwise provided 
in this Act, the Office shall exercise its authority inde-
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pendently of any Government official, agency, or depart-
ment, including the Department of Justice, the Depart-
ment of Homeland Security, and the Department of 
Health and Human Services. 
SEC. 203. BOARD OF DIRECTORS. 
(a) NUMBER AND APPOINTMENT.— 
(1) IN GENERAL.—The Office shall be governed 
by a Board of Directors, consisting of 24 members 
who shall be appointed not later than 1 year after 
the date of the enactment of this Act, in accordance 
with paragraph (2). 
(2) INITIAL JUDICIAL APPOINTMENTS.— 
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), the chief judge of each 
United States Court of Appeals (except for the 
chief judge for the Federal Circuit) shall ap-
point 2 individuals to the Board who meet the 
requirements set forth in subsection (b). 
(B) STAGGERED TERMS OF SERVICE.—The 
terms of service of the members of the Board 
appointed pursuant to subparagraph (A) shall 
be staggered so that— 
(i) 6 members serve an initial term of 
1 year; 
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(ii) 6 members serve an initial term of 
2 years; 
(iii) 6 members serve an initial term 
of 3 years; and 
(iv) 6 members serve an initial term 
of 4 years. 
(C) CIRCUITS.— 
(i) EASTERN
CIRCUITS.—The chief 
judge of the 1st, 2nd, 3rd, 4th, 11th, and 
DC Circuit Courts of Appeals shall appoint 
1 individual to serve an initial term of 1 
year and 1 individual to serve an initial 
term of 4 years. 
(ii) REMAINING CIRCUITS.—The chief 
judge of the 5th, 6th, 7th, 8th, 9th, and 
10th Circuit Courts of Appeals shall ap-
point 1 individual to serve an initial term 
of 2 years and 1 individual to serve an ini-
tial term of 3 years. 
(3) IMMIGRATION REPRESENTATION ADVISORY 
BOARD APPOINTMENTS.— 
(A) INITIAL
APPOINTMENTS.—Upon the 
expiration of the initial term of the 6 members 
of the Board who were appointed to 1-year 
terms pursuant to paragraph (2)(B)(i), the Im-
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migration Representation Advisory Board es-
tablished under section 210 shall appoint to 4- 
year terms— 
(i) 6 members of the Board; 
(ii) an Immigration Public Defender, 
who shall serve as a nonvoting, ex-officio 
member of the Board; and 
(iii) a Panel Attorney, who shall serve 
as a nonvoting, ex-officio member of the 
Board. 
(B) SUBSEQUENT APPOINTMENTS.—Upon 
the expiration of the initial term of the 6 mem-
bers of the Board who were appointed to 2-year 
terms pursuant to paragraph (2)(B)(ii), the Im-
migration Representation Advisory Board es-
tablished under section 210 shall appoint 6 
members of the Board to 4-year terms. The Im-
migration Representation Advisory Board shall 
also appoint individuals to replace any member 
of the Board who had been appointed by the 
Advisory Board, upon the expiration of such 
member’s term. 
(4) SUBSEQUENT JUDICIAL APPOINTMENTS.— 
(A) IN GENERAL.—Upon the expiration of 
the term of any member of the Board appointed 
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by a chief judge to a 3-year or 4-year term, 
such chief judge shall appoint an individual to 
the Board from a list of 5 qualified individuals 
nominated, by majority vote, by a committee 
consisting of— 
(i) the head of each Immigration Pub-
lic 
Defender 
Organization 
that 
is 
headquartered within the corresponding 
circuit; 
(ii) the head of each Community De-
fender Office that is headquartered within 
the corresponding circuit; and 
(iii) panel attorney representatives 
within the corresponding circuit. 
(B) FAILURE
TO
PRODUCE
LIST.—If a 
committee described in subparagraph (A) from 
a circuit does not provide a list of 5 Board 
nominees to the chief judge of the cor-
responding circuit before the date that is 30 
days after the expiration of the term of service 
of a member of the Board representing such 
circuit, the chief judge of such circuit may ap-
point an individual to replace such member of 
the Board without regard to nominations. 
(b) RESTRICTIONS ON MEMBERSHIP.— 
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(1) QUALIFICATIONS.—Each individual ap-
pointed to the Board pursuant to subsection (a)— 
(A) shall be nonpartisan; 
(B) shall have significant experience rep-
resenting persons in proceedings described in 
section 292(a) of the Immigration and Nation-
ality Act, as amended by section 101 of this 
Act; and 
(C) shall have demonstrated a strong com-
mitment to representation in indigent defense 
matters. 
(2) DIVERSITY.—In making appointments to 
the Board under subsection (a), chief judges and the 
Immigration Representation Advisory Board shall 
seek to appoint individuals, in the aggregate, who re-
flect the characteristics of the population rep-
resented by counsel appointed pursuant section 292 
of the Immigration and Nationality Act, including 
the characteristics of race, gender identity, sexual 
orientation, immigration experience, and socio-
economic background. 
(3) 
DISQUALIFYING
CHARACTERISTICS.—A 
member of the Board, while serving in such capac-
ity, may not be— 
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(A) an employee of the Office or a member 
of a Local Board, an Immigration Public De-
fender Organization or Community Defender 
Office, or a Panel Attorney, unless he or she is 
serving as an ex-officio member of the Board; 
(B) a judge or employee of any Federal or 
State court, any immigration court, or the 
Board of Immigration Appeals; or 
(C) a prosecutor or law enforcement officer 
or employee thereof, or any person who has 
held such a position during the 3-year period 
immediately preceding his or her appointment 
to the Board. 
(c) TERM OF MEMBERSHIP.— 
(1) MAXIMUM LENGTH OF SERVICE.—No mem-
ber of the Board may serve more than 2 terms, ex-
cept that a person who was appointed to serve a 1- 
year term may be appointed to 2 additional 4-year 
terms. 
(2) REPLACEMENT MEMBERS.—A person who 
is appointed to replace a member who resigned or 
was removed— 
(A) shall serve the remainder of the term 
of such member; and 
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(B) may be appointed to serve up to 2 ad-
ditional 4-year terms. 
(d) VACANCIES.— 
(1) MEMBERS SELECTED BY A CHIEF JUDGE.— 
Not later than 90 days after the creation of a va-
cancy arising from a Board member position selected 
by a chief judge, the committee described in sub-
section (a)(2)(A) from the corresponding circuit 
shall submit a list of 5 qualified nominees to such 
chief judge, who shall appoint 1 of such nominees as 
the new member of the Board. 
(2) FAILURE TO PRODUCE LIST.—If the com-
mittee fails to submit the list required under para-
graph (1) before the deadline, the chief judge may 
make a selection without regard to nominations. 
(3) MEMBERS SELECTED BY THE IMMIGRATION 
REPRESENTATION
ADVISORY
BOARD.—Not later 
than 90 days after the creation of a vacancy arising 
from a Board member position selected by the Immi-
gration Representation Advisory Board, the Immi-
gration Representation Advisory Board shall appoint 
a new member of the Board to fill such vacancy. 
(e) RATES OF PAY; TRAVEL EXPENSES.— 
(1) RATES OF PAY.—Members shall be paid for 
their services on the Board at a rate not to exceed 
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the daily rate at which judges of the United States 
courts of appeals are compensated. No member may 
be paid for more than 90 days in any calendar year. 
(2) TRAVEL
EXPENSES.—Each member shall 
receive travel expenses, including per diem in lieu of 
subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United 
States Code. 
(f) CHAIRPERSON.—The Chairperson of the Board 
shall be elected by the members and shall serve for a 2- 
year term, which may be renewed once by the Board for 
an additional 2-year term. 
(g) REMOVAL OF MEMBERS.—The members of the 
Board, by a vote of 13 members, may remove a member 
from the Board for— 
(1) malfeasance in office; 
(2) persistent neglect of, or inability to dis-
charge, Board duties; or 
(3) conduct unbecoming of a member of the 
Board. 
(h) QUORUM.—A quorum for purposes of conducting 
Board business shall be a majority of the members of the 
Board presently serving. 
(i) VOTING.—All members of the Board are entitled 
to vote on any matters coming before the Board unless 
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otherwise provided by rules adopted by the Board con-
cerning voting on matters in which a member has, or ap-
pears to have, a financial or other personal interest. 
(j) BYLAWS.—The Board shall adopt bylaws gov-
erning the operation of the Board, which may include pro-
visions authorizing other officers of the Board and gov-
erning proxy voting, telephonic and video meetings, and 
the appointment of committees. 
(k) DUTIES OF THE BOARD.—The Board shall— 
(1) appoint a Director of the Office not later 
than 2 months after the establishment of the 
Board— 
(A) who shall be selected on the basis of 
training, experience, and other relevant quali-
fications; and 
(B) who shall serve at the pleasure of the 
Board; 
(2) convene a meeting not later than 4 months 
after the establishment of the Board, and not less 
frequently than quarterly thereafter; 
(3) submit appropriations requests to Congress 
for the provision of legal services to individuals rep-
resented by counsel in proceedings described in sec-
tion 292(a) of the Immigration and Nationality Act, 
as amended by section 101(a); 
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(4) submit an annual report to Congress and 
the President that— 
(A) describes the operation of the Office 
and the delivery of services required under sec-
tion 292 of the Immigration and Nationality 
Act; and 
(B) includes— 
(i) the number of people who were 
provided legal services during the reporting 
period pursuant to such section 292 and 
the types of proceedings in which such peo-
ple were represented; 
(ii) the custodial status of the people 
who were represented; 
(iii) aggregate case outcomes for the 
people who were represented; and 
(iv) the status of appointments and 
vacancies on the Board and Local Boards; 
(5) complete and submit to Congress and to the 
President every 7 years a comprehensive review and 
evaluation of the implementation of this Act, includ-
ing the identification of the resources needed to 
carry out the requirements under this Act and the 
amendments made by this Act for the foreseeable fu-
ture; 
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