Referrals

ECO uses a prioritization system because there are not enough lawyers and accredited representatives to help everyone at the same time. By some estimates, Oregon needs several hundred more immigration lawyers to meet the current need; prioritization allows the small number of lawyers to serve the highest number of community members. ECO gives higher priority to cases when an individual is detained, is at risk of imminent removal, has a key milestone approaching in their case, or has other relevant factors that create urgency in their case.

ECO reserves some capacity throughout the representation system for priority referrals. For example, ECO has several prioritized clinics that provide legal services only to individuals who have an imminent or key milestone in their case. Prioritization increases the chance that more people’s needs will be met. ECO also has non-prioritized capacity. ECO Operations ensures that priority cases get referrals as quickly as lawyers are available. ECO Operations also completes enrollments and relevant paperwork for non-prioritized cases.

ECO generates prioritized referrals for legal services that are sent to the ECO provider network. Priorities are Detained, Imminent, Dispositive, and Important. ECO Operations uses the ECO Services Chart when making referrals.

If an individual is Detained, the referral is transmitted immediately. If an individual has an Imminent, Dispositive or Important priority, ECO Ops will transmit the referral when capacity is likely available. Capacity is considered, as a general matter, to likely be available if providers have sufficient capacity reported on the most recently available capacity-report and, in the last cycle, did not decline a referral. Referrals at higher priority are prioritized and transmitted before lower priority. To prevent the provider network from becoming saturated with referrals, ECO Ops bundles referrals so that they are transmitted in an orderly fashion. For example, if there were 100 eligible referrals, ECO Ops may bundle the referrals in cohorts of 25 and transmit over four cycles. Data suggests that when the network is saturated with referrals, fewer referrals overall are engaged. Right now, referrals are sent daily, weekly and monthly. ECO Ops makes a reasonable calculation of provider availability by looking at reports providers submit on their current cases, the number of cases and types of cases allowed under different contracts, and the availability of funding. Under law, providers are required to respond to prioritized referrals. The available capacity is often very limited because of there are not enough providers to meet the demand for immigration legal services.

For Panel providers, a referral is generated only when an ECO Clinic, OSB Clinic, or OSB Contract Provider does not have capacity to accept the referral.

For individuals in non-detained removal proceedings, ECO often, but not always, generates and transmits referrals based on the date of the merits hearing. If a merits hearing occurs within the biennium funding period, ECO assigns an Imminent priority and transmits the referral. An individual’s circumstances may vary warranting a different priority category.

Because of limited provider capacity, not all referrals are accepted and frequently a case may be referred more than once in order to find a provider with capacity to accept it. ECO Ops makes referrals based on the best available information and all providers are required to verify facts and law including due dates, timelines, and milestones.

ECO Ops publishes from time to time the ECO Services Chart which describes available services, eligible provider types, and referral timing. ECO Ops follows a simple process when generating referrals.

Step 1. Confirm ECO Membership. Referrals are made for ECO-eligible individuals.

Step 2. Confirm availability of service. that the individual is seeking a service offered through ECO

Step 3. Identify the priority. Priorities are Detained, Imminent, Dispositive, and Important.Definitions are provided below.

Step 4. Determine Referral Timing. Referrals are generated using the ECO Services Chart. After identifying the service, find the column for appropriate provider-type (ECO Clinic, Panel, OSB Clinic, OSB Hx). When “No” appears, referrals for the particular service are not generated for that provider type. “Yes” means referrals, regardless of priority, are generated as a matter of course for that provider type and do not require a capacity assessment. If a priority category is listed, referrals for that provider type are generated only when both conditions are met: the client’s priority meets or exceeds the listed category, and capacity is likely available.

For Panel providers, in addition to the other criteria, a referral is generated only when an ECO Clinic, OSB Clinic, or OSB Hx Provider does not have capacity to accept the referral.