Common use of Phase 1A Clause in Contracts

Phase 1A. i. During Phase 1a, after OPLA-WAS receives an order of protection regarding a noncitizen, ICE will provide a written notice to the noncitizen, and, if applicable, their counsel, that a review of their custody status will be conducted pursuant to this Settlement Agreement. The notice will describe the standard and factors that will be considered during the review and will include Class Counsel’s contact information. This language will provide: “Absent exceptional circumstances, such as when the noncitizen presents a national security threat or a danger to the community, or any legal requirement to detain, noncitizens granted asylum, withholding of removal, or CAT protection by an immigration judge should be released pending the outcome of any DHS appeal of that decision. In considering whether exceptional circumstances exist, prior convictions alone do not necessarily indicate a public safety threat or danger to the community. Rather, the individual facts and circumstances of the case, including extensiveness, seriousness, and recency of the criminal activity, along with any evidence of rehabilitation, should be considered in making such determination.” See Ex. 2 (Notice). The notice will not entitle the noncitizen to submit any information to be considered in the review or to otherwise participate in the review process, nor will the notice invite the noncitizen to do so. ICE retains the discretion to conduct the review required during Phase 1a at any time before the expiration of the 10-business- day deadline found in Section 1(B)(iii), irrespective of when this notice is transmitted to the noncitizen. ii. Within 7 business days of the start of Phase 1a, ICE will post a notice in dormitories, including restrictive housing units, housing detained noncitizens at the ▇▇▇▇▇▇▇▇ Detention Facility and Immigration Centers of America – Farmville Detention Facility, and on electronic tablets available to detainees regarding the class action in both English and Spanish, which will include Class Counsel’s contact information See Exhibit 3 (Notice). iii. During Phase 1a, consistent with guidelines governing the Legal Orientation Provider (“LOP”), Amica Center for Immigrant Rights can distribute materials about the case to noncitizens in detention at the ▇▇▇▇▇▇▇▇ Detention Facility and Immigration Centers of America – Farmville Detention Facility.