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Release of Claims

• Title: Release of Claims
• Form #: GSA1142
• Current Revision Date: 05/2015
• Authority or Regulation: PBS P 2800.6A

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• Title 48 —Federal Acquisition Regulations System
• Chapter 1 —Federal Acquisition Regulation
• Subchapter H —Clauses and Forms
• Part 52 —Solicitation Provisions and Contract Clauses
• Subpart 52.2 —Text of Provisions and Clauses

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40 U.S.C. 121(c) ; 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016 ); and 51 U.S.C. 20113 .

48 FR 42478 , Sept. 19, 1983, unless otherwise noted.

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52.232-23 Assignment of Claims.

As prescribed in 32.806(a)(1), insert the following clause:

Assignment of Claims (MAY 2014)

(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727 , 41 U.S.C. 6305 (hereafter referred to as the Act ), may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence.

(b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract.

(c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such action in writing.

(End of clause)

Alternate I (APR 1984). If a no-setoff commitment is to be included in the contract (see 32.801 and 32.803(d)), add the following sentence at the end of paragraph (a) of the basic clause:

Unless otherwise stated in this contract, payments to an assignee of any amounts due or to become due under this contract shall not, to the extent specified in the Act, be subject to reduction or setoff.

[ 48 FR 42478 , Sept. 19, 1983, as amended at 51 FR 2667 , Jan. 17, 1986; 79 FR 24223 , Apr. 29, 2014]

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48 CFR § 52.232-23 - Assignment of Claims.

As prescribed in 32.806(a)(1) , insert the following clause:

(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727 , 41 U.S.C. 6305 (hereafter referred to as the Act ), may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency . The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence.

(b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract , and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract .

(c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such action in writing .

Alternate I (APR 1984). If a no-setoff commitment is to be included in the contract (see 32.801 and 32.803(d) ), add the following sentence at the end of paragraph (a) of the basic clause:

Unless otherwise stated in this contract , payments to an assignee of any amounts due or to become due under this contract shall not, to the extent specified in the Act, be subject to reduction or setoff.

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• What the Federal Assignment of Claims Act Means for Government Contractors

The Federal Assignment of Claims Act defines how lenders or factoring companies can arrange for payments when federal contracts are part of the accounts receivable or loans made to the contractor. Essentially, if the borrower, or the contractor, uses the business's accounts receivable as collateral, then the Federal Assignment of Claims Act guides how the lender may control the collateral.

The Federal Assignment of Claims Act has been a law since the late 1930s, and it was designed to provide a roadmap for contractors working with the government to finance their projects when working on federal or government contracts. Further guiding the assignment process is the Uniform Commercial Code (UCC), which is a set of standards adopted by most of the United States.

A business that purchases goods or services may be required to send payments to a factoring company if the factoring company sends out a notice that the business’s accounts have been sold to the factoring company. Interestingly, a business may receive a Notice of Assignment form an invoice factoring company with which the business had no prior financial relationship.

How Factoring Helps Contractors Bid on Government Contracts

Government contracts represent a competitive arena where making the right bid can make all the difference in securing a contract or being passed over for another company. A contractor must research the costs of the project and ensure that his or her business can complete the project with the amount of money offered for the project's bid.

With the assistance of a government contract receivables financing company , virtually any government contracting company may bid with confidence on a project. Contractors who provide goods or services for fleet vehicles, disposable goods, and legal assistance may benefit as well as companies that provide technical assistance or which are involved in the transport of goods.

When a business must work under federal regulations and the Federal Assignment of Claims Act. There are a variety of benefits offered by government contract receivable financing. Some of those benefits include AR financing, spot factoring , and bridge financing. A contractor may also seek out same-day funding or PO financing , and enjoy industry-low rates and a quick invoice process.

Obtaining a Lucrative Government Contract

One of the reasons a contractor may seek out work with the government is the excellent pay and the reliability of a steady working relationship with the government. The federal government and the local governments around the country represent the largest employer in the United States, and companies that can secure successive government contracts may enjoy a lucrative income with the federal government as their only client.

In addition to providing the necessary funds to begin work on a government contract, the cash from government contract receivables financing may allow a company to hire additional employees for the project, expand the business, and take on additional contracts. The contractor can also buy additional equipment and ensure all invoices are paid on time.

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Becoming a government contractor can mean that payment isn't always right around the corner. It's common for the government to offer lengthy payment cycles. A contract that requires a lengthy wait for payment may mean a contractor cannot bid on the project because of a lack of current operating cash. Government contract receivables can eliminate this problem and ensure that you can get paid.

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Social security cover abroad

Which country you're covered by depends on 2 factors :

• your work situation (employed, self-employed, unemployed, posted abroad, working across the border from where you live, and so on)
• your country of residence - not your nationality.

You may not choose which country you will be covered by.

When working or living abroad, you will have social security cover by either your home country or the host country . In either case, you'll need to make arrangements to make sure you stay covered after you move to your new country.

To avoid potentially serious problems and misunderstandings, find out about social security in your host country .

What to do if you are:

Living and working abroad open close.

As a migrant worker in the EU - employed or self-employed - you should register with the social security system in your host country.

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Every period of work in the eu counts for benefits.

Ania from Poland worked 6 years in Poland and then moved to Germany, where she worked for 2 years.

She then had a car accident which left her unable to walk, so she applied for an invalidity pension in both Poland and Germany.

The German authorities dismissed her application because she'd worked there for less than 5 years (the minimum period to qualify for a German invalidity pension).

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If you are an employee , make sure that your employer informs the social security institution in your host country in advance and requests the PD A1 form.

If you are self-employed , you must inform the social security institution in your host country in advance, and request a PD A1 form from the social security institution PDF in your home country. To be eligible for the PD A1 form, you have to prove that the activities you intend to pursue abroad are similar to those you pursued in your home country. To meet this requirement, you must:

• have worked as a self-employed person in your home country. The time period required varies from one EU country to another, but it can be as little as two months.
• fulfil the requirements to continue working as a self-employed person upon your return to your home country.

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Postings longer than 24 months

As your PD A1 form is valid for only 24 months, if your posting to another EU country lasts longer, you can either:

• switch to the social security system of your host country and pay contributions there or
• apply for an extension of your social security cover and remain covered in your home country.

A social security cover extension is granted if a mutual agreement between the countries involved in your posting is reached and if the extension is in your interest. To request an extension, you and your employer must contact the competent authority that issued your PD A1 before it expires.

When you return to your usual country of work you will be covered by the social security system there. You can be posted to another country but only after a certain period of time has elapsed since your return to your home country (two months is considered sufficient by many EU countries).

A civil servant seconded abroad Open Close

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As a cross-border commuter - whether you are employed or self-employed:

• You pay social security contributions to and are covered by the EU country where you work
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Special rules apply to healthcare and unemployment . Make sure you also understand how your pension rights and family benefits will be affected.

Social security contributions - paid only in the country where you work

Balázs used to live in Hungary and work in Austria. During that time, he paid his contributions in Austria. However, the Hungarian authorities are now claiming he should have paid contributions in Hungary.

Cross-border commuters in the EU are covered under one national social security system only — in the country where they work. The Hungarian authorities' claim is wrong.

Working in more than one country Open Close

The basic rule is that if you work in more than one EU country , but carry out a substantial part of your professional activities in your country of residence, you are covered by the social security system in your country of residence.

A ' substantial part ' of your activities means at least 25% of your working time and/or income. If you are self-employed, turnover and the number of services provided can also be relevant when calculating this percentage.

Special cases

Looking for work Open Close

Receiving unemployment benefit.

If you're receiving unemployment benefit from the EU country where you became unemployed, going abroad to look for work won't affect your (or your family's) rights to health cover, family allowance, invalidity or old age pension rights, etc.

To ensure that you and your family have health cover during a temporary stay abroad, don't forget to get a European Health Insurance Card Open as an external link (EHIC).

Once you've found a job, various social security rules may apply.

Check the rules for your country

Not receiving unemployment benefit?

If you're not receiving benefit from the EU country where you became unemployed and move to another EU country to look for work, the social security authorities will decide by which social security system you'll be covered (health cover, family allowance, etc…).

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The country responsible for your social security may make your entitlement to benefits dependent on how long you've previously paid contributions for. However, it will have to take into account all the periods you've worked or all the contributions you've paid in other EU countries as if you'd been covered in that country all along.

As a newly-arrived jobseeker, you have a right to reside in that country to look for work for up to 6 months - and longer, if you can prove you're still looking for a job and have a good chance of finding one.

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• any other replies you receive.

EU rules don't oblige your new country to grant income support or any other kind of welfare assistance to jobseekers looking for a job for the first time in that country.

Check whether you're entitled to income support as a jobseeker in your new country

Björn from Germany had been receiving his German unemployment benefits in Belgium. When his U2 form (formerly E 303 form) expired, Björn decided to stay on in Belgium and apply for income support there.

The Belgian authorities turned down his application. Under Belgian law, Björn wasn't entitled to income support in Belgium, as he'd never worked there.

Under EU rules you have no automatic right to income support (or any other kind of assistance) as a first-time jobseeker in another EU country. But you might be entitled under national rules - it's always worth checking with the local authorities.

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Donald J. Trump and his allies are planning a sweeping expansion of presidential power over the machinery of government if voters return him to the White House in 2025, reshaping the structure of the executive branch to concentrate far greater authority directly in his hands.

Their plans to centralize more power in the Oval Office stretch far beyond the former president’s recent remarks that he would order a criminal investigation into his political rival, President Biden, signaling his intent to end the post-Watergate norm of Justice Department independence from White House political control.

Mr. Trump and his associates have a broader goal: to alter the balance of power by increasing the president’s authority over every part of the federal government that now operates, by either law or tradition, with any measure of independence from political interference by the White House, according to a review of his campaign policy proposals and interviews with people close to him.

Mr. Trump intends to bring independent agencies — like the Federal Communications Commission, which makes and enforces rules for television and internet companies, and the Federal Trade Commission, which enforces various antitrust and other consumer protection rules against businesses — under direct presidential control.

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He intends to strip employment protections from tens of thousands of career civil servants, making it easier to replace them if they are deemed obstacles to his agenda. And he plans to scour the intelligence agencies, the State Department and the defense bureaucracies to remove officials he has vilified as “the sick political class that hates our country.”

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In re Nizar Trabelsi

Nizar Trabelsi is a Tunisian national who was arrested on September 13, 2001, for plotting an attack against a US military base in Belgium. He claims that he is innocent and that he confessed because his interrogators told him if he did not, he would be sent to Guantanamo and tortured. After being convicted in Belgium and serving his ten-year sentence, he was extradited to the United States to be prosecuted for the same crime. During this process, the United States promised Belgium that it would not return Mr. Trabelsi to Tunisia but would instead return him to Belgium due to the risk of torture and the fact that he had been sentenced to a ten-year sentence in absentia for his alleged crime. Belgium presumably believed that he would be convicted and sentenced to life in the United States and it would not have to accept him back.

The European Court of Human Rights subsequently declared his extradition illegal and awarded his family EUR 150,000 in damages and ordered the Belgium government to demand his return after his prosecution. To comply with the court order, Belgium sent a diplomatic note in 2022 demanding his return.

In a shocking turn of events, in July 2023, Mr. Trabelsi was acquitted by a jury in Washington, DC. He was immediately transferred to ICE custody and issued a notice to appear. It appears that the government intends to send him to Tunisia despite the fact that Belgium is required to accept him. IRC was brought in by his federal defender, who sought our experience in national security-related immigration cases.

IRC represented Mr. Trabelsi in his removal proceedings over five days of trial in December 2023 and January 2024 and is awaiting a decision from the immigration judge on whether Mr. Trabelsi can be returned to Tunisia. IRC is also co-counseling with the ACLU National Security Project to bring a habeas petition and challenge to his detention conditions in the Eastern District of Virginia.

Press coverage:

• Ryan J. Reilly and Ken Dilanian, Ex-soccer star accused of plotting terror with Osama bin Laden found not guilty , NBC News, July 14, 2023.
• Rachel Weiner, Accused of terrorism, soccer player is ‘a free man’ but still in limbo , Wash. Post, July 17, 2023.

Navarro v. Will County , N.D.I.L.

In March 2022, IRC filed a motion seeking the release of a Chicago resident being held by Will County on a material witness warrant as an end run around the Illinois Way Forward Act, which prohibits local jurisdictions from detaining non-citizens for civil immigration violations. After the Illinois Attorney General Office intervened, Will County agreed not to turn him over to ICE and released him instead. He has now reunited with his family.

Press Coverage:

• Alma Campos, He Tried to Help Victims of a Deadly Car Accident. Now He’s Being Illegally Detained , Southside Weekly, March 21, 2022.
• Elvia Malagón, Calumet City family reunited with immigrant who had been detained in Will County , Chicago Sun-Times, Mar. 23, 2022.
• María Inés Zamudio, Activists demand the release of a Chicago immigrant being held at the Will County jail , WBEZ, Mar. 8, 2022.
• Jeff Vorva, Advocates claim Calumet City immigrant being illegally detained in Will County, pending a trial for a fatal crash he witnessed , Chicago Tribune, Mar. 10, 2022.

In March 2023, IRC filed a lawsuit against Will County under Section 1983 for the unlawful detention. Centro de Trabajadores Unidos (CTU), one of IRC’s community partners, held a press conference to draw attention to the issue of local non-compliance with Illinois sanctuary laws.

• Andy Grimm, Immigrant jailed while waiting to testify in trial sues Will County Sheriff, Chicago Sun-Times, Mar. 2, 2023.
• Richard Requena, Key witness in trial for 2017 car crash that killed a pregnant woman and her sons now sues Will County, claiming illegal detention, Chicago Tribune, Mar. 2, 2023.
• Evelyn Holmes, Immigrant files lawsuit claiming Will County Sheriff's Office violated Illinois sanctuary laws, Chicago Tribune, Mar. 2, 2023.

The case is currently in discovery and motions to dismiss are pending. This year, IRC students drafted initial disclosures, served and responded to discovery requests, handled meetings with opposing counsel, and filed status reports with the court. Beginning in the summer of 2024, IRC has begun to take depositions of the defendants and other parties.

Caal v. United States , N.D.I.L.

IRC represents a father and son who were separated at the US-Mexico border during the Trump Administration’s Zero Tolerance Policy. Under this policy, the government separated thousands of migrant families as a means of deterring migration and penalizing asylum seekers. Although President Biden officially rescinded this policy in 2021, these families continue to suffer from long-lasting trauma.

Selvin, Sr. and his then sixteen-year-old son, Selvin, Jr., fled Guatemala after receiving multiple credible death threats from local gangs that wanted to force Selvin, Jr. to join their gangs. After an arduous eighteen-day journey on foot, car, and bus to the border to lawfully seek asylum, they were quickly separated and put into different detention facilities in horrendous and inhumane conditions.

The first facility was known as a hielera , or “icebox” in English. The last time they would see each other for twenty-one months was through a window that divided the rooms in this facility. Amongst the crying, yelling, and even fighting within the enclosures, this facility was freezing and provided minimal food and water, no blankets, and no opportunity to brush their teeth or take a shower.

Eventually, they were both transferred separately to what was known as a perrera , or “dog kennel” in English. The smell had grown so foul that people were covering their noses and mouths with their clothing. Soon, Selvin, Sr. had to ask for a new pair of pants because he had lost so much weight from the lack of food. Selvin, Jr. and other children were also physically assaulted by immigration officers who would kick them awake and loudly drag their batons against the chain link fences.

Selvin, Jr. found out about his father’s deportation when he called his family in Guatemala and heard his father’s voice. Selvin, Sr. had been deported after being told by a government official that if he signed a document, his son would get to stay in the United States. The paper was in English, with no Spanish translation, and the official threatened Selvin, Sr. that he would be deported if he did not sign the paper. After Selvin, Sr. signed the paper, he was put on multiple flights and was eventually deported back to Guatemala.

After nearly two years of separation, Selvin, Sr. reunited with his son in Chicago in 2020 after a federal court found his deportation unlawful and permitted him to return to the United States. However, the father and son still suffer from long-lasting physical and emotional trauma.

IRC filed a federal lawsuit in February 2023 under the Federal Tort Claims Act seeking compensation for their extended separation. The parties entered into a settlement in January 2024 for $250,000, which will allow father and son to recover from their trauma and begin their life in the United States. IRC is now representing both father and son in their removal proceedings with the goal of obtaining permanent immigration status for the family so that they can remain in the United States.

• Elvia Malagón, Chicago family files federal lawsuit following separation at border, Chicago Sun-Times, Feb. 1, 2023.

Ameen v. Jennings , Ninth Circuit

Omar Ameen came to the United States as a refugee from Iraq in 2014 and settled in Sacramento with his wife and children. Then, in 2018, he was arrested by the FBI-DHS Joint Terrorism Task Force (JTTF) and placed into extradition proceedings for the murder of a police officer in Iraq. The proceedings, which spanned three years, ended with the magistrate judge refusing to certify the extradition request and ordering Omar released. The court concluded that there was no evidence that he was a member of ISIS as the government alleged and that the evidence incontrovertibly showed that he had been in Turkey applying for refugee status at the time of the murder and could not have committed it. The court further found that the government’s key witnesses were not credible.

The case garnered national attention because of its importance to the Trump Administration’s position that terrorists were entering the United States through the refugee resettlement program. In January 2020, the New York ran a piece called “The Fight to Save an Innocent Refugee from Almost Certain Death,” which reported on how the investigation into Omar had come about and why the government’s witness in Iraq might have had a motive to lie.

After losing the extradition case, the government did not release Omar, but instead placed him in removal proceedings, arguing that he lied on his refugee application and that he had connections to ISIS, which rendered him deportable. After almost a year of removal proceedings, the immigration judge (IJ) found Omar removable on several non-terrorism related misrepresentations on his refugee application (while rejecting the terrorism allegations) and granted him relief under the Convention Against Torture. Both sides have appealed to the BIA.

In January 2022, IRC and Immigrant Legal Defense (ILD) filed a habeas petition challenging Omar’s detention after the IJ denied bond. In April 2022, Judge William Orrick granted the habeas petition in part and ordered the government to give Omar another bond hearing at which the government would bear the burden of proving dangerousness and flight risk by clear and convincing evidence.

Unfortunately, the IJ denied bond a second time and Judge Orrick denied our motion to enforce, in which we had argued that the second bond hearing was also constitutionally deficient. Both sides appealed to the Ninth Circuit. After a lengthy mediation, the parties agreed to a settlement which limited the amount of time that Mr. Ameen will be forced to remain in detention and provided for secure immigration status for his wife and three children. The government is currently looking for a country other than Iraq where Mr. Ameen can be transferred to begin a new life after his ordeal.

Mwendapeke v. Garland , Seventh Circuit

IRC represents Kibambe Mwendapeke, who came to the United States as a refugee from the Democratic Republic of the Congo (DRC) as a child and later became a lawful permanent resident. In 2016, he was convicted of “complicity to robbery in the first degree” under Ky. Rev. Stat. § 515.020 and sentenced to ten years’ imprisonment (and served eight and a half years). DHS put him in removal proceedings, arguing his conviction was an aggravated felony crime of violence, theft offense, and attempt or conspiracy offense.

In fall 2021, IRC filed a motion to terminate removal proceedings on the grounds that his conviction was overbroad for three different grounds of removability. IRC won on two of the three grounds. However, the immigration judge (IJ) found that Kibambe had been convicted of an aggravated felony crime of violence. Because the IJ found him removable, we had a trial to determine whether Kibambe had any relief from removal. In February 2022, we won our claim of deferral of removal under the Convention Against Torture. We appealed the IJ’s finding that he had been convicted of an aggravated felony crime of violence. The case raises important issues related to how overbroad complicity offenses

IRC students briefed a petition for review in spring 2023 and Brantley Butcher, ’24 , argued the case at the Seventh Circuit in September 2023. While the petition was denied, Mr. Mwendapeke can remain in the United States because he was granted relief under the Convention Against Torture.

Afghanistan Humanitarian Parole Project

IRC continues to represent over forty Afghans who were left behind after the US evacuation from Afghanistan in August 2021. In 2021 and 2022, IRC filed applications for humanitarian parole on their behalf, but for several years the government sat on the applications and did not grant or deny them. Just recently, however, six of the applications have been approved and those individuals are in the process of getting travel documents to the United States. IRC anxiously awaits to hear about the applications filed on behalf of the other families.

Reyes-Herrera v. Flaitz , W.D.N.Y. and “A Chance to Come Home Campaign”

IRC represents Macario Reyes-Herrera, a former long-time resident of the United States who was arrested and turned over to Customs and Border Protection (CBP) in 2017 as a result of a racially motivated traffic stop. He was subsequently deported to Mexico and separated from his three US citizen children. In 2019, IRC brought a civil action against the state troopers who arrested him under Section 1983 for violations of the Fourth and Fourteenth Amendments of the US Constitution. Shortly before the trial was set to begin in August 2022, New York state offered a generous settlement to Mr. Reyes-Herrera to settle his claims. The settlement will allow him to send his youngest child to college.

Although Mr. Reyes-Herrera was able to successfully settle his civil lawsuit, he and his wife Isabel, who returned to Mexico to care for him after he was deported, are still in Mexico separated from their children. Their children could sponsor them to come back to the United States. Unfortunately, they are not eligible due to their prior undocumented status and previous deportations. IRC continues to advocate for them to be allowed to return to the United States on humanitarian parole.

IRC has collaborated with the National Immigrant Justice Center (NIJC) on their “A Chance to Come Home” campaign, which asks the Biden Administration to set up an administrative process to allow deported individuals to apply to return to the United States. NIJC has profiled Mr. Reyes-Herrera as part of this campaign and IRC continues to do advocacy with elected officials and political appointees within the Department of Homeland Security.

In addition, IRC is collaborating with Pulitzer-prize winning journalist Caitlin Dickerson of the Atlantic on a book about the subject of deported people. Tentatively titled, The Deported: An American Story , the book will profile Mr. Reyes-Herrera, his family, and the work of IRC.

Individual Representations

IRC represents many individuals whose cases cannot be shared in detail due to safety and privacy concerns. In the past year, IRC represented a lawful permanent resident from Somalia who was placed in removal proceedings after receiving several criminal convictions. The student team spent months identifying and working with experts, gathering evidence, drafting declarations, drafting a pre-trial brief, and preparing witnesses. In May 2024, after a two-day trial, IRC won Convention Against Torture relief for the client, who will be able to avoid deportation to Somalia.

IRC represented a refugee from the Democratic Republic of Congo in his application for asylum. Students prepared the case, identified and worked with experts and drafted declarations. The client is now awaiting an interview at the asylum office.

IRC represented an Afghan family in their applications for asylum and for a special immigrant visa. In December 2023, the family were interviewed by the United States Citizenship and Immigration Services (USCIS) and in May 2024, every member of the family was granted lawful permanent residence.

IRC represented a crime victim from Mexico in her application for a U-visa, a special visa available for victims of certain violent crimes. In May 2024, she received a bona fide determination and grant of deferred action that will allow her to get work authorization while she is waiting in the queue for a U visa.

IRC represented a man in Nicaragua in his bond hearing in immigration court. IRC students were successful in convincing the immigration court to grant bond and then facilitated help from a bond fund so that he could post bond. He is now home with his family.

Finally, IRC represented a woman from Haiti who won asylum in September 2021 to bring her nine-year-old daughter to the United States as a derivative refugee. The unrest in Haiti, as well as custody issues, has complicated the process. However, her application for humanitarian parole was just approved and she is in the process of getting travel documents to come to the United States.

VOICES Ignored Report

U-nonimmigrant status, also known as the “U-visa,” was created by Congress in 2000 as part of the Victims of Trafficking and Violence Protection Act. The visa is meant to encourage “victims of certain crimes who have suffered mental or physical abuse” to cooperate with law enforcement in the “investigation or prosecution of criminal activity.” Applicants are required to submit a form that has been signed and approved by their local law enforcement agency, certifying that they are a qualifying victim of a crime aiding law enforcement. With a U-visa, victims are eligible for work authorization and after three years, they can apply for lawful permanent residence.

The Voices of Immigrant Communities Empowering Survivors (VOICES) Act is an Illinois law that directs Illinois law enforcement agencies on how to certify victims of crimes for federal immigration benefits. The VOICES Act was passed by the Illinois state legislature on November 30, 2018 with bipartisan support after consistent advocacy from a coalition of immigrant rights organizations, the Campaign for a Welcoming Illinois (CWI). CWI pushed for the VOICES Act because of perceived issues with how law enforcement agencies were handling requests for U-visa certifications, including lack of accountability and uniformity. Before the act was passed, law enforcement agencies could take numerous weeks in responding to victims’ certification form requests, while others refused to complete the form or provide explanations for denial. Some offices did not make changes to policy or certifying officials publicly available, or referred applicants to other agencies, such as the state’s attorney’s office. The VOICES Act attempted to solve these problems by requiring law enforcement agencies in Illinois to designate a certifying official and removing discretion to certify U-visas, requiring that they certify eligible victims within ninety days.

In 2022, at the request of Centro de Trabajadores Unidos (CTU), IRC began putting together a guide for victims detailing how to apply for U-visas in each county. To our surprise, we learned that most law enforcement agencies had never heard of the VOICES Act and definitely were not complying with it. In summer 2023, we set out to more systematically determine whether law enforcement agencies were in compliance, submitting Freedom of Information Act (FOIA) requests to every Sheriff’s Office, State’s Attorney Office, and the largest police department of every county in Illinois. We discovered that non-compliance was systematic and practically universal. In May 2024, IRC published a policy report entitled “Voices Ignored: Illinois’s Failure to Protect Immigrant Victims of Crime.”

• Nell Salzman, Illinois fails to protect immigrant victims of crime, report finds, Chi. Tribune, May 24, 2024.

Missing Migrants (with the Global Human Rights Clinic)

Thousands of Africans go missing each year attempting to cross international borders in search of safety and better opportunities. Despite the broad recognition among states of the importance and need to address the situation of missing migrants, there is a lack of formal coordination and procedures among all relevant stakeholders relating to missing migrants, and in some instances, even within countries, there is a lack of information sharing. Moreover, fragmentation, lack of a coordinated and standardized investigative/forensic approach, mistrust, and lack of contextual knowledge impair the effective identification of missing migrants from Africa.

Groundbreaking initiatives such as the Border Project (Proyecto Frontera) have sought to identify missing migrants from Central America. However, there have been very few efforts to understand migration routes from sub-Saharan Africa to Southwest Europe, and to develop a systematic framework for tracing and sharing information about missing and deceased migrants. As a result, families searching for their loved ones spend years waiting for answers. This project seeks to fill that vital gap and jumpstart work developing a comprehensive framework to address the needs of missing and deceased migrants.

This year, IRC and the Global Human Rights Clinic (GHRC) worked with our partner, the Argentine Forensic Anthropology Team (EAAF), to pilot the Border Project in parts of Africa. Students spent the year learning about the issue and drafting a lengthy legal memo that identified the gaps in legal protection for missing migrants and their families. A planned trip to Tunisia to meet with local partners was cancelled because of domestic unrest in the country. However, other trips are being planned. IRC and GHRC are also collaborating on a workshop that will be held in Addis Ababa, Ethiopia in fall 2024.

Migrant Rapid Response Clinics

IRC responded to the overwhelming need of Venezuelan migrants who have arrived in Chicago since September 2022 and conducted four legal clinics during the 2023-2024 academic year. At these clinics, law students assisted migrants living in Hyde Park and Woodlawn with applications for work authorization, Temporary Protected Status, and asylum. The latter two clinics were done in partnership with the Hyde Park Refugee Project, which has been providing support to recently arrived families in Hyde Park. IRC was also able to take on the full representation of several people who had particularly strong claims for asylum.

CTU Legal Clinic

IRC and Centro de Trabajadores Unidos (CTU) run a weekly legal clinic during the academic year that provides brief legal advice and assistance to community members from the south side of Chicago. To date, the clinic has assisted over 200 community members with their immigration issues. This clinic helps CTU recruit new members and organize around issues related to immigration in the city and more broadly.

Change Number: Change 187 GSAR Case 2020-G510 Effective Date: 09/04/2024

Subpart 532.8 - Assignment of Claims

532.805 procedure..

(a)  When acknowledging receipt of the notice of assignment, the contracting officer shall notify the contractor that all future invoices or other requests for payment under the contract must specify the name and address of the assignee and include a notation that payments due thereunder have been duly assigned. The contracting officer must send a copy of the acknowledgment to the contract finance office.

(b)  When payments under requirements or indefinite quantity contracts that are for the sole use of GSA have been assigned, the contracting officer shall provide all GSA offices that will place orders against the contract the name and address of the assignee that will receive amounts due under the contract. The notification should also state that the contracting officer requested the contractor to specify the name and address of the assignee on future invoices.

532.806 Contract clauses.

Insert the clause at 552.232-23 , Assignment of Claims, in solicitations and requirements or indefinite quantity contracts under which more than one agency may place orders.

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USDA Offers Disaster Assistance to Colorado Farmers and Livestock Producers Impacted by Wildfires

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Recovery Assistance Available for Livestock, Feed, Forage, and Infrastructure Loss

TOPEKA, Kan., Sept. 6, 2024 — The U.S. Department of Agriculture (USDA) has technical and financial assistance available to help farmers and livestock producers across Colorado recover from recent wildfires. Producers impacted by these natural disasters should contact their local USDA Service Center to report losses and learn more about program options available to assist in their recovery from crop, land, infrastructure and livestock losses and damages.

USDA Disaster Assistance for Wildfire Recovery

Producers who experience livestock deaths in excess of normal mortality or sell injured livestock at a reduced price may be eligible for the  Livestock Indemnity Program  (LIP). To participate in LIP, producers will have to provide acceptable documentation of death losses or evidence of reduced sales resulting from an eligible adverse weather event and must submit a notice of loss to the USDA Farm Service Agency (FSA) no later than the annual program payment application date, which is 60 calendar days following the calendar year in which the loss occurred. The LIP payment application and notice of loss deadline is March 3, 2025, for 2024 calendar year losses. Livestock producers who experience losses related to wildfire should check with their local FSA office for LIP eligibility criteria.

Meanwhile, the  Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program  (ELAP) provides eligible producers with compensation for feed and grazing losses and transportation cost associated with transporting feed/forage to livestock and livestock to feed. For ELAP, producers are required to complete a notice of loss and a payment application to their local FSA office no later than Jan. 30, 2025, for 2024 calendar year losses.

Additionally, eligible orchardists and nursery tree growers may be eligible for cost-share assistance through the  Tree Assistance Program  (TAP) to replant or rehabilitate eligible trees, bushes or vines. TAP complements the  Noninsured Crop Disaster Assistance Program (NAP) or crop insurance coverage, which covers the crop but not the plants or trees in all cases. For TAP, a program application must be filed within 90 days of the disaster event or the date when the loss of the trees, bushes or vines is apparent.

“We understand that as you work to recover, you’ll be pulled in many directions, so when you’re able, please reach out to your local FSA county office to report losses and damages — the sooner we have the information, the sooner we can get county committee action on your requests for assistance and issue payments,” said Kent Peppler, State Executive Director for FSA in Colorado. “When you visit our offices, remember to bring loss documentation with you. Our staff will work with the documentation you have available including farm records, herd inventory, receipts and pictures or video of damages or losses.”

FSA also offers a variety of direct and guaranteed farm loans , including operating and emergency farm loans, to producers unable to secure commercial financing. Producers in counties with a primary or contiguous disaster designation may be eligible for low-interest emergency loans to help them recover from production and physical losses. Loans can help producers replace essential property, purchase inputs like livestock, equipment, feed and seed, cover family living expenses or refinance farm-related debts and other needs.

Additionally, FSA offers several loan servicing options available for borrowers who are unable to make scheduled payments on their farm loan programs debt to the agency because of reasons beyond their control.

The Farm Storage Facility Loan Program (FSFL) provides low-interest financing so producers can build, repair, replace, or upgrade facilities to store commodities. Loan terms vary from three to 12 years. Producers who incurred damage to or loss of their equipment or infrastructure funded by the FSFL program should contact their insurance agent and their local USDA Service Center. Producers in need of on-farm storage should also contact USDA.

Risk Management

Producers who have risk protection through  federal crop insurance  or FSA’s  Noninsured Crop Disaster Assistance Program (NAP) should report crop damage to their crop insurance agent or FSA office, respectively. If they have crop insurance, producers should provide a notice of loss to their agent within 72 hours of initial discovery of damage and follow up in writing within 15 days.

For NAP covered crops, a Notice of Loss (CCC-576)  form must be filed within 15 days of the loss becoming apparent, except for hand-harvested crops, which should be reported within 72 hours.

“Because there is always the possibility of losses from wildfires and other natural disasters, USDA offers crop insurance and risk management to help producers mitigate the financial impact of losses resulting from disaster events, like these, that are beyond their control,” said Collin Olsen, Director of RMA’s Regional Office that covers Colorado. “Our agents, loss adjusters, and Approved Insurance Providers are prepared to support you through the challenging disaster recovery process.”

Conservation

Outside of the primary nesting season, emergency and non-emergency haying and grazing of Conservation Reserve Program (CRP) acres may be authorized to provide relief to livestock producers in areas affected by a severe drought or similar natural disasters. Producers interested in haying or grazing of CRP acres should contact their county FSA office to determine eligibility.

FSA’s Emergency Conservation Program (ECP) can assist landowners with financial and technical assistance to remove debris from farmland such as woody material, sand, rock and materials from collapsed hoop houses/high tunnels on cropland or pastureland. Through the program, FSA can provide assistance toward the restoration or replacement of fences including livestock cross fences, boundary fences, cattle gates or wildlife exclusion fences on agricultural land. Farmers and ranchers should check with their local FSA office to find out about sign-up periods, which are set by the FSA County Committee.

Additionally, the Emergency Forest Restoration Program (EFRP) can assist eligible owners of nonindustrial private forestland to also restore the land by removing debris, repairing forestland roads, and replacing fence. For both programs, farmers and ranchers should check with their local FSA office to find out about sign-up periods, which are set by the FSA County Committee.

USDA’s Natural Resources Conservation Service (NRCS) is always available to provide technical assistance during the recovery process by assisting producers to plan and implement conservation practices on farms, ranches and working forests impacted by natural disasters. The Environmental Quality Incentives Program (EQIP) can help producers plan and implement conservation practices on land impacted by natural disasters.

“At USDA, we serve as a partner to help landowners with their resiliency and recovery efforts,” said Clint Evans, NRCS State Conservationist in Colorado. “Our staff will work one-on-one with landowners to make assessments of the damages and develop methods that focus on effective recovery of the land.”

Assistance for Communities

NRCS also administers the Emergency Watershed Protection (EWP) program, which provides assistance to local government sponsors with the cost of addressing watershed impairments or hazards such as debris removal and streambank stabilization. The EWP Program is a recovery effort aimed at relieving imminent hazards to life and property caused by floods, fires, windstorms and other natural disasters. All projects must have an eligible project sponsor. NRCS may bear up to 75% of the eligible construction cost of emergency measures (90% within county-wide limited-resource areas as identified by the U.S. Census data). The remaining costs must come from local sources and can be in the form of cash or in-kind services.

EWP is designed for installation of recovery measures to safeguard life and property as a result of a natural disaster. Threats that the EWP Program addresses are termed watershed impairments. These include, but are not limited to:

• Debris-clogged waterways.
• Unstable streambanks.
• Severe erosion jeopardizing public infrastructure.
• Wind-borne debris removal.

Eligible sponsors include cities, counties, towns or any federally recognized Native American tribe or tribal organizations. Sponsors must be able to provide the local construction share, obtain permits and site access and agree to perform operations and maintenance of the constructed projects. Willing sponsors must submit a formal request (by mail or email) to the state conservationist for assistance within 60 days of the natural disaster occurrence or 60 days from the date when access to the sites become available. For more information, potential sponsors should  contact their local NRCS office .

In addition to EWP, Conservation Technical Assistance (CTA) is another valuable service that NRCS can provide following a wildfire. NRCS technical assistance can help fire victims with planning cost-effective post fire restoration practices.

More Information

Additional USDA disaster assistance information can be found on farmers.gov , including USDA resources specifically for producers impacted by wildfire. Those resources include the Disaster Assistance Discovery Tool , Disaster-at-a-Glance fact sheet , Loan Assistance Tool ,  and  Natural Disasters and Crop Insurance fact sheet . Additionally, FarmRaise offers an FSA educational hub with LIP and ELAP decision tools as well as farm loan resource videos. For FSA and NRCS programs, producers should contact their local USDA Service Center . For assistance with a crop insurance claim, producers and landowners should contact their crop insurance agent .

USDA touches the lives of all Americans each day in so many positive ways. In the Biden-Harris administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, fairer markets for all producers, ensuring access to healthy and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit  usda.gov .

USDA is an equal opportunity provider, employer, and lender.

Risk Management Agency:

220 NW Lyman Rd #8729 Topeka, KS 66608 Collin Olsen, Director

FPAC Press Desk [email protected]