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Organizational Location: This announcement will be used to fill multiple vacancies at Office of the Principal Legal Advisor (OPLA) Field Locations. Although this announcement is advertised for multiple locations, it is not intended to convey that vacancies will be filled at all locations. While this position is telework eligible, it is not eligible for remote reporting.
Duties
OPLA is the largest legal program in the Department of Homeland Security (DHS), employing over 1,500 attorneys nationwide. In addition to Headquarters in Washington, D.C., there are 25 OPLA Field Locations in more than 60 cities throughout the United States. Pursuant to statute, OPLA serves as the exclusive representative of DHS in removal proceedings before the Executive Office for Immigration Review litigating cases involving criminal noncitizens, terrorists, human rights violators, and other priority noncitizens. OPLA also provides a full range of legal services to all ICE programs and offices.
OPLA attorneys provide legal advice and prudential counsel to ICE personnel on their law enforcement authorities, legal liability under the Federal Tort Claims Act and Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), the Freedom of Information Act and Privacy Act, ethics, and a range of administrative law issues, such as contract, fiscal and employment law. OPLA attorneys represent the agency before the Merit Systems Protection Board, the Equal Employment Opportunity Commission, and the Contract Board of Appeals. OPLA attorneys support the Department of Justice in the prosecution of ICE cases and in the defense of civil cases against ICE.
OPLA fosters an environment in which all voices are heard and values the unique perspectives and opinions that inhere among a talented, diverse, and inclusive workforce. Comprising a far more diverse workforce than its private sector counterparts, OPLA is proud to strive to further diversify the experiences, perspectives, and characteristics of its workforce and is committed to celebrating our differences and embracing practices that foster a fair, safe, and inclusive workplace by promoting equitable access to opportunities.
The selected attorney will immediately be given significant responsibilities and will be expected to craft legally supportable policies to address the needs of agency operational components. The attorney will be expected to routinely provide timely legal opinions to ICE officers and agents, management, and leadership within OPLA, ICE, and the DHS's Office of the General Counsel Headquarters. The selected attorney will be required to assess litigation risk and provide litigation support to the Department of Justice.
As a General Attorney, you will perform the following duties at the full performance level:
- Represent the United States Government in removal proceedings before immigration judges, frequently involving applicants for asylum or for other forms of relief under immigration laws;
- Provide expert legal counsel in the interpretation of highly complex immigration and customs laws including comprehensive and in-depth knowledge of statutory, regulatory and case authorities;
- Prepare cases for litigation by conducting legal research; prepare pleadings, motions, briefs, stipulations, affidavits, and other legal documents;
- Prepare witnesses for litigation; conduct direct examination and cross examination; present oral arguments advancing ICE's legal position; negotiate the disposition of cases with opposing counsel; and advise the Chief Counsel and/or Deputy Chief Counsel on cases potentially warranting deferred action or other exercise of prosecutorial discretion;
- Construct litigation reports for United States Attorney's Offices on civil matters pending in the federal courts involving ICE, and serve as liaison between Department of Justice's Office of Immigration Litigation and the local Enforcement and Removal Field Office on immigration matters pending in the Circuit Courts of Appeals;
- Provide legal advice and support to the other ICE components and litigation support to United States Attorney's Offices in immigration and/or customs matters. The position also involves appellate advocacy before the Board of Immigration Appeals, including the preparation of briefs and other pleadings.
- $62,107 - $135,987/year
- You must successfully pass a background investigation and drug screen for federal employment.
- If you are a male born after 12/31/59, you must certify registration with the Selective Service.
- You must have relevant experience (see How You Will Be Evaluated and Qualifications tabs).
- You must meet all requirements by the closing date of the announcement.
- You may be required to serve a two-year trial period, if the requirement has not been met.
- You must be an active member in good standing of the bar of a U.S. state, territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
Applicants should possess an ability to efficiently produce quality legal analyses of complex and novel issues, exercise sound legal judgment, be detail oriented, prioritize competing assignments, and work effectively independently, as part of a team, and across work units. Applicants should have a strong interest in supporting and providing stellar client services to diverse program offices including law enforcement officers, policymakers, attorneys, and agency senior leadership, and must be able to tailor communications to a particular audience. Applicants should be able to demonstrate an ability to take initiative and work in a reliable, decisive, and professional manner. Applicants should possess the following characteristics and competencies: integrity, sound professional judgment, organizational skills, decisiveness, initiative, stellar client services, the ability to function independently and cooperatively, and superior written and oral advocacy skills.
To qualify for the GS-11: You must be a graduate from an accredited law school and be an active member in good standing.
To qualify for the GS-12: You must be a graduate from an accredited law school, be an active member in good standing and have 1 year of specialized experience equivalent to the GS-11 grade level.
To qualify for the GS-13: You must be a graduate from an accredited law school, be an active member in good standing and have 1 year of specialized experience equivalent to the GS-12 grade level.
To qualify for the GS-14: You must be a graduate from an accredited law school, be an active member in good standing and have 1 year of specialized experience equivalent to the GS-13 grade level.
Examples of specialized experience include:
- Skills in litigating cases before courts and must demonstrate proficiency in objecting to the admission of excludable evidence during trial;
- Trial advocacy skills, including proficiency in the development of case strategies, direct examination and cross-examination of witnesses, and oral argument;
- Experience involving contact with government witnesses, immigration judges, and opposing counsel in trying cases before an immigration court;
- Reviewing memoranda of understanding, applications for search and/or arrest warrants, personal assistance agreements, requests for certification and recertification of undercover operations, affidavits in support of wire-taps, and related matters of investigatory concern to ICE officers and agents;
- Outstanding written, oral advocacy and judgment skills; proficient organizational, communication and interpersonal relationship skills and the ability to function independently and as part of a team.
Current or Former Political Appointees: The Office of Personnel Management (OPM) must authorize employment offers made to current or former political appointees. If you are currently, or have been within the last 5 years, a political Schedule A, Schedule C, Non-career SES or Presidential Appointee employee in the Executive Branch, you must disclose this information to the Human Resources Office.
The Department of Homeland Security encourages persons with disabilities to apply, to include persons with intellectual, severe physical or psychiatric disabilities, as defined by 5 C.F.R. § 213.3102(u), and/or Disabled Veterans with a compensable service-connected disability of 30 percent or more as defined by 5 C.F.R. § 315.707. Veterans, Peace Corps/VISTA volunteers, and persons with disabilities possess a wealth of unique talents, experiences, and competencies that can be invaluable to the DHS mission. If you are a member of one of these groups, you may not have to compete with the public for federal jobs. Education Applicants must be a graduate of an American Bar Association accredited law school with a Juris Doctor (J.D.) degree. Please see Required Documents for more information. A student loan repayment incentive may be available, in which case a service agreement will be required. Other Information
This is an open continuous announcement. Qualified applicants will only be referred to the hiring official for further consideration on an "as needed" basis.
General Schedule locality pay tables may be found under Salaries & Wages. The salary range listed is the base salary rate only.
Promotion Potential: This position has promotion potential to the GS-14. When promotion potential is shown, the agency is not making a commitment and is not obligated to provide future promotions to you if you are selected. Future promotions will be dependent on your ability to perform the duties at a higher level, the continuing need for an employee assigned to the higher level, and administrative approval.
BUS: This is a bargaining position. The exclusive representative for this bargaining unit position is the American Federation of Government Employees (AFGE), with representation provided by AFGE, Local 511.
E-Verify: DHS uses E-Verify, an Internet-based system, to confirm the eligibility of all newly hired employees to work in the United States. Learn more about E-Verify, including your rights and responsibilities.
Direct Deposit: All federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choosing.
Veterans' Preference: There is no formal rating system for applying veterans' preference to attorney appointments in the Excepted Service; however, OPLA considers veterans' preference eligibility as a positive factor in attorney hiring.
Financial Disclosure: If you are hired, you may be required to complete a Confidential Financial Disclosure Report (OGE Form 450) within 30 days after appointment.
Suitability: If you receive a conditional offer of employment, you must complete an Optional Form 306, Declaration for Federal Employment, and sign and certify the accuracy of all information in your application, prior to entry on duty. False statements on any part of the application may result in withdrawal of offer of employment, dismissal after beginning work, fine, or imprisonment.
Background Investigation: DHS requires every employee to be reliable and trustworthy. To meet these standards, all selected applicants must undergo a background investigation and successfully obtain and maintain a security clearance at the Secret level as a condition of placement into this position. This may include a credit check, a review of financial issues such as delinquency in the payment of debts, child support and tax obligations, and a review of certain criminal offenses and illegal use or possession of drugs.
Drug Test: Pursuant to Executive Order 12564 and the DHS Drug-Free Workplace Plan, ICE is committed to maintaining a drug-free workplace. All applicants tentatively selected for employment are subject to pre-employment drug testing and a final offer of employment is contingent upon a negative result.
You must include all required documentation, as set forth below, with your application package before the closing date. No extensions will be granted. Failure to provide all of the required information as listed in this vacancy announcement may result in an ineligible rating or may affect your overall rating.
Cover Letter: Your cover letter must discuss your interest in the position; your pertinent knowledge, skills, abilities, and experience; and your personal characteristics and competencies that qualify you for the position as detailed in the Duties and Qualifications sections of this announcement. Your cover letter must also include your full name; home address; home or work e-mail address(es); phone number(s) where we may contact you (cell, work, and/or home); name of law school, year of graduation, and year admitted to the bar.
Resume: Your resume must include announcement number (DE-12183105-24-LP), education, training, awards, and work experience. For each work experience listed, please include job title, duties, employer's name, employer's telephone number, employer's address, and starting and ending dates (MM/YY). Please indicate whether we may contact your current supervisor. Please limit your resume to 5 pages. If more than 5 pages are submitted, only the first 5 pages will be reviewed to determine your eligibility/qualifications. For more information, see the Frequently Asked Questions about the Five-Page Resume Limit).
Writing Sample: A writing sample demonstrating your legal analytical abilities must be submitted as part of your application package, for which you must be the principal author. It should not exceed 10 double-spaced pages.
Transcript: If you have practiced law for less than five years, you must submit a copy of your law school transcript. Your transcript must include your grade-point average or class ranking. If you have practiced law for 5 years or more, your transcript is not required.
Bar Membership/Certificate of Good Standing: Submit a copy of your bar card, certificate of good standing, or other documentary evidence to prove that you are an active member in good standing of the bar of a state, a U.S. a territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
If you are a current or former federal employee: Submit a copy of your most recent SF-50, Notification of Personnel Action that demonstrates your eligibility for consideration, e.g., length of time you have been in your current grade; your highest grade held. Examples of appropriate SF-50s include promotions, within-grade increases and accessions.
If you are a current or former political Schedule A, Schedule C, Non-career SES or Presidential Appointee employee: Submit a copy of your applicable SF-50, along with a statement that provides the following information about your most recent political appointment: Position title, type of appointment (Schedule A, Schedule C, Non-career SES, or Presidential Appointee), agency and beginning and ending dates of appointment.
Veterans Preference Documentation (if applicable): You must provide acceptable documentation of your preference or appointment eligibility. The member 4 copy of your DD214, "Certificate of Release or Discharge from Active Duty," is preferable. If claiming 10 point preference, you will need to submit a Standard Form (SF-15), "Application for 10-point Veterans' Preference." If applying based on eligibility under the Veterans Opportunity to Work (VOW) Act, you must submit certification from the Armed Forces that you will be discharged or released from active duty within 120 days from the date on the certification. This must indicate your dates of service, your rank, and confirm that you will be separated under honorable conditions. View more veterans' information.
You may be asked to provide a copy of your recent performance appraisal and/or incentive awards.
To apply for this position, you must complete the Occupational Questionnaire https://apply.usastaffing.gov/ViewQuestionnaire/12183105 and submit the required documentation outlined under the REQUIRED DOCUMENTS section below.
The complete initial Application must be submitted by 11:59 PM (EST) on 01/16/2025 to receive consideration.
To begin the process, click the Apply Online button to create an account or log into your existing USAJOBS account. Follow the prompts to complete the occupational questionnaire. Please ensure you click the Submit My Answers button at the end of the process. It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.
Note: To check the status of your application or return to a previous or incomplete application, log into your USAJOBS account, select Application Status, and click on the more information link under the application status for this position.
If you do not provide a valid email address, you may not be notified of the outcome of your application. Applications and supporting documentation will not be accepted by mail or email. If you need further assistance, please contact the OPLA representative listed on this announcement.
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Learn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
