Featured Issues

Featured Issue: Representing Clients Before ICE

2/3/25 AILA Doc. No. 25010904. Removal & Relief

This resource page combines resources for attorneys representing clients before ICE. For information about why AILA is calling for the reduction and phasing out of immigration detention, please see our Featured Issue Page: Immigration Detention and Alternatives to Detention.

Quick Links

Communicating with OPLA, ERO, and CROs

The Office of the Principal Legal Advisor (OPLA) includes 1300 attorneys who represent the Department of Homeland Security (DHS) in immigration removal proceedings before the Executive Office for Immigration Review (EOIR). OPLA litigates all removal cases as well as provides legal counsel to ICE personnel. At present, there are 25 field locations throughout the United States.

Enforcement and Removal Operations (ERO) manages all aspects of immigration enforcement from arrest, detention, and removal. ERO has 24 field office locations. ERO also manages an “alternative to detention” program that relies almost exclusively on the “Intensive Supervision Appearance Program (ISAP)” to monitor individuals in removal proceedings.

Since 2016, ICE has had an Office of Partnership and Engagement (formerly Office of Community Engagement) to be a link between the agency and stakeholders. As part of this office, Community Relations Officers (CROS) are assigned to every field office to work with local stakeholders such as attorneys and nonprofit organizations.

*Headquarters does not provide direct contact numbers or emails for individual employees.* (AILA Liaison Meeting with ICE on April 26, 2023)(AILA Doc. No. 23033004). However, attorneys can contact Chapter Local ICE Liaisons as they may have this information provided to them via local liaison engagement.

Latest on Enforcement Priorities & Prosecutorial Discretion

Executive Order 14159 (90 FR 8443, 1/29/25) directs DHS to set priorities that protect the public safety and national security interests of the American people, including by ensuring the successful enforcement of final orders of removal, enforcement of the INA and other Federal laws related to the illegal entry and unlawful presence of [noncitizens] in the United States and the enforcement of the purposes of this order. Given the January 25, 2025, confirmation of DHS Secretary Kristi Noem, a memorandum detailing enforcement priorities may be issued in the coming weeks.

An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to targeted noncitizens and includes:

  • National security or public safety threats;
  • Those with criminal convictions;
  • Gang members;
  • Those who have been ordered removed from the United States but have failed to depart; and/or
  • Those who have re-entered the country illegally after being removed.

Procedures and email inboxes created under the Biden Administration to request Prosecutorial Discretion no longer appear on the ICE website. AILA members are encouraged to review current DOJ regulations entitled “Efficient Case and Docket Management in Immigration Proceedings” for alternative basis for seeking termination or administrative closure.

Access to Counsel

Filing Administrative Complaints on Behalf of Detained and Formerly Detained Clients

Selected ICE Policies and Current Status

For comprehensive comparison of current and prior ICE policies, please review the “Immigration Policy Tracker (IPTP).” The IPTP is a project of Professor Lucas Guttentag working with teams of Stanford and Yale law students and leading national immigration experts.

Pre Jan 20, 2025 Status Current Status
  • Unclear but attorneys should proceed with extreme caution in pursuing any relief under this process.
  • No recission has been announced.
  • No recission has been announced.
  • The 2021 Victim Centered Approach Memo and the 2011 Prosecutorial Discretion for Victims and Witness have allegedly been rescinded though no public updated guidance available at the time of this updated. Media reports suggest that the requirements of 1367 protections should still be followed.
  • No recission has been announced.
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Federal Agencies, FR Regulations & Notices

DHS Notice Extends Finding of Mass Influx of Aliens

DHS notice stating that DHS Secretary Kristi Noem is further extending the “Finding of Mass Influx of Aliens” first issued 1/23/25. This extension, dated 1/12/26, will expire in 180 days. (91 FR 14703, 3/26/26)

3/26/26 AILA Doc. No. 26032700. Admissions & Border, Removal & Relief
Accessible to Public.
Congressional Updates

AILA Congressional Briefing on 3/26: Administration Policies Weaken Asylum System and Immigration Courts

On 3/26, AILA briefed Congress on three policy briefs from the A Better Way on Immigration series focusing on the Administration’s policy changes made over the past year to pursue its mass deportation campaign, weaken the asylum system, and make the immigration courts less efficient and independent.

3/26/26 AILA Doc. No. 26032706. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Finds That IJs Must Identify Evidence Rebutting Presumption of Reliability of Form I-213 in Alienage Determination

The BIA held that where an IJ finds that a Form I-213 is unreliable and insufficient to establish alienage, the IJ must point to specific evidence in the record sufficient to rebut the presumption of reliability. Matter of Mercado-Martinez, 29 I&N Dec. 529 (BIA 2026)

3/26/26 AILA Doc. No. 26032709. Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA9 Holds It Lacks Jurisdiction over Petition Challenging Only Denial of CAT Relief

The court dismissed the petition for review of the IJ’s order affirming a negative reasonable fear determination, holding that it lacks jurisdiction to hear a petition that challenges only the denial of relief under the Convention Against Torture (CAT). (Navarrete v. Bondi, 3/23/26)

3/23/26 AILA Doc. No. 26032662. Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Announcements

Stronger Courtroom Skills, Better Outcomes

Trial Skills for Immigration Court: A Practical Guide to Effective Strategies and Tactics gives practitioners hands on guidance for navigating hearings where the stakes are high. Build stronger courtroom skills and advocate with confidence—order your copy today.

Accessible to Public.
Agency Memos & Announcements, Federal Agencies

EOIR Issues Policy Memorandum (PM) 26-03 on Judicial Conduct and Professionalism

EOIR Director Daren Margolin issued policy memorandum (PM) 26-03 to clarify EOIR’s process for addressing complaints of judicial misconduct by its adjudicators. The PM supersedes prior guidance on the judicial complaint process, last updated in November 2023.

3/20/26 AILA Doc. No. 26032302. Removal & Relief
Accessible to Public.
Featured Issues

Featured Issue: Ensuring Legal Representation for People Facing Removal

Despite the critical role legal representation plays in ensuring fairness in removal proceedings, the law still does not guarantee the government will pay for counsel if the person is unable to afford one. AILA provides resources on ensuring legal representation for people facing removal.

3/19/26 AILA Doc. No. 21050438. Removal & Relief
Accessible to Public.
Policy Briefs

Policy Brief: America Needs Independent, Fair, and Efficient Immigration Courts

The Administration has implemented many changes to the immigration court system that undermines its ability to deliver fair outcomes consistent with the law. This brief explores these changes and provides recommendations to Congress to make the courts fairer, faster, and restore the public’s trust.

3/19/26 AILA Doc. No. 26031900. Removal & Relief
Accessible to Public.
Correspondence

AILA Sends Letter to Leader Thune, Leader Schumer, Speaker Johnson, and Leader Jeffries on Funding for ICE and CBP

AILA President Jeff Joseph and Executive Director Ben Johnson sent a letter to Leader Thune, Leader Schumer, Speaker Johnson, and Leader Jeffries to block funding to ICE and CBP until meaningful reforms are enacted to hold these agencies accountable and restore safety to American communities.

3/19/26 AILA Doc. No. 26031903. Congress, Detention & Bond, Removal & Relief
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA1 Finds No Colorable Legal or Constitutional Error in BIA’s Denial of Sua Sponte Reopening

The court denied the consolidated petitions for review, holding that the Bosniak petitioners failed to raise any colorable legal or constitutional claims challenging the BIA’s denial of sua sponte reopening. (Hodzic v. Bondi, et al., 3/19/26)

3/19/26 AILA Doc. No. 26032405. Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Denies Motion to Reopen for SIJ-Based Adjustment of Status Due to Four-Year Delay in Visa Availability

The BIA held that no ineffective assistance claim lies where person retained was not an attorney and did not hold himself out as one, and that minor respondents’ SIJ-based adjustment eligibility was speculative due to visa unavailability. Matter of Z–R–C–N–, et al., 29 I&N Dec. 523 (BIA 2026)

Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Vacates Grant of Cancellation Where Economic and Educational Hardships to Respondent’s Children Were Not Exceptional and Extremely Unusual

The BIA held that respondent had not shown that the economic, educational, and emotional hardships his 26– and 24-year-old children might experience if he was removed to Mexico would constitute exceptional and extremely unusual hardship. Matter of Arevalo-Vargas, 29 I&N Dec. 519 (BIA 2026)

3/16/26 AILA Doc. No. 26031700. Cancellation, Suspension & 212(c), Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

EOIR Issues Policy Memo on Deadline for Appealing an Immigration Judge Decision to the Board of Immigration Appeals

EOIR Director Daren Margolin issued Policy Memorandum (PM) 26-02 to clarify that the appeal deadline for all immigration court decisions to the BIA is 30 days as a result of the Amica Ctr. for Immig. Rts. v. EOIR lawsuit. The memo also states ACIS should also reflect the current 30-day deadline.

3/13/26 AILA Doc. No. 26031309. Removal & Relief
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Finds Respondent’s Intent to Seek Provisional Unlawful Presence Waiver Did Not Warrant Continued Administrative Closure

Where the respondent’s removal proceedings had been administratively closed for over 13 years, the BIA held that continued administrative closure was not warranted based on her intention to apply for a provisional unlawful presence waiver. Matter of Medina Madrid, 29 I&N Dec. 514 (BIA 2026)

3/13/26 AILA Doc. No. 26031601. Provisional Waivers, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

The Advocates for Human Rights File Lawsuit to Protect Public Access to Immigration Court Hearings

The Advocates for Human Rights filed a lawsuit against DOJ and EOIR in the DC District Court to challenge DOJ's increasing restrictions in public access to hearings at the Fort Snelling Immigration Court in Minnesota. (The Advocates for Human Rights v. Bondi et al., 3/12/26)

3/12/26 AILA Doc. No. 26031202. Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA2 Remands Where BIA Failed to Make But-For Eligibility Determination Before Applying Material Support Bar

The court held that the BIA must determine whether a petitioner would be eligible for asylum or withholding of removal but for the material support bar, because USCIS will not consider a waiver application absent such a determination. (Sufiyan v. Bondi, 3/12/26)

3/12/26 AILA Doc. No. 26032061. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA8 Holds That Substantial Evidence Is the Standard of Review for Exceptional and Extremely Unusual Hardship Determinations

The court held that hardship determinations under the exceptional and extremely unusual hardship standard are reviewed for substantial evidence, and denied the petition for review as to the Mexican petitioner seeking cancellation of removal. (Alonso-Juarez v. Bondi, 3/12/26)

3/12/26 AILA Doc. No. 26032004. Cancellation, Suspension & 212(c), Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Policy Briefs

Policy Brief: Americans Want Safe Communities, Not a Dangerous and Costly Deportation Agenda

The Administration's focus on pursuing its immigration enforcement agenda has endangered American communities while recklessly spending taxpayer funds. This policy brief questions this agenda and provides commonsense strategies to improve immigration enforcement and public safety.

3/11/26 AILA Doc. No. 26031162. Removal & Relief
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

EOIR Announces 42 Immigration Judges

EOIR announced the investiture of 42 immigration judges who joined immigration courts in California, Colorado, Florida, Georgia, Illinois, Louisiana, Maryland, Missouri, Nebraska, New Jersey, New York, North Carolina, Pennsylvania, Tennessee, Texas, and Virginia.

3/11/26 AILA Doc. No. 26031200. Removal & Relief
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

Deaths at Adult Detention Centers

AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.

3/10/26 AILA Doc. No. 16050900. Detention & Bond, Removal & Relief
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA1 Upholds Asylum Denial as to Bisexual Petitioner from Honduras Based on Lack of Persecution and Nexus

The court held that the respondent, a bisexual woman from Honduras, failed to establish past persecution, a nexus to a protected ground, or that the Honduran government was unable or unwilling to protect her from private actors. (Maldonado-Ruiz v. Bondi, 3/10/26)

3/10/26 AILA Doc. No. 26031800. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA9 Denies Petitioners’ Opposed Motion to Stay Removal and Lifts Temporary Stay in Rojas-Espinoza v. Bondi

The en banc court denied the petitioners’ opposed motion to stay removal pursuant to Nken v. Holder and Leiva-Perez v. Holder, and lifted the temporary stay of removal previously entered pursuant to General Order 6.4(c) effective immediately. (Rojas-Espinoza v. Bondi, 3/10/26)

3/10/26 AILA Doc. No. 26031801. Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases, Litigation Resources

AILA Litigation Spotlight: Innovation Law Lab Wins Petition for Writ of Habeas Corpus

AILA members at the Innovation Law Lab won habeas relief for M.L.G.G., who was unlawfully arrested and detained by ICE without a warrant. The Oregon district court rejected tolling of her removal period, found due process violations, and ordered her immediate release.

3/9/26 AILA Doc. No. 26030900. Detention & Bond, Removal & Relief
Accessible to: Member, Student, Paralegal.
Federal Court Cases

Federal Court Blocks Key Portions of IFR Changing BIA Appellate Procedures

A federal court issued a summary judgement blocking key portions of the Appellate Procedures for the Board of Immigration Appeals IFR from taking effect, including provisions allowing summary dismissal of appeals and shortening the appeal deadline. (Amica Center for Immigrant Rights v. EOIR, 3/8/26)

3/8/26 AILA Doc. No. 26030904. Removal & Relief
Accessible to Public.
Featured Issues

Featured Issue: Establishing a Fair and Independent Immigration Court

Immigration courts face a profound structural problem—they operate under DOJ and are therefore extremely vulnerable to political interference. This page collects resources, updates, and opportunities to advocate for establishing an independent immigration court with the Real Courts, Rule of Law Act.

3/6/26 AILA Doc. No. 26030602. Removal & Relief
Accessible to Public.
Accessible to Public.