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.

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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An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to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 and DOJ IFR Regarding Civil Penalties for Certain Immigration-Related Violations

DHS and DOJ released an interim final rule (IFR) updating procedures for DHS to issue fines for noncitizens who do not depart during the voluntary departure period or after a final removal order, or are apprehended while “improperly” entering the U.S. Comments are due 7/28/25. (90 FR 27439, 6/27/25)

6/27/25 AILA Doc. No. 25062710. Removal & Relief
Federal Agencies, Agency Memos & Announcements

DHS and DOJ Announce Updated Process for Immigration-Related Fines

DHS announced a joint interim final rule with DOJ updating procedures for DHS to issue fines for certain immigration-related violations. The new rule will eliminate a 30-day notice period, allow DHS to send fines by regular mail, and move the appeals process from DOJ to DHS, among other changes.

6/27/25 AILA Doc. No. 25062712. Removal & Relief
Federal Agencies, Agency Memos & Announcements

EOIR Policy Memo Regarding Civil Penalties for Certain Immigration-Related Violations

EOIR Acting Director released a policy memo to provide guidance on DHS and DOJ’s interim final rule, “Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations” as it relates to EOIR. Fines imposed under the rule will no longer be subject to appellate review by BIA.

6/27/25 AILA Doc. No. 25062714. Removal & Relief
Cases & Decisions, Federal Court Cases

SCOTUS Rules 30-day PFR Deadline Not Jurisdictional, Subject to Equitable Tolling

The U.S. Supreme Court ruled 5-4 that a BIA order denying deferral of removal in a withholding-only proceeding is not a final order of removal. The filing deadline to challenge a final order of removal is not a jurisdictional requirement and is subject to equitable tolling. (Riley v. Bondi, 6/26/25)

6/26/25 AILA Doc. No. 25062603. Removal & Relief
Cases & Decisions, Federal Court Cases

CA6 Holds That Denaturalized Petitioner Is Not Removable for Crime Committed While a U.S. Citizen

The court held that the petitioner could not be removed under INA §237(a)(2)(E)(i) based on his conviction for a crime of child abuse that occurred while he was a U.S. citizen, even though he was later denaturalized. (Gonzalez Castillo v. Bondi, 6/18/25)

6/24/25 AILA Doc. No. 25062432. Crimes, Naturalization & Citizenship, Removal & Relief
Cases & Decisions, Federal Court Cases

SCOTUS Allows DHS to Resume Third-Country Removals Without Advance Notice for Now

The U.S. Supreme Court issued a stay of a district court ruling barring DHS from sending noncitizens to countries where they are not nationals without advance notice as litigation continues. Justice Sotomayor issued a dissent. (Department of Homeland Security, et al. v. D.V.D., et al., 6/23/25)

6/23/25 AILA Doc. No. 25062433. Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Finds Petitioner Derived Citizenship from Mother’s Naturalization Where Paternity Was Not Established by Legitimation

The court held that the Salvadoran petitioner’s paternity was not “established by legitimation” under former INA §321, and thus found that the petitioner derived U.S. citizenship through his mother’s naturalization and was not removable. (Lainez v. Bondi, 6/23/25)

6/23/25 AILA Doc. No. 25062762. Naturalization & Citizenship, Removal & Relief
Cases & Decisions, Federal Court Cases

CA7 Upholds Asylum Denial After Finding Petitioner Could Reasonably Relocate within India

The court held that substantial evidence supported the BIA’s conclusion that petitioner could reasonably relocate within India to avoid persecution, and thus that he was ineligible for asylum, withholding of removal, and Convention Against Torture (CAT) protection. (Singh v. Bondi, 6/23/25)

6/23/25 AILA Doc. No. 25062763. asy, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Finds Respondent’s Speculative Eligibility for Adjustment Insufficient to Warrant Termination of Proceedings

The BIA held that termination of removal proceedings is not warranted to allow a respondent to seek adjustment of status under the Cuban Refugee Adjustment Act based on speculation that USCIS will grant them parole under INA §212(d)(5)(A). Matter of Roque-Izada, 29 I&N Dec. 106 (BIA 2025)

6/20/25 AILA Doc. No. 25062308. Adjustment of Status, Humanitarian Parole, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Holds That BIA Abused Its Discretion by Declining to Remand to IJ for Competency Determination

Granting in part the petition for review, the court held that the record evidence, including head trauma, alcohol abuse, dementia, anxiety, depression, and memory disturbance, clearly contained indicia of incompetence warranting further inquiry by the IJ. (Lemus-Escobar v. Bondi, 6/16/25)

6/16/25 AILA Doc. No. 25061813. Asylum & Refugees, Removal & Relief
AILA Announcements

Call for Examples – Affirmative I-589 “dismissed” by USCIS because applicant has a prior Expedited Removal Order (Form I-860)

AILA’s Asylum and Refugee Committee has received reports that some affirmative asylum applications are being dismissed by the Asylum Vetting Center on the basis of alleged expedited removal orders. The committee is currently gathering examples to better understand the scope and nature of this issue.

6/13/25 AILA Doc. No. 25061361. Asylum & Refugees, Expedited Removal, Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Holds That Clear Error Is Appropriate Standard of Review for Evaluating Hardship Determinations

The court held that clear error is the appropriate standard of review for evaluating hardship determinations, and upheld the agency’s finding that the petitioner failed to show the hardship required for cancellation of removal under INA §240A(b)(1)(D). (Toalombo Yanez v. Bondi, 6/13/25)

6/13/25 AILA Doc. No. 25061701. Cancellation, Suspension & 212(c), Removal & Relief
Practice Resources

Practice Alert: EOIR Guidance to Immigration Judges on Dismissals and Other Adjudications

On May 30th, 2025, immigration judges nationwide received instructions on how to adjudicate the recent wave of dismissal requests from ICE OPLA. Read this practice alert for the text of the email and accompanying guidance.

6/12/25 AILA Doc. No. 25061204. Expedited Removal, Removal & Relief
Federal Court Cases

DOJ Files Lawsuit to Stop New York’s Protect Our Courts Act

DOJ filed suit against the state of New York to stop the Protect Our Courts Act, a 2020 state law that prohibits federal officers from conducting civil arrests in or around courthouses without a warrant signed by a judge. (United States v. New York, 6/12/25)

6/12/25 AILA Doc. No. 25061706. Detention & Bond, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Vacates IJ’s Release on Bond Order After Finding Respondent Failed to Show She Was Not a Flight Risk

The BIA held that a grant of withholding of removal that is pending on appeal does not justify release on bond where the factors regarding flight risk weigh strongly against release on bond. Matter of E–Y–F–G–, 29 I&N Dec. 103 (BIA 2025)

6/11/25 AILA Doc. No. 25061202. Detention & Bond, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Remands Asylum Claim Where BIA Failed to Consider Impact of Petitioner’s Past Experiences on Her Religious Practice

The court concluded that, in determining whether the Brazilian petitioner experienced harm rising to the level of persecution, neither the BIA nor the IJ considered the impact of petitioner’s past experiences on her ability to freely practice her religion. (De Souza Silva v. Bondi, 6/11/25)

6/11/25 AILA Doc. No. 25061800. Asylum & Refugees, Removal & Relief
AILA Announcements

Take Action: Demand Congress to Protect Due Process and Stop the Administration from Undermining the Integrity of the Immigration Courts

The administration is targeting noncitizens at immigration courts through coordinated arrests that violate due process. Join AILA in demanding Congress conduct oversight, investigate the interagency abuse, and protect the integrity of the immigration process. Urge your Member of Congress to act.

6/10/25 AILA Doc. No. 25061003. Detention & Bond, Expedited Removal, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Remands After BIA Failed to Explain Its Refusal to Consider Petitioner’s Ineffective Assistance Claim

Granting the petition for review, the court concluded that the BIA abused its discretion by failing to offer a reasoned explanation for its determination that it could not or should not review claims of ineffective assistance of counsel before a different tribunal. (Li v. Bondi, 6/10/25)

6/10/25 AILA Doc. No. 25061702. Removal & Relief
Federal Agencies, Agency Memos & Announcements

DHS Announces Fine Forgiveness for Noncitizens Who “Self-Deport”

DHS announced that noncitizens who “self-deport” through the CBP Home App will receive forgiveness of any civil fines or penalties for failing to depart the U.S. Currently, individuals can be fined nearly $1,000 per day they do not depart after a final deportation order.

6/9/25 AILA Doc. No. 25061102. Removal & Relief
Cases & Decisions, Federal Court Cases

CA7 Finds No Nexus Between Gang Threats and Petitioner’s Membership in “Young Male Salvadorans” Social Group

The court upheld the denial of the petitioner’s asylum and withholding of removal claims, holding that substantial evidence supported the IJ’s conclusion that petitioner failed to establish a nexus between the harm he suffered and his proffered social group. (De Paz-Peraza v. Bondi, 6/9/25)

6/9/25 AILA Doc. No. 25061600. Asylum & Refugees, Removal & Relief
Agency Memos & Announcements

Presidential Memo on DOD Security for the Protection of DHS Functions

President Trump released a memo on 6/7/25 calling on the National Guard and other Federal service members to protect ICE personnel during immigration enforcement actions. The memo calls for at least 2,000 National Guard personnel to serve for 60 days or at the DOD Secretary’s discretion.

6/7/25 AILA Doc. No. 25060905. Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Holds That Pending Application for TPS Generally Will Not Warrant Administrative Closure

The BIA reaffirmed its holding in Matter of W–Y–U–, and concluded that a pending application for Temporary Protected Status (TPS) generally will not warrant a grant of administrative closure. Matter of B–N–K–, 29 I&N Dec. 96 (BIA 2025)

6/6/25 AILA Doc. No. 25061001. Removal & Relief
Congressional Updates

86 Representatives Urge DHS to End Arrests at Immigration Courts

Rep. Dan Goldman (D-NY) led 86 House members in a letter to DHS Secretary and ICE Acting Director expressing concern over ICE enforcement operations at immigration courts and noting that many of those arrested do not have a criminal record.

6/5/25 AILA Doc. No. 25060602. Detention & Bond, Removal & Relief
Practice Resources

Practice Alert: Members reporting increased ICE arrests for people on ATD monitoring

Reports show ICE is arresting ATD individuals at ISAP/ICE check-ins nationwide.

6/4/25 AILA Doc. No. 25060431. Detention & Bond, Expedited Removal, Removal & Relief
Cases & Decisions, Federal Court Cases

CA4 Says Federal Conviction for Inducing Minor to Engage in Illegal Sexual Activity Was an Aggravated Felony and Crime of Child Abuse

The court concluded that the petitioner’s conviction for inducing a minor to engage in illegal sexual activity in violation of 18 USC §2422(b) was categorically an aggravated felony and a crime of child abuse under the INA. (Hsieh v. Bondi, 6/4/25)

6/4/25 AILA Doc. No. 25061362. Crimes, Removal & Relief