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An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to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

Call for Examples: ICE Arrests at Immigration Courts

AILA members recently reported widespread instances of ICE Enforcement and ERO agents appearing at immigration courts to detain individuals. AILA released a policy brief summarizing the reports. To better understand the details, please complete this survey if your client was arrested at EOIR.

6/3/25 AILA Doc. No. 25060305. Expedited Removal, Removal & Relief
Federal Agencies, FR Regulations & Notices

DOJ 60-Day Request for Comments on Revision of Forms EOIR-60 and EOIR-61

DOJ request for comments on revision of Form EOIR-60, Notice of Entry of Limited Appearance for Document Assistance Before the Board of Immigration Appeals, and Form EOIR-61, Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court.  (90 FR 23568, 6/3/25)

6/3/25 AILA Doc. No. 25060311. Removal & Relief
Client Flyers

Know Before You Go: Immigration Court Hearings and ICE Arrests

AILA provides a flyer to alert your clients of ICE arrests outside of immigration courthouses with information they should know before going to immigration court. The flyer is available as a generic PDF version as well as a Word version you can customize with your firm's information. Please share.

6/2/25 AILA Doc. No. 25060235. Detention & Bond, Expedited Removal, Removal & Relief
Client Flyers

Know Before You Go: Immigration Court Hearings and ICE Arrests

AILA provides a flyer to alert your clients of ICE arrests outside of immigration courthouses with information they should know before going to immigration court. The flyer is available as a generic PDF version as well as a Word version you can customize with your firm's information. Please share.

Federal Agencies, Agency Memos & Announcements

ICE Directive: 11072.4 Civil Immigration Enforcement Actions In or Near Courthouses

ICE memo regarding ICE civil immigration enforcement actions in or near courthouses. It outlines which noncitizens are generally subject to such actions, procedures, and responsibilities. It also notes that ICE officers should generally avoid enforcement near non-criminal or specialized courts.

6/2/25 AILA Doc. No. 25060401. Detention & Bond, Removal & Relief
Policy Briefs

Policy Brief: ICE Arrests at Immigration Courts

AILA members reported widespread instances of ICE Enforcement and ERO agents appearing at immigration courts to detain individuals following the dismissal of their case. This brief summarizes the key takeaways from the reports of AILA members and the broader policy implications.

5/30/25 AILA Doc. No. 25053003. Expedited Removal, Removal & Relief
Federal Agencies, FR Regulations & Notices

DOS Determination Pursuant to Section 2(b)(2) of the Migration and Refugee Assistance Act of 1962

DOS public notice determining that assistance to migrants without legal basis to remain in the United States to voluntarily return to their country of origin or country of legal status will contribute to the foreign policy interests of the United States. (90 FR 23096, 5/30/25)

5/30/25 AILA Doc. No. 25053011. Asylum & Refugees, Consular Processing, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Finds That IJ Erred in Allowing Respondent Whose NTA Lacked Time and Place Information to Withdraw Her Pleadings

The BIA held that lack of time and place information on the Notice to Appear (NTA) did not render untrue or incorrect the respondent’s admission to the factual allegations or invalidate the charges of removability in the NTA. Matter of Lopez-Ticas, 29 I&N Dec. 90 (BIA 2025)

5/29/25 AILA Doc. No. 25053002. Removal & Relief
Cases & Decisions, Federal Court Cases

CA6 Denies Motion for Stay Where Petitioner Failed to Show Likelihood of Success and Irreparable Harm

The court denied the petitioner’s motion to stay the IJ’s removal order pending appeal, finding that he failed to show that he was likely to succeed on the merits of his underlying appeal and that he would be irreparably injured without a stay. (Sarkisov v. Bondi, 5/29/25)

5/29/25 AILA Doc. No. 25060302. Removal & Relief
Cases & Decisions, Federal Court Cases

CA11 Upholds BIA’s Finding That Petitioner’s Motion to Reopen Was Untimely and Procedurally Barred

Denying the petition for review, the court held that the BIA afforded the petitioner’s third motion to reopen reasoned consideration and that it properly exercised its discretion in finding that Niz-Chavez v. Garland did not justify equitable tolling. (Hamilton v. Att’y Gen., 5/29/25)

5/29/25 AILA Doc. No. 25060432. Removal & Relief
Practice Resources

Third-Country Removals: Procedural Protections Afforded by the Preliminary Injunction in D.V.D. v. DHS

Class counsel issued a practice alert on third-country deportations and key protections under the D.V.D. v. DHS preliminary injunction for noncitizens with final removal orders under INA §§240, 241(a)(5), or 238(b), including withholding-only cases.

5/27/25 AILA Doc. No. 25052801. Removal & Relief
Practice Resources

Practice Alert: Increased Reports of ICE Arrests at Immigration Courts Nationwide

AILA members report a sharp increase in ICE arrests at immigration courts around the country.

5/22/25 AILA Doc. No. 25052103. Detention & Bond, Removal & Relief
Correspondence

AILA Sends Letter to EOIR Over Unethical Flyers

On May 22,2025, AILA sent a letter to the Executive Office of Immigration Review (EOIR) in concern over the flyers being distributed by immigration judges that contain misleading information to respondents.

5/22/25 AILA Doc. No. 25052201. Removal & Relief
AILA Announcements

Take Action: Urge Congress to Hold EOIR Accountable and Stop the Distribution of Legally Inaccurate “Self-Deportation” Flyers

EOIR is distributing legally inaccurate flyers titled “Message to Illegal Aliens: A Warning to Self-Deport” that undermine due process and judicial neutrality. Join AILA and IJC in urging Congress to demand EOIR halt these flyers and uphold fairness in immigration courts.

5/22/25 AILA Doc. No. 25052231. Removal & Relief
Practice Resources

Practice Alert: ICE Arrests at USCIS Interviews

AILA reports a rise in ICE arrests at USCIS interviews and check-ins nationwide, targeting individuals with prior removal orders, criminal history, or suspected fraud. Members are urged to prepare clients and report incidents to AILA’s liaison committee.

5/22/25 AILA Doc. No. 25052232. Detention & Bond, Removal & Relief
Examples & Questions

Call for Examples: Asylum Application Pretermitted

On April 11, 2025, EOIR issued a memorandum encouraging immigration judges to pretermit applications for asylum if they did not state a prima facie claim. To understand how the memo is being implemented across the country, please complete this survey if you've had an asylum application pretermitted.

5/22/25 AILA Doc. No. 25052203. Asylum & Refugees, Removal & Relief
Practice Resources, Sample Briefs

Template Opposition to Motion to Recalendar

Last week AILA was alerted that ICE OPLA would be filing Motions to Recalendar in all administratively closed cases before July 9, 2025. AILA and CLINIC have created a template opposition to help attorneys as they respond to these filings.

5/21/25 AILA Doc. No. 25052102. Removal & Relief
Litigation Resources, AILA Announcements

Late-Breaking Seminar: Habeas Corpus

Join AILA on 6/6/25 to learn advanced legal strategies using habeas corpus to get clients released from detention. Our expert panelists will discuss recent developments, statutory and constitutional underpinnings, remedies, and novel uses of habeas to confront unprecedented executive actions.

Cases & Decisions, Federal Court Cases

CA2 Upholds Asylum Denial Where Petitioner Relied on General Country Conditions Evidence and Single Incident of Police Misconduct

The court held that petitioner’s testimony regarding a single incident of police misconduct was insufficient to show that the Indian government was unable or unwilling to protect him, and that general country conditions evidence did not compel a different result. (Singh-Kar v. Bondi, 5/21/25)

5/21/25 AILA Doc. No. 25052701. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA1 Finds That Mailing Petition for Review Does Not Constitute Filing the Petition

The court held that although the petitioner mailed his petition for review before the expiration of the statutory deadline for filing the petition, he failed to ensure that the clerk received it by that deadline, and thus failed to timely file his petition. (Goncalves v. Bondi, 5/20/25)

5/20/25 AILA Doc. No. 25052700. Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Holds That Substantial Evidence Standard of Review Applies to Hardship Determination in Cancellation of Removal Cases

The court held that the substantial evidence standard of review applies to the hardship determination in cancellation of removal cases, and that substantial evidence supported the BIA’s hardship determination as to the Mexican petitioner. (Gonzalez-Juarez v. Bondi, 5/20/25)

5/20/25 AILA Doc. No. 25052702. Cancellation, Suspension & 212(c), Removal & Relief
Practice Resources

Arguing Against Pretermission of Asylum Cases in Immigration Court

This practice pointer outlines legal arguments for challenging pretermission of asylum applications for clients in removal proceedings. This comes after EOIR's recent policy memo, PM 22-28, published on April 11, 2025.

5/19/25 AILA Doc. No. 25051905. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Finds That District Court Lacked Jurisdiction to Review USCIS’s Denial of Adjustment of Status Application

The court held that a denial of an application for adjustment of status under INA §245 is a “judgment” for purposes of INA §242(a)(2)(B)(i), regardless of whether it is issued by an immigration court or USCIS. (Xia v. Bondi, 5/19/25)

5/19/25 AILA Doc. No. 25052033. Adjustment of Status, Removal & Relief
Practice Resources

Practice Alert: Reports of BIA Setting Briefing Deadlines in ECAS Without Issuing Briefing Schedule

Members report seeing BIA briefing deadlines appear in ECAS without the issuance of a briefing schedule. AILA is urging members to check ECAS on all pending BIA cases.

5/16/25 AILA Doc. No. 25051503. Removal & Relief