Featured Issue: Representing Clients Before ICE
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
- Seeking Stays of Removal
- AILA Practice Pointers and Alerts (continually updated)
- Practice Advisory: Representing Detained Clients in the Virtual Landscape
- Practice Pointer: How to Locate Clients Apprehended by ICE
- Practice Pointer: Preparing for an Order of Supervision Appointment with ICE-ERO
- AILA ICE Liaison Agenda and Meeting Minutes
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.
- DHS/ICE/OPLA Chief Counsel Contact Information [last updated in 2024, this list no longer appears on ICE.gov as of 1/27/25]
- Contact Information for Local OPLA Offices [last updated in 2024, this information no longer appears on ICE.gov as of 1/27/25]
- ERO Field Offices Contact Information*
- OPE Community Relations Officers
- ICE Check-In Scheduling Website
- ICE Online Change of Address Website
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
- ERO eFile:
- An online system developed to electronically file G-28s with ERO. Attorneys and accredited representatives may register for ERO eFile accounts and may also sponsor law students and law graduates who work under their supervision. See AILA’s practice alert (AILA Doc. No. 24051506) for more information.
- ICE Attorney Information and Resources Page
- AILA Practice Alert: Updates to the ICE Attorney Information and Resource Page
Filing Administrative Complaints on Behalf of Detained and Formerly Detained Clients
- Online Intake Form for the Detention Ombudsman (myOIDO)
- Available for complaints for issues in ICE and CBP Custody nationwide, including to submit complaints about access to counsel problems on behalf of currently or previously detained clients.
- Online Complaint Form for DHS Office for Civil Rights and Civil Liberties (CRCL)
- Oversight of Immigration Detention: An Overview - May 16, 2022
(provides a list of agencies with which attorneys may file administrative complaints of detention center violations) - Immigration Judge Complaint Toolkit – August 31, 2022
- Practice Alert: Template for CRCL Complaint Regarding Failures to Provide Language Access – July 16, 2021
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 |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
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.
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.
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)
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.
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.
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.
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.
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)
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)
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)
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)
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.
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.
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.
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.
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.
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.
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.
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.
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)
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)
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)
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.
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)
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.