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.
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Browse the Featured Issue: Representing Clients Before ICE collection
Client Flyer: What Happens During a Government Shutdown?
AILA provides an easy flyer for you to share with your clients to help them understand what happens to immigration-related agencies during a government shutdown. There are two versions available: a generic PDF version and a customizable Word version. Share widely.
Practice Alert: What Happens If the Government Shuts Down
With a government shutdown looming, AILA National shares information on which federal agencies may be affected as a result. This page will continue to be updated as more information is received.
EOIR Policy Memo (PM 25-51) Withdrawing Email on Motions to Dismiss or Terminate
EOIR Acting Director Roman Chaban released a Policy Memorandum (PM 25-51) withdrawing a 5/30/25 email from an Acting Regional Deputy Chief Immigration Judge providing guidance on adjudicating motions to dismiss or terminate.
Discuss Habeas Petitions with Your AILA Community
We've launched a new forum on AILA's Message Center that focuses on discussions about Habeas Corpus. Ask for advice, share wins, and more! This forum is exclusively for AILA members.
Practice Alert: New EOIR memo outlining court performance standards and priorities
EOIR releases a memo clarifying standard case priorities and releases a new set of court-specific performance standards. The memo states that there will not be a return to individual judge quotas for the time being.
CA6 Upholds BIA’s Denial of Third Motion to Reopen and Refusal to Reopen Sua Sponte as to Honduran Petitioner
The court upheld the BIA’s denial of the petitioner’s third motion to reopen, rejecting her notice and jurisdictional arguments and finding no abuse of discretion or legal error in the BIA’s refusal to reopen sua sponte. (Vargas-Rodriguez v. Bondi, 9/19/25)
CA1 Remands Where BIA Failed to Address Petitioner’s Risk of Torture by Low-Level Haitian Officials under CAT
The court held that the BIA failed to address the petitioner’s Convention Against Torture (CAT) claim insofar as he based the claim on the risk that lower-level government officials in Haiti would torture him while he was held in a detention facility or prison. (Fleurimond v. Bondi, 9/18/25)
CA6 Upholds Denial of Motion to Reopen After Finding Petitioner Was Ineligible for Rescission or Cancellation
The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen, concluding that the petitioner was not eligible for rescission under INA§240(b)(5)(C)(ii) and that he was not entitled to cancellation of removal. (Guzman-Torralva v. Bondi, 9/17/25)
EOIR Policy Memo (PM 25-49) on Clerical Transfers of Bond Redetermination Requests
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-49) to provide guidance on clerical transfers of bond redetermination requests.
EOIR Policy Memo (PM 25-50) on OCAHO Case Completion Goals
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-50) to re-establish case completion goals for the Office of the Chief Administrative Hearing Officer (OCAHO).
EOIR Policy Memorandum (PM 25-48) on EOIR Stakeholder Engagement
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-48) to establish clear guidance for productive stakeholder engagement.
EOIR Policy Memo (PM 25-47) on Case Priorities and Immigration Court Performance Measures
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-47) to clarify and reaffirm EOIR case priorities and performance measures. This PM supersedes and replaces the 1/17/18 Case Priorities and Immigration Court Performance Measures memo and supplements both PM 19-13 and PM 20-07.
EOIR Policy Memo (PM 25-46) on Notice of Hearings
EOIR Acting Director released a policy memo (PM 25-46) setting forth EOIR procedures for providing a notice of hearings to an individual in removal proceedings after a Notice to Appear is issued. The PM cancels and replaces OPPM 97-2, Notices of Immigration Judge Hearings.
CA5 Holds That INA’s Number Bar on Motions to Reopen Is Not Subject to Equitable Tolling
The court held that equitable tolling is unavailable to the INA’s numerical limit on motions to reopen at INA §240(c)(7)(A), and thus found that the BIA did not err in denying the petitioner’s second motion to reopen. (Garcia Morin v. Bondi, 9/12/25)
DOJ Notice of Withdrawal of 54 Rulemaking Actions
DOJ notice that it is withdrawing 16 Notices of Proposed Rulemaking, Advance Notices of Proposed Rulemaking, and Supplemental Notices of Proposed Rulemaking; as well as 38 other previously announced regulatory actions. These include 16 EOIR items. (90 FR 43948, 9/11/25.)
BIA Holds That IJs May Pretermit Asylum and Related Applications That Do Not Establish Prima Facie Eligibility
The BIA held that if factual allegations in a claim for asylum, withholding, or CAT protection, viewed in the light most favorable to respondent, do not prove prima facie eligibility for relief or protection, an IJ may pretermit the applications. Matter of H—A—A—V—, 29 I&N Dec. 233 (BIA 2025)
BIA Holds That IJs Lack Authority to Hear Bond Requests or Grant Bond to Noncitizens Present Without Admission
The BIA held that, based on the plain language of INA §235(b)(2)(A), IJs lack authority to hear bond requests or to grant bond to noncitizens who are present in the United States without admission. Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025)
EOIR Notice of Revision of Notice of Appeal From a Decision of an Immigration Judge
EOIR 30-day notice of revision and request for comments on Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. EOIR is revising this form to implement several changes, including filing fee changes enacted under H.R.-1. Comments are due 10/9/25. (90 FR 43477, 9/9/25)
EOIR Notice of Revision of Immigration Practitioner/Organization Complaint Form
EOIR 30-day notice of revision and request for comments on Form EOIR-44, Immigration Practitioner/Organization Complaint Form. EOIR has revised the Privacy Act Notice on the form. Comments are due 10/9/25. (90 FR 43476, 9/9/25)
AILA Recommends a NO vote on H.R. 3486 Stop Illegal Entry Act of 2025
AILA urges a NO vote on H.R. 3486, the Stop Illegal Entry Act, scheduled for a vote in the House on 9/11/25. This bill imposes disproportionately harsh punishments on illegal entry and reentry. Instead of this extreme, costly and ineffective approach, Congress should enact bipartisan solutions.
DHS Notice of Certain Immigration Enforcement-Related Fees Required by HR-1
DHS notice announcing new immigration enforcement-related fees established in HR-1 for certain immigration-related violations. DHS will begin assessing and collecting those fees that are administered by DHS in accordance with HR-1, effective 9/8/25. (90 FR 43223, 9/8/25)
CA5 Upholds Denial of Cancellation Based on Hardship and VAWA Claims
The court upheld the BIA’s determination that the petitioner failed to establish eligibility for cancellation of removal based on hardship grounds under INA §240A(b)(1) or based on the Violence Against Women Act (VAWA) under INA §240A(b)(2)(A). (Simantov v. Bondi, 9/8/25)
CA8 Upholds Denial of Motion to Reopen Based on Derivative Citizenship, Competency, and Asylum Claims
The court upheld the BIA’s denial of the petitioner’s motion to reopen, rejecting his derivative citizenship claim, deeming his competency challenge waived, barring his asylum claim under INA §241(b)(3)(B), and finding his T-visa claim moot. (Myers v. Bondi, 9/8/25)
EOIR PM on Procedures for Going Off-the-Record During Immigration Court Proceedings
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-44) providing updated guidance on procedures that Immigration Judges must use when going off-the-record during immigration court proceedings. This PM cancels and replaces OPPM 03-06.
EOIR PM on Consideration of Constitutional Arguments in Agency Adjudications
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-45) providing guidance regarding EOIR adjudicators’ consideration of constitutional arguments during adjudications.