Resources for Responding to Large-Scale Enforcement Actions and Raids

This page includes a variety of resources to assist members in responding to large-scale enforcement actions and raids, and representing individual clients who were subjected to a raid.

• Communication Resources for AILA Members
• Detention Resources
• Know Your Rights
• Forms
• Litigation
• AILA Practice Resources
• Practice Advisories
• Executive Orders and DHS Memos
• Government Statements and ICE Fact Sheets
• Other Resources

Executive Orders and DHS Memos

Communication Resources for AILA Members

Tools to facilitate AILA member communication and response to large-scale enforcement actions and raids.

• AILA Members’ LTE Template on Large-Scale Enforcement Actions and Raids
  We encourage AILA members to personalize and use this template Letter to the Editor as a starting point when writing a response to an article in your local outlet about large-scale enforcement actions and raids. Please email newsroom@aila.org with any questions or to share your success.
• 2017 Raids Response Chapter Coordinator List
  A list of members who have engaged in activities related to raids and have agreed to serve as a resource for Chapters preparing for, or responding to, large-scale enforcement actions or raids in their communities.
• AILA Message Center on Raids
  Use this tool to communicate with other members on large-scale enforcement actions and raids issues.

Detention Resources

These resources provide information about locating clients apprehended by ICE and ICE detention standards.

• Practice Pointer: How to Locate Clients that Have Been Apprehended by ICE (2/8/17)
• ICE Detention Facility Locator
• List of ICE Facilities Authorized to Hold Detainees for Under 72 Hours (3/6/17)
• ICE Detention Standards
  ICE detention facility standards vary based on the type of facility and the facility's contract or agreement.
  
  • 2000 National Detention Standards (NDS)
  • 2007 Family Residential Standards
  • 2008 Performance-Based National Detention Standards (PBNDS)
  • 2011 PBNDS
  • 2016 Revisions to 2011 PBNDS

Know Your Rights

AILA provides Know Your Rights handouts for several scenarios in English and Spanish.

• Know Your Rights Handouts: If ICE Visits a Home, Employer, or Public Space

Forms

Government forms for use in raids-related activities.

• Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative (USCIS)
• Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (EOIR)
• Form I-246, Application for a Stay of Deportation or Removal (ICE)

Litigation

Raids-related motions and federal court petitions.

These materials are made available with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

• Motion For Bond and Request for Bond Hearing (115)
• Motion for Joseph Hearing (120)
• Motion to Reopen and Terminate In Absentia Removal Proceedings (184)
• Verified Petition for a Writ of Habeas Corpus (224)
• Emergency Motion for a Stay (260)
• Emergency Motion for Temporary Restraining Order (Temporary Stay While Motion for Stay is Pending) (261)

If you are interested in obtaining additional sample motions, briefs, and memos, purchase AILA's Immigration Litigation Toolbox (7th Ed. ). The following Table of Contents lists all of the documents contained in AILA's Immigration Litigation Toolbox.

AILA Practice Resources

Below is a sampling of AILA's resources for members representing individuals targeted in enforcement actions:

• Representing Clients in Immigration Court, 6th Ed.
• Essentials of Immigration Law, 5th Ed.
• Immigration Consequences of Criminal Activity, 9th Ed.
• Litigating Immigration Cases in Federal Court, 5th Ed.

For a broader selection of AILA's removal and litigation resources, see our full spectrum of publications, conferences, and other resources on Agora.

Practice Advisories

American Immigration Council practice advisories for lawyers representing individuals targeted in enforcement actions.

For clients in immigration court proceedings:

• Notices to Appear offers strategies available to cancel, mitigate, or challenge the contents of the charging document.
• Motions to Suppress in Immigration Proceedings: A General Overview, Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by CBP, and Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations by State and Local Law Enforcement Officers explain how to prevent the introduction of evidence obtained in violation of an individual's constitutional or other legal rights. These resources are particularly relevant for individuals who have been unlawfully arrested.

For clients subject to orders of removal:

• Rescinding an In Absentia Order of Removal explains how certain individuals who were ordered removed or deported in absentia can reopen their cases in immigration court.
• Seeking Remedies for Ineffective Assistance of Counsel in Immigration Cases discusses remedies available to individuals who were represented in immigration court, but did not receive a fair hearing.
• Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues discusses arguments adopted by circuit courts that have rejected or upheld the "departure bar" under 8 C.F.R. §§ 1003.2(d) and 1003.23(b)(1), which attempt to prevent individuals from pursuing motions to reopen or reconsider after leaving the United States.

For clients subject to summary removal procedures:

• Expedited Removal: What Has Changed Since Executive Order No. 13767, Border Security and Immigration Enforcement Improvements addresses the coming expansion of expedited removal, who likely will be impacted, and possible ways to challenge an expedited removal order.
• Reinstatement of Removal addresses where to obtain federal court review of reinstatement orders and which arguments are available to challenge the legality of reinstatement orders in federal court, including challenges to the underlying removal order.

To access information that the government has about your client:

• FOIA for Immigration Lawyers explains how to file a Freedom of Information Act (FOIA) request, identifies the types of information that are exempt under the Act, and outlines the administrative and federal court remedies available when a request has been partially or fully denied.
• Dent v. Holder and Strategies for Obtaining Documents from the Government During Removal Proceedings offers suggestions and strategies for making document requests pursuant to the mandatory access law and due process, both in the Ninth Circuit, where Dent v. Holder is binding, and outside the Ninth Circuit.
• The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review explains why DHS cannot employ the fugitive disentitlement doctrine to deny FOIA requests and ways to challenge such denials. It also describes specific scenarios where courts of appeals invoke the doctrine to dismiss petitions for review, and offers arguments that individuals may use to challenge the application of the doctrine.

Executive Orders and DHS Memos:

• Presidential Executive Order: Enhancing Public Safety in the Interior of the United States (issued on 1/25/17)
  
  • AILA/American Immigration Council: Summary and Brief Analysis of Trump Executive Order on Interior Enforcement
• DHS Released a Memo Implementing President Trump's Executive Order on Interior Enforcement (issued on 2/20/17)
  
  • AILA Summary and Analysis of the DHS Memorandum on Interior Enforcement

Please see AILA's page, Executive Actions Issued on the Border and Interior Enforcement, for additional documents relating to the two Executive Orders signed on 1/25/17, relating the border and interior enforcement.

Government Statements and ICE Fact Sheets:

• ICE Announcements of Enforcement Actions
• DHS Provides Q&As Regarding DHS Implementation of the Executive Order on Enhancing Public Safety in the Interior of the United States (2/21/17)
• DHS Fact Sheet: Executive Order: Enhancing Public Safety in the Interior of the United States (2/21/17)
• Statement from DHS Secretary Kelly on Recent ICE Enforcement Actions (2/13/17)
• ICE Fugitive Enforcement Operations (2/13/17)

Other Resources:

Miscellaneous materials to aid in raids-related work.

• Request Expert Consultation for Asylum Case from The Center for Gender and Refugee Studies
• Immigrant Defense Project and Center for Constitutional Rights Toolkit (1/12/17)
• CLINIC- A Guide to Assisting Asylum-Seekers with In Absentia Removal Orders (12/14/16)
• ASISTA- Protecting the Rights of Immigrant Survivors: Insecure Communities
• Embassies in the United States
  Members can contact embassies through this list to locate consulates in their communities.
  
  • Mexican Consulate Contact Information
  • Mexican Consular Network (4/8/17)
  • Infographics: Center for Information and Assistance for Mexicans (CIAM) (2/28/17)

Cite as AILA Doc. No. 17031533.