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
Practice Alert: Leveraging Local Liaison - Local ICE Contact Information and Local AILA ICE Liaison Information
AILA’s local ICE Liaisons have shared their contact information and local ICE contact information with AILA National’s ICE Liaison Committee. The contact information is organized by chapter.
Practice Alert: What Happens If the Government Shuts Down
House Republicans continue to try and avoid a government shutdown, hours before the late Friday deadline, after their second funding proposal was defeated Thursday night. Use this page to know what might happen if the government does shut down.
GAO Report: Actions Needed to Improve Tracking of Noncitizens' Hearing Appearances in Immigration Courts
GAO issued a report highlighting DOJ's failure to reliably track noncitizens' attendance at immigration hearings and recommends improvements to EOIR's system for better data accuracy and informed decision-making on in absentia removal rates.
Partners Provide Key Takeaways from J.O.P. v. DHS Settlement Agreement
Partners created a one-pager with five key takeaways from the J.O.P. v. DHS settlement agreement, including a reminder that USCIS must receive the prospective class member's I-589 by February 24, 2025.
CA1 Remands After Finding BIA Improperly Rejected Petitioner’s Unopposed Remand Request
The court held that the BIA improperly denied the petitioner’s unopposed remand motion both by arbitrarily deviating from a standard course of practice and by improperly engaging in factfinding in violation of 8 CFR §1003.1(d)(3). (Badose v. Garland, 9/20/24, amended 12/19/24)
EOIR Memo on Asylum EAD Clock in Immigration Proceedings
Chief Immigration Judge Sheila McNulty issued Operating Policies and Procedures Memorandum (OPPM) 25-01 providing directives on the proper handling of the Asylum Employment Authorization Document (EAD) Clock in immigration court proceedings and within the immigration courts.
CA5 Upholds Denial of Cancellation After Finding Hardships to Petitioner’s Son Would Not Be Exceptional and Extremely Unusual
The court upheld the BIA’s denial of petitioner’s cancellation application, finding that the emotional, psychological, medical, and financial hardships that his U.S. citizen son might suffer were “common and normal” consequences of an ordinary removal. (Cuenca-Arroyo v. Garland, 12/18/24)
DHS Final Rule on Application of Certain Mandatory Bars in Fear Screenings
DHS final rule amending its regulations to allow asylum officers to consider the potential application of certain bars to asylum and statutory withholding of removal during credible fear and reasonable fear screenings. Rule is effective 1/17/25. (89 FR 103370, 12/18/24)
CA4 Holds It Lacks Jurisdiction to Consider Petitioner’s Waiver of Inadmissibility under INA §212(h)
The court held it was not permitted to review the BIA’s denial of petitioner’s inadmissibility waiver application, concluding that the BIA need not make an extreme hardship finding to deny an inadmissibility waiver application on discretionary grounds. (Salomon-Guillen v. Garland, 12/18/24)
CA5 Finds Petitioner’s NOH Gave Sufficient Notice under Recent Supreme Court Precedent
The court granted the government’s petition for rehearing in light of the U.S. Supreme Court’s decision in Campos-Chaves v. Garland, and found that the Notice of Hearing (NOH) had provided the petitioner with the notice required under INA §240(a)(2)(A). (Luna v. Garland, 12/17/24)
USCIS Provides Updated Instructions for Submitting Certain Applications in Immigration Court and for Providing Biometrics and Biographic Information
USCIS updated its instructions for submitting certain applications in immigration court and for providing biometrics and biometric information to USCIS, noting that the instructions provide that I-589 applicants will no longer need to mail USCIS information to complete their biometrics collection.
BIA Holds That Circumstance-Specific Approach Applies to INA §101(a)(43)(D)’s $10,000 Threshold for Money Laundering Offenses
The BIA held that, in assessing whether an offense constitutes a money laundering aggravated felony under INA §101(a)(43)(D), the circumstance-specific approach applies to the requirement that the “amount of the funds exceeded $10,000.” Matter of Dominguez Reyes, 28 I&N Dec. 878 (BIA 2024)
CA1 Finds Multiple Inconsistencies and Omissions in Record Supported IJ’s Adverse Credibility Determination as to Congolese Petitioner
The court held that substantial evidence supported the BIA’s denial of asylum, where the BIA had expressly discussed four inconsistencies and omissions in comparing petitioner’s declaration, application, documentary evidence, and testimony before the IJ. (Mondzali Bopaka v. Garland, 12/13/24)
CA8 Holds That Conviction for Third-Degree Criminal Sexual Conduct in Minnesota Is Not Categorically a Rape Aggravated Felony
The court held that a conviction for third-degree criminal sexual conduct in Minnesota was not categorically an aggravated felony, and noted “deference to the Board … is now a relic of the past” due to the Supreme Court’s Loper Bright decision. (Quito-Guachichulca v. Garland, 12/9/24)
AILA Submits Statement for Senate Hearing on Mass Deportations
AILA submits a statement for the record for the 12/10/24 Senate hearing on mass deportation, "How Mass Deportations Will Separate American Families, Harm Our Armed Forces, and Devastate Our Economy."
CA1 Finds BIA Erred in Concluding Salvadoran Petitioner’s Asylum Claim Was Untimely
The court found that the BIA erred in rejecting the Salvadoran petitioner’s contention that he had satisfied the changed circumstances exception to the one-year deadline for filing an asylum application based on the development of his mental health issues. (Escobar Larin v. Garland, 12/5/24)
Practice Alert: Advocating for Clients in ICE's Alternatives to Detention Programs
AILA, AMICA Center for Immigrant Rights, and Just Futures Law provide a comprehensive resource for requesting changes to a client’s reporting and technology requirements enrolled in ICE’s Alternatives to Detentions program, including federal litigation options.
Practice Pointer: Recognizing Matter of Fernandes Issue, How and When to Raise It, and Other Considerations
AILA’s Removal Defense Section updates its practice pointer on Matter of Fernandes and considerations an attorney should keep in mind when raising an objection pursuant to Fernandes.
AILA Meets with USCIS to Discuss Technology, Policy, and Adjudication Updates
AILA's Liaison Committee will meet with USCIS in December 2024 to discuss family nad humanitarian applications and related processing, lockbox operations, and FY2026 H-1B cap registrations. Read the agenda.
CA9 Strikes Down Executive Order That Prohibited FBOs from Servicing ICE Charter Flights at Seattle Airport
The court affirmed the district court’s grant of summary judgment for the United States, concluding that a King County Executive Order (EO) prohibiting fixed base operators (FBOs) from operating ICE charter flights at Boeing Field was unconstitutional. (United States v. King County, 11/29/24)
CA4 Upholds BIA’s Conclusion That Petitioner’s Challenge to IJ’s Particularly Serious Crime Ruling Was Waived
The court upheld the BIA’s conclusion that the petitioner, who had been convicted in Maryland of an identity fraud offense, had not properly challenged the IJ’s determination that he had been convicted of a particularly serious crime barring asylum. (Lamine Kouyate v. Garland, 11/27/24)
Practice Pointer: Filing Administrative Complaints and Requesting Investigations on Behalf of Detainees
AILA provides a practice pointer on how to file an administrative complaint with DHS on behalf of detained and formerly detained noncitizens.
Practice Pointer: DOJ Regulations on Efficient Case and Docket Management in Immigration Proceedings
AILA's EOIR Committee provides a practice pointer on DOJ regulations that codified the ability of EOIR adjudicators to administratively close and terminate removal proceedings when certain standards are met.
CA1 Finds BIA Erred in Determining Record Evidence Was Insufficient to Establish Equitable Tolling
The court concluded that the BIA applied the incorrect legal standard, overlooked certain evidence, and departed from its precedent in determining that the petitioner was not entitled to equitable tolling of the deadline for her appeal to the BIA. (Diaz-Valdez v. Garland, 11/22/24)
Featured Issue: ICE’s Alternatives to Detention Program
This page explains ICE's ATD program, which monitors up to 376,000 non-detained individuals.