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
CA8 Reverses Habeas Decision After Finding That Appellee’s Year-Long Detention Did Not Violate His Due Process Rights
The court reversed the judgment of the district court and remanded for the denial of the appellee’s habeas petition, concluding that, pursuant to U.S. Supreme Court precedent, due process imposes no time limit on detention pending removal. (Banyee v. Garland, et al., 9/17/24)
CA9 Remands for BIA to Assess Whether Exceptional Circumstances Warranted Recission of Petitioner’s In Absentia Removal Order
The court held that the BIA did not consider the totality of the circumstances, and thus granted the petition for review and remanded for the BIA to more fully address whether exceptional circumstances warranted recission of petitioner’s in absentia removal order. (Singh v. Garland, 9/17/24
EOIR's Varick Immigration Court to Host Model Hearing Program Event
Join the EOIR's Model Hearing Program on 9/30/24, at New York – Varick Immigration Court and via Webex. This event offers crucial training on Asylum, Withholding of Removal, and related protections. Register by email for in-person attendance or via Webex. For details, contact PAO.EOIR@usdoj.gov.
Practice Management Resources
The practice of law is a profession, but your law practice is a business. Whether you seek assistance with managing your work flow, obtaining new clients, dealing with staff, enhancing finances, or incorporating technology, AILA resources can help you achieve even greater success.
EOIR Announces Language Access Plan
EOIR has unveiled its Language Access Plan, in accordance with Executive Order No. 13166, to enhance services for individuals with limited English proficiency. This plan reflects EOIR's commitment to ensuring equitable access while aligning with DOJ's broader efforts.
CA2 Finds BIA Incorrectly Applied “Unable or Unwilling to Control” Standard Where Honduran Petitioner Was Abused as a Child
The court found that, in deciding that petitioner failed to show that Honduran officials were unable or unwilling to protect her, the BIA failed to consider whether it would have been futile for an abused child to seek protection from the government. (Castellanos-Ventura v. Garland, 9/13/24)
Think Immigration: BIA Hands Immigration Judges the Whiteout to “Fix” Defective NTAs
AILA Past President Jeremy McKinney writes about the BIA decision in Matter of R- T- P- allowing immigration judges to “cure” defective NTAs, making them an agent of the prosecutors. This is the latest sign that an independent immigration court is necessary to ensure justice and due process.
CA9 Holds That Petitioner’s Municipal Convictions for Petty Larceny Were CIMTs
Denying the petition for review, the court found that the BIA correctly concluded that petitioner’s petit larceny convictions under Reno Municipal Code §8.10.040 were crimes involving moral turpitude (CIMTs) that rendered him removable under INA §237(a)(2)(A)(ii). (Lopez v. Garland, 9/11/24)
Think Immigration: From “Alien” to “Noncitizen”: The Subtle Power of Language in U.S. Appellate Courts
AILA Law Student Member Bill De La Rosa and co-author Zachary Neilson-Papish share new research examining how terms like “alien” and “noncitizen” have been used in U.S. courts of appeal in an effort to “gain insights into potential biases and work toward a more equitable legal system.”
Practice Pointer: Using ICE’s Electronic G-28 Platform (ERO E-File) for Adults and Minors
AILA provides tips on using ICE's ERO E-File, which launched on February 28, 2024, and updated on August 9. ERO E-File is an online system for attorneys to electronically file Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) with ICE.
BIA Says That IJ May Make Written Amendments to Remedy Noncompliant NTA upon DHS’s Motion
The BIA held that written amendments made by an IJ, upon the motion of DHS, to the time and place of the hearing on the Notice to Appear (NTA) may satisfy the requirements for a proper remedy to a noncompliant NTA. Matter of R–T–P–, 28 I&N Dec. 828 (BIA 2024)
Practice Alert: Biometrics Fees for EOIR 42A and EOIR 42B Changed April 1
AILA reminds members that as of 4/1/24, the biometric fee for EOIR 42A and EOIR 42B is $30. This change (previously $85) has been leading to an increased number of USCIS rejections.
CA9 Remands Denial of Petitioner’s Motion to Reopen Where BIA Misconstrued Nature of Vacatur of Petitioner’s California Conviction
The court granted the petition for panel rehearing and issued an amended opinion in the case, which held that the BIA misconstrued the nature of the vacatur of petitioner’s California conviction and misapplied the court’s equitable tolling precedent. (Bent v. Garland, 8/15/24, amended 9/6/24)
Practice Pointer: Using the ICE Case Review Process
AILA’s National ICE Liaison Committee provides an updated practice pointer on using the ICE Case Review (ICR) process to overturn negative custody determinations or stays of removal at the local field office level.
CA2 Upholds Denial of Cancellation of Removal to Petitioner Whose Daughter Had Mental Health Conditions
The court held that the BIA and IJ did not err in denying cancellation of removal, upholding the conclusion that the hardships the petitioner’s daughter might face were not exceptional and extremely unusual as required by INA §240A(b)(1)(D). (Garcia Carrera v. Garland, 7/3/24, amended 9/3/24)
AILA Submits Amicus to Supreme Court on "Realistic Probability" Test
AILA submitted amicus brief to the Supreme Court arguing that the "realistic probability" test should not apply in every categorical approach case because there are cases in which the statute of conviction is, on its face, broader than the generic federal offense.
CA9 Finds That IJ Erred by Refusing to Consider New Evidence at Petitioner’s Reasonable Fear Review Hearing
The court held that the IJ erred by failing to exercise discretion and, instead, automatically refusing to consider the petitioner’s new evidence of rape and country conditions in Peru on the erroneous belief that he lacked the discretion to consider it. (Dominguez Ojeda v. Garland, 8/29/24)
CA4 Says BIA Abused Its Discretion in Denying Reconsideration by Using More Burdensome Reopening Standard
The court held that the BIA abused its discretion in denying reconsideration of its earlier denial of petitioner’s motion to reopen his proceedings, concluding that BIA flouted its own precedents by ratifying the use of the more burdensome Coelho standard. (Mouns v. Garland, 8/28/24)
BIA Holds That INA §237(a)(2)(E)(i) Does Not Exclude Attempt Offenses
The BIA held that a conviction for an attempt to commit a crime may constitute a crime of child abuse, child neglect, or child abandonment, and found that respondent’s Texas conviction for attempted injury to a child rendered him removable. Matter of D. Rodriguez, 28 I&N Dec. 815 (BIA 2024)
CA1 Upholds Agency’s No-Nexus Finding as to Petitioner Whose PSG Was “Brazilian Women”
The court held that substantial evidence supported the agency’s conclusion that there was no nexus between the petitioner’s membership in her proposed particular social group (PSG) consisting of “Brazilian women” and the harm she suffered. (Soares da Silva Pazine v. Garland, 8/27/24)
CA9 Holds That INA §309(c) Requires Showing of Mother’s Continuous Physical Presence to Prove Child’s Citizenship
The court found that the district court did not clearly err in determining that the petitioner had failed to establish his mother’s continuous physical presence in the United States for one year, and thus had failed to prove that he was a U.S. citizen. (Meza-Carmona v. Garland, 8/26/24)
CA9 Holds That It Lacks Jurisdiction to Review Adverse Credibility Finding Underlying Denial of Petitioner’s Good Faith Marriage Waiver
The court held that, pursuant to recent Supreme Court precedent, it lacked jurisdiction under INA §242(a)(2)(B)(ii) to address the petitioner’s challenge to review the adverse credibility finding underlying the BIA’s denial of his good faith marriage waiver. (Zia v. Garland, 8/26/24)
What Project 2025 Says About Immigration
The American Immigration Council examines Project 2025, a restrictive immigration agenda for a potential second Trump term. The plan seeks to limit legal immigration, expand enforcement, and prepare for mass deportations, while restructuring agencies to centralize power and reduce transparency.
EOIR Updated Guidance for Receipts of DHS NTAs
EOIR provides updated standards regarding the receipt of Notices to Appear (NTAs) filed by DHS. Due to technology advances and the need for advanced filing of NTAs to allow IJs to manage their dockets, EOIR is updating its policy to require DHS to file NTAs closer in time to service.
AILA Sends Recommendations for Executive Action and Regulations on Immigration
AILA sent a letter to the White House with recommendations for executive action and regulations on immigration to ensure that the positive policy changes made during the Biden Administration are codified or otherwise made permanent.