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
Policy Brief: Ending the Reign of Lozada and Removing Barriers to Ineffective Assistance of Counsel Claims in Immigration Law
People rely on attorneys during stressful times, and ineffective assistance of counsel can have severe consequences. AILA provides a policy brief on how the Lozada standard burdens immigrants and attorneys in their effort to pursue justice when IAC occurs in removal proceedings.
CA3 Holds That Time Spent in Pretrial Detention Is Confinement as a Result of Conviction under the INA
The court held that pre-conviction detention credited toward a defendant’s sentence is confinement “as a result of conviction” under INA §101(f)(7), thus precluding a finding of good moral character under the cancellation of removal statute. (Aguilar v. Att’y Gen., 7/10/24)
CA8 Remands Asylum Claim of Pastor of Christian Church in El Salvador Who Was Targeted by MS-13 Gang Members
The court held that the BIA and IJ failed to conduct the required careful examination of the record to determine whether religion may have been one of multiple central reasons for the gang members’ persecution of the petitioner in El Salvador. (Rivera v. Garland, 7/5/24)
AILA and the Council Submit Comment on the Secure the Border Interim Final Rule
AILA and the American Immigration Council submitted a comment to DHS and DOJ's Interim Final Rule titled, Securing the Border, stating that, "AILA and the Council oppose the interim regulations because they will return vulnerable individuals who deserve protection from danger and potential death."
EOIR Launches Respondent Access Portal Furthering the Access EOIR Initiative
EOIR announced the launch of Respondent Access Portal, a secure online platform that allows unrepresented individuals who have a hearing scheduled to view their case information and scheduled hearings online, download their electronic case file, and file documents with the immigration court.
CA9 Holds That California Carjacking Is Not a Crime of Violence under INA §101(a)(43)(F)
The court concluded that a conviction for carjacking in California under Cal. Pen. Code §215(a) was not a categorical crime of violence, and that the BIA erroneously determined that the petitioner had waived his challenge to the moral turpitude removal charge. (Gutierrez v. Garland, 7/2/24)
CA1 Finds That Guatemalan Petitioner’s Proposed PSG of “Climate Refugee” Was Not Legally Cognizable
The court held that the BIA did not err in finding that petitioner had failed to show that his proposed particular social group (PSG)—“climate refugee”—was legally cognizable, upholding the IJ’s determinization that it lacked social distinction in Guatemala. (Cruz Galicia v. Garland, 7/1/24
BIA Issues Memo on the Handling of Classified Information at the BIA
The BIA issued BIA Operating Policies and Procedures Memorandum 24-01, Classified Information at the Board of Immigration Appeals, on the proper handling of classified information at the BIA.
Practice Alert: EOIR Giving Respondents “Notice of Failure to Prosecute”
AILA’s EOIR National Committee provides a practice alert on EOIR's "Notice of Failure to Prosecute" to ensure attorneys are aware of how EOIR is handling Respondents who appear in immigration court on the date and time listed on an NTA that DHS has failed to file with the Immigration Court.
BIA Invites Amicus Briefs on Scope of IJ's Duty to Develop the Record for Pro Se Respondents
The BIA invites amicus briefs on the issue of the scope of the Immigration Judge's duty to develop the record for a pro se respondent and if this duty is affected by individual characteristics of the respondents, such as education level or language ability. Briefs are due by 7/29/24.
CA9 Holds That Conviction in California for Impeding Person from Reporting Crime Was Offense “Relating to Obstruction of Justice”
The court held that the petitioner’s conviction in California for violating Cal. Penal Code §136.1(b)(1), which encompasses conduct geared toward impeding a person from reporting a crime, qualified as an aggravated felony under INA §101(a)(43)(S). (Cordero-Garcia v. Garland, 6/27/24)
Practice Alert: Dilley Detention Closure Opportunity to Advocate for Release
ICE announced on June 10 that they are closing the South Texas Family Residential Center in Dilley, Texas. AILA members can direct requests for release or parole to snalegalaccess-dilley@ice.dhs.gov. For most cases, ICE will consider release to a sponsor, family member, or NGO.
Think Immigration: For Pride Month, and Every Month of the Year – Gender Affirming Language in Immigration Court
On the AILA Blog: Think Immigration, the authors of a recent practice resource “Gender Affirming Language in Immigration Court” ask, and begin answering, a key question for all of us: how can we build a more gender-affirming courtroom together?
CA9 Holds That Petitioner’s Jehovah’s Witness Faith Was One Central Reason for His Feared Harm in El Salvador
The court held that the BIA erred in determining the petitioner was not eligible for asylum because he was not targeted due to a protected ground, finding that the record compelled the conclusion that religion was one central reason for his feared harm. (Alfaro Manzano v. Garland, 6/25/24)
CA7 Finds It Lacks Jurisdiction to Review IJ’s Denial of Petitioner’s Request for Cancellation under Wilkinson v. Garland
The court held that, under the U.S. Supreme Court’s recent ruling in Wilkinson v. Garland, it lacked jurisdiction to consider the Mexican petitioner’s challenge to the IJ’s discretionary decision denying cancellation of removal. (Santiago Lopez v. Garland, 6/24/24)
ICE Provides Alternatives to Detention Frequently Asked Questions
ICE provides Q&As related to alternatives to detention, topics include Tech and Privacy Questions; Legal Access Questions; Enrollment, Escalation, and Termination Questions; Case Management Questions; Compliance Questions; and Other Questions.
Practice Alert: ICE Issues Standard Operating Procedures For Detention Closures
On March 2, 2022, ICE issued a new Standard Operation Procedure (SOP) for detention closures. This practice alert summarizes key SOP procedures including notification to counsel, affirmative review of detained cases, and a 10-day pause on transfers to submit release request.
Practice Alert: Prosecutorial Discretion Local Guidance
AILA provides a practice alert to notify members that after the district court nationwide vacatur of the Mayorkas memo took effect on 6/25/22, local Standard Operating Procedures (SOPs) on prosecutorial discretion are not currently in effect. ICE has updated its website to reflect the same.
CA3 Concludes That Removal Order Is Not Final Until Decision Has Been Made on Request for Withholding of Removal
The court held that INA §242(b)(1)’s 30-day filing deadline to seek judicial review of a removal order is nonjurisdictional, and that a removal order is not final until a decision has been made on a noncitizen’s request for withholding of removal. (Inestroza-Tosta v. Att’y Gen., 6/21/24)
CA4 Upholds Denial of CAT Deferral to Salvadoran Petitioner with Gang-Related Tattoos and Criminal Record
The court held that the IJ did not ignore experts’ testimony and the agency applied the correct legal standard in finding that petitioner had not shown he was likely to suffer torture in El Salvador due to his gang-related tattoos and criminal record. (Lopez-Sorto v. Garland, 5/31/24)
CA8 Finds That Petitioner’s Conviction in Iowa Did Not Qualify as Sexual Abuse of a Minor under INA §101(a)(43)(A)
Granting the petition for review, the court held that the petitioner’s Iowa conviction for knowingly purchasing or possessing visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act was not an aggravated felony. (Huynh v. Garland, 5/28/24)
CA9 Rejects Petitioner’s Challenge to Authenticity and Reliability of Government Exhibits Relied on for Removability Ruling
The court held that the BIA and IJ did not err by admitting exhibits the government offered to prove petitioner’s removability, finding that petitioner failed to preserve most of his authentication challenges and that the record supported the documents’ reliability. (Smith v. Garland, 6/3/24)
CA11 Upholds Withholding of Removal and CAT Denial to Transgender Petitioner from Mexico
The court held that the petitioner failed to show a likelihood of future persecution or torture in Mexico based on transgender status, and thus upheld the BIA’s denial of their claims for withholding of removal and relief under the Convention Against Torture (CAT). (A.P.A. v. Garland, 6/6/24)
Practice Alert: New “Recent Arrivals” Docket in Immigration Court
AILA provides a practice alert on the Recent Arrivals docket (RA docket), which will initially operate in Atlanta, Boston, Chicago, Los Angeles, and New York City. Immigration courts will begin hearing the RA docket the last week of June 2024, and other cases may be rescheduled due to this docket.
Practice Pointer: Advocating in Immigration Court Where OPLA Doesn’t Appear or Does Not Respond
Practitioners have seen increasing instances of OPLA (1) not appearing at immigration court hearings and (2) not filing responses to noncitizens’ motions and other filings with the immigration court. This practice pointer discusses strategies for AILA members to consider in light of this reality.