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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
CA4 Upholds Cancellation of Removal Denial After Finding EOIR Policy Was Not Binding
The court held that EOIR’s OPPM 17-04 on reserved grants of cancellation of removal was not binding and thus did not create any enforceable right, and that, alternatively, it would not have required a ruling in the petitioner’s case within five days. (Zalaya Orellana v. Bondi, 6/24/25)
SCOTUS Allows DHS to Resume Third-Country Removals Without Advance Notice for Now
The U.S. Supreme Court issued a stay of a district court ruling barring DHS from sending noncitizens to countries where they are not nationals without advance notice as litigation continues. Justice Sotomayor issued a dissent. (Department of Homeland Security, et al. v. D.V.D., et al., 6/23/25)
CA2 Finds Petitioner Derived Citizenship from Mother’s Naturalization Where Paternity Was Not Established by Legitimation
The court held that the Salvadoran petitioner’s paternity was not “established by legitimation” under former INA §321, and thus found that the petitioner derived U.S. citizenship through his mother’s naturalization and was not removable. (Lainez v. Bondi, 6/23/25)
CA7 Upholds Asylum Denial After Finding Petitioner Could Reasonably Relocate within India
The court held that substantial evidence supported the BIA’s conclusion that petitioner could reasonably relocate within India to avoid persecution, and thus that he was ineligible for asylum, withholding of removal, and Convention Against Torture (CAT) protection. (Singh v. Bondi, 6/23/25)
CA11 Finds That Honduran Business Owners Targeted for Wealth Is Not a Cognizable PSG
The court upheld the BIA’s denial of asylum, finding that the petitioner’s proposed particular social group (PSG)—Honduran business owners who are “perceived as having wealth” and are “target[s] of threats and extortion by … criminal gangs”—was overly broad. (Ponce v. Att’y Gen., 6/23/25)
BIA Finds Respondent’s Speculative Eligibility for Adjustment Insufficient to Warrant Termination of Proceedings
The BIA held that termination of removal proceedings is not warranted to allow a respondent to seek adjustment of status under the Cuban Refugee Adjustment Act based on speculation that USCIS will grant them parole under INA §212(d)(5)(A). Matter of Roque-Izada, 29 I&N Dec. 106 (BIA 2025)
CA9 Holds That BIA Abused Its Discretion by Declining to Remand to IJ for Competency Determination
Granting in part the petition for review, the court held that the record evidence, including head trauma, alcohol abuse, dementia, anxiety, depression, and memory disturbance, clearly contained indicia of incompetence warranting further inquiry by the IJ. (Lemus-Escobar v. Bondi, 6/16/25)
BIA Finds IJ Erred in Concluding Respondent Would More Likely Than Not Be Tortured in Detention in Haiti
The BIA concluded that the IJ factually and legally erred in determining that the respondent established that he more likely than not would be tortured in detention in Haiti by or with the acquiescence of a public official upon his removal. Matter of S–S–, 29 I&N Dec. 136 (BIA 2025)
Call for Examples – Affirmative I-589 “dismissed” by USCIS because applicant has a prior Expedited Removal Order (Form I-860)
AILA’s Asylum and Refugee Committee has received reports that some affirmative asylum applications are being dismissed by the Asylum Vetting Center on the basis of alleged expedited removal orders. The committee is currently gathering examples to better understand the scope and nature of this issue.
CA2 Holds That Clear Error Is Appropriate Standard of Review for Evaluating Hardship Determinations
The court held that clear error is the appropriate standard of review for evaluating hardship determinations, and upheld the agency’s finding that the petitioner failed to show the hardship required for cancellation of removal under INA §240A(b)(1)(D). (Toalombo Yanez v. Bondi, 6/13/25)
Practice Alert: EOIR Guidance to Immigration Judges on Dismissals and Other Adjudications
On May 30th, 2025, immigration judges nationwide received instructions on how to adjudicate the recent wave of dismissal requests from ICE OPLA. Read this practice alert for the text of the email and accompanying guidance.
DOJ Files Lawsuit to Stop New York’s Protect Our Courts Act
DOJ filed suit against the state of New York to stop the Protect Our Courts Act, a 2020 state law that prohibits federal officers from conducting civil arrests in or around courthouses without a warrant signed by a judge. (United States v. New York, 6/12/25)
BIA Vacates IJ’s Release on Bond Order After Finding Respondent Failed to Show She Was Not a Flight Risk
The BIA held that a grant of withholding of removal that is pending on appeal does not justify release on bond where the factors regarding flight risk weigh strongly against release on bond. Matter of E–Y–F–G–, 29 I&N Dec. 103 (BIA 2025)
CA9 Remands Asylum Claim Where BIA Failed to Consider Impact of Petitioner’s Past Experiences on Her Religious Practice
The court concluded that, in determining whether the Brazilian petitioner experienced harm rising to the level of persecution, neither the BIA nor the IJ considered the impact of petitioner’s past experiences on her ability to freely practice her religion. (De Souza Silva v. Bondi, 6/11/25)
Take Action: Demand Congress to Protect Due Process and Stop the Administration from Undermining the Integrity of the Immigration Courts
The administration is targeting noncitizens at immigration courts and USCIS field offices through coordinated arrests that violate due process. Urge your Member of Congress to conduct oversight, investigate the interagency abuse, and protect the integrity of the immigration process.
CA9 Remands After BIA Failed to Explain Its Refusal to Consider Petitioner’s Ineffective Assistance Claim
Granting the petition for review, the court concluded that the BIA abused its discretion by failing to offer a reasoned explanation for its determination that it could not or should not review claims of ineffective assistance of counsel before a different tribunal. (Li v. Bondi, 6/10/25)
DHS Announces Fine Forgiveness for Noncitizens Who “Self-Deport”
DHS announced that noncitizens who “self-deport” through the CBP Home App will receive forgiveness of any civil fines or penalties for failing to depart the U.S. Currently, individuals can be fined nearly $1,000 per day they do not depart after a final deportation order.
CA7 Finds No Nexus Between Gang Threats and Petitioner’s Membership in “Young Male Salvadorans” Social Group
The court upheld the denial of the petitioner’s asylum and withholding of removal claims, holding that substantial evidence supported the IJ’s conclusion that petitioner failed to establish a nexus between the harm he suffered and his proffered social group. (De Paz-Peraza v. Bondi, 6/9/25)
Presidential Memo on DOD Security for the Protection of DHS Functions
President Trump released a memo on 6/7/25 calling on the National Guard and other Federal service members to protect ICE personnel during immigration enforcement actions. The memo calls for at least 2,000 National Guard personnel to serve for 60 days or at the DOD Secretary’s discretion.
BIA Holds That Pending Application for TPS Generally Will Not Warrant Administrative Closure
The BIA reaffirmed its holding in Matter of W–Y–U–, and concluded that a pending application for Temporary Protected Status (TPS) generally will not warrant a grant of administrative closure. Matter of B–N–K–, 29 I&N Dec. 96 (BIA 2025)
BIA Vacates CAT Grant After Finding No Individualized Risk of Torture for Bisexual Criminal Deportee with Gang Tattoos
The BIA held that the applicant, a bisexual criminal deportee with visible gang tattoos, had not established an individualized risk of torture in detention in El Salvador, and vacated the IJ’s grant of Convention Against Torture (CAT) protection. Matter of A–A–F–V–, 29 I&N Dec. 118 (BIA 2025)
86 Representatives Urge DHS to End Arrests at Immigration Courts
Rep. Dan Goldman (D-NY) led 86 House members in a letter to DHS Secretary and ICE Acting Director expressing concern over ICE enforcement operations at immigration courts and noting that many of those arrested do not have a criminal record.
BIA Holds That IJ’s Predictive Findings on Harm Respondent Would Suffer in Russia Were Speculative
The BIA held that the IJ’s predictive findings on the harm respondent would suffer in Russia based on his travel to the United States and his support for Ukraine were speculative, and vacated the grant of Convention Against Torture (CAT) protection. Matter of E–Z–, 29 I&N Dec. 123 (BIA 2025)
Practice Alert: Members reporting increased ICE arrests for people on ATD monitoring
Reports show ICE is arresting ATD individuals at ISAP/ICE check-ins nationwide.
CA4 Says Federal Conviction for Inducing Minor to Engage in Illegal Sexual Activity Was an Aggravated Felony and Crime of Child Abuse
The court concluded that the petitioner’s conviction for inducing a minor to engage in illegal sexual activity in violation of 18 USC §2422(b) was categorically an aggravated felony and a crime of child abuse under the INA. (Hsieh v. Bondi, 6/4/25)