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
Practice Alert: Implications of Matter of Aguilar Hernandez
On January 31, 2024, the Board ruled in Matter of Aguilar Hernandez that a Notice to Appear that lacks the date and time of an initial hearing cannot be remedied by DHS filing a Form I-261. AILA provides a practice alert on its implications.
Client Flyer: Deferred Action for Childhood Arrivals (DACA)
AILA provides an updated flyer for you to share with your clients to help answer basic questions about the status of the DACA program. There are two versions available: a generic PDF version and a customizable Word version.
CA7 Finds BIA Erred by Failing to Apply Clear Error Standard of Review in Reversing IJ’s Denial of CAT Relief
After first finding that it had jurisdiction, the court held that the BIA erred by failing to apply the required clear error standard of review in reversing the IJ’s denial of Convention Against Torture (CAT) relief to the Salvadoran petitioner. (F.J.A.P. v. Garland, 2/27/24)
CA8 Upholds BIA’s Denial of Motion to Reopen After Concluding Petitioner’s Objection to His Defective NTA Was Untimely
The court rejected petitioner’s arguments that BIA erred in not granting his motion to reopen and in finding his objection to the Notice to Appear (NTA) untimely, and misconstrued his motion as asking it to compel DHS to exercise prosecutorial discretion. (Amador-Morales v. Garland, 2/27/24)
CA8 Upholds Denial of Motion to Reopen After Finding Recent Events in India Were Not Material Changes of Country Conditions
Where the petitioner claimed he was fleeing political persecution by the ruling party in India, the court held that recent events in India were not material changes of country conditions that could support the petitioner’s untimely motion to reopen and remand. (Singh v. Garland, 2/23/24)
BIA Finds Respondent Did Not Prove That State Court Vacated His Conviction Due to Defect in His Criminal Proceedings
The BIA held that, where the state court order granting the respondent’s motion to vacate did not indicate the reason for the vacatur, the respondent did not prove that the court vacated the conviction due to a defect in his criminal proceedings. Matter of Azrag, 28 I&N Dec. 784 (BIA 2024)
CA2 Upholds Asylum Denial Where Petitioner Had Safely Relocated Twice in India
The court upheld BIA’s conclusion that the government had rebutted the presumption of future persecution by showing that petitioner could safely relocate within India, finding petitioner’s argument that he had been living in hiding unpersuasive. (Bhagtana v. Garland, 12/5/23, amended 2/22/24)
Resources on Case Challenging Interim Final Rule on Asylum Claims at the Southern Border
The Ninth Circuit granted the parties’ Joint Motion to Place Appeal in Abeyance pending settlement negotiations in this case and a related case, M.A. v. Mayorkas. (East Bay Sanctuary Covenant, et al. v. Biden, et al., 2/21/24)
Project 2025: Unveiling the far right’s plan to demolish immigration in a second Trump term
The Niskanen Center provides key takeaways from the Heritage Foundations Project 2025 policy playbook.
CA5 Holds That Petitioner Convicted in Texas for Possessing a Synthetic Cannabinoid Is Removable under INA §237(a)(2)(B)(i)
The court upheld the BIA’s conclusion that the petitioner failed to show there was a “realistic probability” that Texas would use the state statute he was convicted under to prosecute the possession of drugs that are not criminalized under federal law. (Alejos-Perez v. Garland, 2/16/24)
Practice Alert: DOJ’s $1.2 Million Settlement with IJ Scott D. Laurent’s Former Staff
AILA provides a practice alert after DOJ announced a $1.2 million settlement to a former staff assistant of immigration judge Scott D. Laurent, of the Los Angeles Immigration Court. As of the date of this alert, the IJ remains listed as a current judge.
White House Issues Memo on Deferred Enforced Departure for Certain Palestinians
President Biden issued a determination on 2/14/24 announcing that the United States will defer for 18 months the removal of any Palestinian subject to the conditions and exceptions provided. (89 FR 12743, 2/20/24)
CA9 Holds That Petitioner’s Conviction for Armed Robbery in Arizona Was Categorically an Aggravated Felony
The court found that a conviction for armed robbery in violation of Arizona Revised Statutes §13-1904(A), for which the term of imprisonment imposed is at least one year, is categorically an aggravated felony theft offense giving rise to removability. (Guzman-Maldonado v. Garland, 2/14/24)
CA3 Finds BIA and IJ Ignored Evidence Favorable to Somali Petitioner Regarding His CAT Claim
The court concluded that, in deciding the petitioner’s Convention Against Torture (CAT) claim, the BIA failed to consider evidence favorable to petitioner concerning whether the government of Somalia would acquiesce in his torture, and thus remanded to the BIA. (Herrow v. Att’y Gen., 2/13/24)
USCIS Provides Guidance on Processing Form I-589 After Removal Proceedings are Dismissed or Terminated
USCIS provides an updated flow chart on how it processes Form I-589 after removal proceedings are dismissed or terminated.
Client Flyer: What Happens During a Government Shutdown?
AILA provides an easy flyer for you to share with your clients to help them understand what happens to immigration-related agencies during a government shutdown. There are two versions available: a generic PDF version and a customizable Word version. Share widely.
EOIR to Transition to DOJ Login
EOIR announced new procedures for accessing the ECAS Case Portal. All users will need to take action to move from User Login IDs to a DOJ Login ID. EOIR developed detailed instructions for this phased transition and will notify users by email when to activate their new DOJ Login ID.
Practice Pointer: Top 10 Things You Need to Know about the USCIS Fee Rule
AILA provides this practice resource to alert members to the most important aspects of the new fee rule so that you may better understand the impact of the new fee schedule on your clients’ cases.
BIA Says That IJ Ordinarily Cannot Review Merits of Petition to Remove Conditions on Residence Withdrawn Prior to Adjudication
The BIA held that when a petition to remove the conditions on residence is withdrawn before USCIS prior to adjudication, the IJ ordinarily cannot review the merits of that petition in removal proceedings. Matter of Bernardo, 28 I&N Dec. 781 (BIA 2024)
CA11 Says Petitioner Lacked Standing to Bring Constitutional Challenge Against Former Statute on Derivative Citizenship
The court held that petitioner lacked standing to raise a constitutional challenge against former INA §321(a), where he alleged that the former statute discriminated against unmarried fathers based on sex and against black children based on race. (Lodge v. Att’y Gen., 1/26/24, amended 2/7/24)
CA9 Says It Lacks Jurisdiction to Review Denial of Petitioner’s Continuance and Motion to Remand Under INA §242(a)(2)(B)(i)
Applying INA §242(a)(2)(B)(i) as interpreted by the U.S. Supreme Court in Patel v. Garland, the court held that it lacked jurisdiction to review the denial of the petitioner’s continuance and motion to remand. (Figueroa Ochoa v. Garland, 6/20/23, amended 2/6/24)
Policy Brief: AILA Analysis of the Border and Immigration Provisions of the “Emergency National Security Supplemental Appropriations Act, 2024”
With unprecedented levels of global migration and an outdated U.S. immigration system pushing more migrants to the southern border, solutions are urgently needed. The Senate’s emergency spending bill includes the most extensive border funding and security measures proposed in decades, perhaps ever.
Practice Alert: Latest Information on the Juvenile Dockets
AILA provides takeaways from ICE’s stakeholder meeting on January 24, 2024, with information regarding the implementation and expansion of specialized juvenile dockets.
AILA Executive Director Responds to Release of Bipartisan Senate Bill
AILA Executive Director Ben Johnson responded to the newly released bill text from the bipartisan group of Senators negotiating the “Emergency National Security Supplemental Appropriations Act, 2024.”
CA4 Says Petitioner’s Hearing Was Not Fundamentally Unfair Despite IJ’s Erroneous Admission of Form I-9
The court held that the BIA and IJ did not err in finding that the petitioner was required to establish her admissibility “clearly and beyond doubt,” and rejected the petitioner’s contention that her evidentiary hearing was fundamentally unfair. (Santana v. Garland, 2/2/24)