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
EOIR 30-Day Notice and Request for Comments on Proposed Revisions to Forms EOIR-42A and EOIR-42B
EOIR 30-day notice and request for comments on proposed revisions to Form EOIR-42A and Form EOIR-42B. Comments are due 12/5/22. (87 FR 66326, 11/3/22)
AILA Policy Brief: Case Management: An Effective and Humane Alternative to Detention
AILA summarizes current DHS alternative to detention options and urges Congress to fund a new approach. Case management programs are a more humane and effective approach to obtaining compliance with immigration requirements while also helping migrants navigate complex removal proceedings.
CA2 Finds That BIA Properly Applied De Novo Review to IJ’s Request for Corroborating Evidence
The court held that the BIA properly applied de novo review to the IJ’s request for corroborating evidence and properly reviewed for clear error the IJ’s finding that petitioner failed to produce the requested evidence that he reasonably could have obtained. (Pinel-Gomez v. Garland, 11/2/22)
CA8 Upholds BIA’s Denial of Motion to Reconsider After Finding Petitioners Waived Challenge to IJ’s Past Persecution Determination
Upholding BIA’s denial of the motion to reconsider, the court held that petitioners failed to challenge the determinative issue of whether the Salvadoran government had inflicted or acquiesced in their persecution, and thus their claims for relief failed. (Coreas-Chavez v. Garland, 11/1/22)
CA2 Upholds BIA’s Denial of Asylum as to Ecuadorian Petitioner of Quechua Ethnicity
Denying the petition for review, the court held that the BIA did not err in denying petitioner’s withholding of removal claim when it required him to demonstrate that his Quechua ethnicity was at least one central reason motivating his claimed persecution. (Quituizaca v. Garland, 11/1/22)
CA4 Says Death Threats Asylum Applicant Received Were Due to Her Perceived Ownership of Land and Not Familial Relationship
The court held that substantial evidence supported the BIA’s finding that Honduran drug traffickers targeted petitioner because of her perceived ownership claim to the land of her deceased husband, rather than because of her familial relationship to him. (Madrid-Montoya v. Garland, 10/31/22)
CA9 Says Petitioner’s Conviction in California for Assault with a Deadly Weapon Was for a Particularly Serious Crime
Denying the petition for review, the court held that the BIA did not err in determining that petitioner’s California conviction for assault with a deadly weapon was for a particularly serious crime, making him ineligible for asylum and withholding of removal. (Hernandez v. Garland, 10/31/22)
EOIR Announces 32 New Immigration Judges
EOIR announced the appointment of 32 immigration judges to courts in California, Florida, Georgia, Illinois, Maryland, New York, Tennessee, Texas, and Virginia.
CA5 Holds That BIA Erred by Failing to Consider Petitioner’s Evidence of Changed Country Conditions in Cameroon
The court granted the petition for review and remanded for further consideration of the petitioner’s Convention Against Torture (CAT) claim, finding that the BIA had failed to consider the petitioner’s evidence of changed country conditions in Cameroon. (Ndifon v. Garland, 10/4/22)
Practice Alert: District Court Extends Existing Injunction to DACA Regulations
On 8/30/22, USCIS published a final rule codifying DACA. On 10/14/22, the Southern District of Texas issued an order partially blocking these regulations from going into effect but allowing USCIS to continue adjudicating DACA renewal applications.
What Is Needed for a Motion to Substitute?
If an attorney is taking over representation of a client in removal proceedings from another attorney, a motion to substitute is needed. This tutorial will explain what is needed in a motion to substitute.
Speaker: Ben Crouse
What Is Needed for a Motion to Withdraw?
If an attorney cannot continue representation of a client in removal proceedings, a motion to withdraw is needed or else the attorney will be liable for not continuing with the representation. This tutorial will explain what is needed for a motion to withdraw.
Speaker: Ben Crouse
When Can the 212(d)(3) Waiver Be Used?
This video will explore in what circumstances the 212(d)(3) waiver can be used.
Speaker: Camiel Becker
AILA Provides Minutes and Key Takeaways from Fall Meeting with ICE
AILA’s ICE Liaison Committee provided the minutes and key takeaways from its 10/25/22 meeting with ICE. Topics include prosecutorial discretion, notices to appear, I-551 and Form I-485 issues, biometrics, Webex and physical appearances, and more.
CA5 Upholds Denial of Asylum to Petitioner Whose Proposed Social Group Consisted of Being a Family Member of Her Uncle
Where petitioner sought asylum based on membership in a proposed social group consisting of being a family member of her uncle, the court found there was no factual nexus between her proposed group and the alleged harm she had experienced in El Salvador. (Guevara-Fabian v. Garland, 10/25/22)
CA10 Finds That BIA Lacks Authority to Reconsider Removal Order of Petitioner Who Reentered Illegally
Denying the petition for review, the court held that INA §241(a)(5) clearly strips the BIA of authority to review a prior order of removal or to grant any relief provided by the INA once a removed noncitizen illegally reenters the United States. (Zapata-Chacon v. Garland, 10/25/22)
CA9 Says It Lacks Jurisdiction to Review Expedited Removal Orders, Including Review of Constitutional Claims
The court held that it lacked jurisdiction over the petition for review, finding that Congress has clearly precluded it from asserting jurisdiction over the merits of individual expedited removal orders, even with regard to constitutional challenges. (Mendoza-Linares v. Garland, 10/24/22)
CA4 Upholds Denial of Asylum to Salvadoran Petitioner Who Witnessed Gang Activity and Filed Police Report
The court held that the petitioner’s proposed social group consisting of “Salvadoran women who are witnesses to gang criminal activity and targeted because they filed a police report” was not a cognizable particular social group (PSG) under the INA. (Morales v. Garland, 10/24/22)
What Happened When I Actually Helped a Military Service Member
AILA Pro Bono Committee member Samantha Jiménez shares two inspiring examples of cases she was able to resolve for Military Service members through AILA's Military Assistance Program, using her immigration law expertise to give families much needed safety and security as their loved ones deploy.
Available MAP Cases
Use your immigration knowledge to help a military service member in need today. Take a case through the AILA Military Assistance Program’s new online system! Search by case type or location, share cases with colleagues, and sign up directly for a case through this easy-to-use online portal.
CA1 Holds That BIA Applied Incorrect Standard in Upholding IJ’s Denial of CAT Relief to Honduran Petitioner
The court concluded that, by requiring a showing of willful acceptance rather than willful blindness, the BIA applied the incorrect standard of review in upholding the IJ’s denial of Convention Against Torture (CAT) relief to the Honduran petitioner. (H.H. v. Garland, 10/21/22)
CA1 Says BIA Erred in Holding That People Who Are Incorrectly Perceived to Be Gang Members Cannot Be a PSG
Granting the petition for review and remanding, the court found that the BIA erred in holding that a group of people who are incorrectly perceived to be members of gangs cannot, as a categorical matter, constitute a particular social group (PSG) under the INA. (Chavez v. Garland, 10/21/22)
CA9 Remands CAT Claim Where Record Showed That Petitioner’s Attackers Were Guatemalan Police Officers
Granting the petition for review, the court held that the record showed that two of the petitioner’s attackers were police officers, and that the police officers’ participation in his attack showed acquiescence on the part of the Guatemalan government. (De Leon Lopez v. Garland, 10/21/22)
AILA and Partners Send Letter to Congress Urging Creation of Permanent Protections for Dreamers
AILA and partners sent a letter urging congressional leaders to swiftly pass legislative protections for Dreamers.
CA9 Upholds Denial of Asylum to Chinese Petitioner Who Claimed He Was Persecuted in China for His Christian Faith
The court found that the BIA’s affirmance of the IJ’s adverse credibility determination was supported by substantial evidence, considering the totality of the administrative record, particularly the IJ’s findings about the petitioner’s demeanor and lack of candor. (Dong v. Garland, 10/19/22)