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
AILA Submits Amicus Brief Urging CA9 Petition Rehearing and Rehearing En Banc in Rivera Vega
AILA submitted an amicus brief in support of the petitioner’s request for panel rehearing and rehearing en banc of Rivera Vega v. Garland, arguing that the panel’s summary Patel ruling is incorrect and would thrust the Ninth Circuit into a circuit split.
CA5 Concludes That Cancellation of Removal Is Not Available to Noncitizens Subject to Reinstatement Orders Under INA §241(a)(5)
The court held that BIA correctly determined petitioner was ineligible for cancellation of removal, reasoning that because she never challenged the order reinstating her removal, the reinstatement statute prevented her from obtaining any immigration relief. (Ruiz-Perez v. Garland, 9/30/22)
EOIR Records Released in Response to American Oversight Request on Returned Notice Docket
Records from EOIR were released in response to America Oversight’s FOIA request on the issue or practice of creating immigration court dockets based upon returned or undeliverable notices or other mail.
DHS Releases Statement on Importance of Seeking Safety and Support Regardless of Immigration Status
DHS announced that to the fullest extent possible, ICE and CBP will not conduct immigration enforcement activities at sites that are providing emergency response and relief for those affected by Hurricane Ian.
Members of Congress Send Letter to DHS Urging Quick Disenrollment of People from MPP
Members of Congress led by Representative Meeks sent a letter to DHS requesting it to quickly disenroll the remaining individuals from MPP and allow all eligible asylum seekers to return immediately to continue their court proceedings in the United States.
DHS CRCL Issues Recommendations on Implementation of ICE’s Segregation Oversight Program
DHS's CRCL issued a memo stating that it believed that ICE must more clearly define the policies and guidelines regarding the use of segregation in order to qualitatively differentiate ICE segregation from what is commonly understood as solitary confinement.
CA9 Holds It May Review Question of Law or Mixed Question of Law and Fact in Challenge to Cancellation Denial Based on Lack of Hardship
The court held that INA §242(a)(2)(D) grants it jurisdiction to review a question of law or a mixed question of law and fact presented in a challenge to an agency denial of cancellation of removal for failure to establish the requisite hardship. (De La Rosa-Rodriguez v. Garland, 9/27/22)
ICE 30-Day Notice and Request for Comments on Proposed Revisions to Form I-352
ICE 30-day notice and request for comments on proposed revisions to Form I-352, Immigration Bond. Comments are due 10/27/22. (87 FR 58515, 9/27/22)
EOIR Updates FOIA Request Process
EOIR announced that FOIA requestors are strongly encouraged to submit FOIA and Privacy Act (PA) requests through EOIR’s Public Access Link. Effective December 1, 2022, EOIR will no longer accept FOIA or PA requests by email.
CA9 Holds That California’s Ban on Privately Run Immigration Detention Facilities Is Unconstitutional
The en banc court vacated the district court’s denial of preliminary injunctive relief, holding that California Assembly Bill (AB) 32 would violate the Constitution by giving California a virtual power of review over ICE’s detention decisions. (The Geo Group, Inc. v. Newsom, et al., 9/26/22)
CA9 Finds BIA Legally Erred in Denying Sua Sponte Reopening to Petitioner
The court held that the vacatur of a conviction underlying a removal order does not excuse a late motion to reopen and thus that the petitioner’s motion to reopen was untimely, but found that the BIA erred as a matter of law in denying sua sponte reopening. (Lara-Garcia v. Garland, 9/26/22)
CA9 Holds That BIA Erred by Failing to Assess Salvadoran Petitioner’s Aggregate Risk of Torture
The court held that the BIA erred by failing to adequately consider the petitioner’s aggregate risk of torture from multiple sources, and found that the BIA also erred in rejecting the petitioner’s expert testimony. (Velasquez-Samayoa v. Garland, 6/24/22, amended 9/23/22)
How to Apply for the 212(d)(3) Waiver to the Consulate
This video will demonstrate how to prepare a 212(d)(3) waiver, and how it is submitted to the US Consulate.
Speaker: Camiel Becker
How to Change Venue for a Removal Defense Case
Pleadings requirements, acknowledging service of NTA, and stating relief. How to serve DHS, including the change of address form.
Speaker: Flomy Javier Diza
How to Interview a Client for an Asylum Declaration in a Removal Defense Case
In a removal case, what are the best practices for interviewing a client for an asylum declaration?
Speaker: Evangeline Abriel
How to Request a Fee Waiver in Immigration Court
When eligible, it is possible to request a fee waiver for defensive applications in Immigration Court. This tutorial will explain how to request a fee waiver as well as strategic considerations.
Speaker: Christopher Kozoll
Importance of an I-213 in Removal Proceedings
In removal proceedings, there is often a reference to an “I-213”. This tutorial will explain what an I-213 is and why it is very important to removal proceedings.
Speaker: Cain Oulahan
Late Filings in Immigration Court
Can I include evidence if I missed the call up date? Emergency motions to accept the late-file documents, what to say on the call or voice message.
Speaker: Ilana Greenstein
Lodging an Asylum Application at Immigration Court Without a Hearing
Forms that need to go with this filing in a basic case; how to deliver the form to the court; what you will receive back from the court administrator.
Speaker: Johanna Kelley
CA5 Upholds BIA’s Asylum Denial to Petitioner Who Was Beaten by Members of India’s Ruling Political Party
The court upheld the BIA’s denial of petitioner’s asylum claim, finding that the two beatings and subsequent injuries the petitioner had suffered at the hands of the Bharatiya Janata Party (BJP), India’s ruling political party, did not constitute past persecution. (Kumar v. Garland, 9/21/22)
CA5 Holds That Final Removal Order Does Not Trigger Stop-Time Rule for Cancellation Purposes
The court held that a final order of removal does not trigger the stop-time rule, and thus found that the petitioners had accrued the necessary 10 years to satisfy the physical presence requirement to be eligible for cancellation of removal. (Parada v. Garland, 9/1/22)
Entering an Appearance in Immigration Court or the BIA
Navigating the e-registry, filing a new appearance between the Board and the Court.
Speaker: Ilana Greenstein
CA1 Holds That Persons Subject to Reinstated Removal Orders Are Barred from Reopening Orders of Removal
After finding that persons subject to reinstated removal orders following unlawful reentry are barred from reopening their removal orders, the court held that BIA correctly found petitioner was barred from reopening his removal order by INA §241(a)(5). (Garcia Sarmiento v. Garland, 8/17/22)
AILA Provides Members with Updated Recommendations in Responding to Detention Center Closures
AILA is tracking updates that have led to or may lead to immigration detention facility closures. This updated resource offers recommendations for seizing the opportunity to call for release of clients to facilitate continued local representation and how to anticipate transfers out of state.
CA2 Finds BIA Erred in Denying Cancellation Applicant a Continuance to Allow Him to Present Relevant Testimony
The court held that the BIA abused its discretion in denying the petitioner a brief continuance, because the denial prevented him from presenting relevant and material testimony in support of his cancellation of removal application. (Martinez Roman v. Garland, 9/15/22)