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
CA11 Finds That BIA’s Interpretation of INA §237(a)(2)(E)(i) Was Reasonable
The court held that it was reasonable for the BIA to interpret “crime of … child neglect” as including the Florida offense of culpably negligent child neglect, and thus deferred to the BIA’s conclusion that the petitioner’s conviction rendered him removable. (Bastias v. Att’y Gen., 8/2/22)
CA8 Finds IJ and BIA Applied Correct Legal Framework in Holding That Petitioner’s Conviction Was a Particularly Serious Crime
The court held that the BIA and IJ did not err in concluding that the petitioner, who had been convicted in Illinois of dismembering a human body after the victim was already deceased, had been convicted of a particularly serious crime. (Gutierrez-Vargas v. Garland, 8/1/22)
BIA Affirms on Certification IJ’s Termination of Proceedings Based on Second Circuit Changed Law
Unpublished BIA decision finds a change in Second Circuit law, which governed the case, obviated the respondent from proving that he had actually been prosecuted, because the state statute under which he had been convicted was facially overbroad. Courtesy of Alan Lee. (Matter of —, 8/1/22)
CA7 Holds That Noncitizen’s Removal Moots Petition for Review of Decision in Withholding-Only Proceeding
The court held that the petition for review was moot because the petitioner sought only deferral of removal under the Convention Against Torture (CAT) and had already been removed, and thus that it could not grant effectual relief. (Garcia Marin v. Garland, 7/29/22)
Comments Due September 26: EOIR 60-Day Notice and Request for Comment on Proposed Revisions to Form EOIR-26
EOIR notice and request for comment on proposed revisions to Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge, to add section for unrepresented respondents to consent to their case being considered for the BIA Pro Bono Project. Comments are due 9/26/22. (87 FR 45364, 7/28/22)
BIA Finds Respondent’s Conviction Under 18 USC §922(d) Is Overbroad Relative to a Firearms Offense
The BIA vacated the IJ’s decision and terminated proceedings after applying the categorical approach and finding that 18 USC §922(d) is overbroad relative to INA §237(a)(2)(C) and indivisible relative to firearms or ammunition. Matter of Ortega-Quezada, 28 I&N Dec. 598 (BIA 2022)
CA9 Rejects Asylum Applicant’s Claim of Extraordinary Circumstances Based on His Alleged “Incapacity or Legal Disability”
The court rejected petitioner’s argument that a delay in filing his asylum application was justified by extraordinary circumstances due to his youth, language barrier, ignorance of the legal requirement to file his application within a year, and stress. (Martinez Alquijay v. Garland, 7/27/22)
Practice Pointer: Options for Responding to OPLA’s Unilateral Motions to Dismiss
AILA provides background information on the current state of prosecutorial discretion and offers options for responding to motions to dismiss filed by OPLA when your client opposes dismissing proceedings.
Featured Issue: FLRA Refuses to Throw Out Decision Decertifying Immigration Judge Union
On 12/7/21, the Biden administration reversed a Trump-era attempt to strip the immigration judges of their collective bargaining rights and once again recognized the employee union; however, on 1/21/22, the FLRA refused to throw out its controversial 2020 decision decertifying the union.
CA5 Remands Asylum Claim After Finding Purported Inconsistencies in Angolan Petitioner’s Testimony Were Not Actually Inconsistent
The court held that the IJ’s adverse credibility finding relied heavily on an unsupported conclusion that petitioner was not a credible witness, and thus that the adverse credibility finding was not supported by specific and cogent reasons derived from the record. (Ndudzi v. Garland, 7/22/22)
Flyer: Beware of ICE Imposters
In response to an uptick in people representing themselves as ICE personnel for fraudulent gain, ICE provides a flyer that warns of this type of fraud and how to detect it. The flyer is available in English and Spanish.
AILA President Jeremy McKinney Responds to SCOTUS Move Keeping ICE Priorities On Hold
In this statement, AILA President Jeremy McKinney responds to the U.S. Supreme Court 5-4 vote to maintain a nationwide injunction blocking the Biden Administration from setting prosecutorial discretion policies for ICE. The court also decided to take up the case in December.
CA5 Upholds BIA’s Denial of Motion to Reopen and Finds That Petitioner Failed to Act Diligently in Pursuing Her Rights
The court upheld the BIA’s finding that petitioner was not entitled to equitable tolling of the statutory deadline to file a motion to reopen, because while she had shown exceptional circumstances, she had not shown that she diligently pursued her rights. (Masin-Ventura v. Garland, 7/21/22)
Practice Alert: Virginia IAC Cases Can Be Appealed to Fourth Circuit
As a result of a recent federal court decision, respondents can now file a petition for review with the Fourth Circuit in any case decided by an immigration judge at an Immigration Adjudication Center (IAC) situated within the Fourth Circuit’s jurisdiction.
Practice Alert: EOIR Taking Select Cases Off Docket Pursuant to Chief Immigration Judge Memo
AILA provides a practice alert explaining Chief Immigration Judge Short’s memo that moves certain cases that “are not ripe for adjudication” off the immigration court dockets.
AILA and Partners Call on Biden Administration to End MPP Following Supreme Court Decision
In light of the SCOTUS ruling in Biden v. Texas, immigrant and refugee rights organizations and service providers sent a letter urging the Administration to take immediate action to wind down the Migrant Protection Protocols (MPP) and redress the harm suffered by those subjected to it.
AILA Joins Groups in Urging DHS to Ensure SCOTUS Dobbs Decision Has No Impact on Immigration Enforcement
Immigration, criminal justice, and civil rights organizations urged DHS to immediately issue guidance to prevent the Supreme Court’s rights-stripping decision in Dobbs v. Jackson Women’s Health Organization from being used against noncitizens seeking reproductive health care in the U.S.
CA9 Says Petitioner Subject to Reinstated Removal Order May Not Challenge Earlier Termination of Separate Removal Proceedings
Dismissing the petition for review for lack of jurisdiction, the court held that a petitioner who is subject to a reinstated order of removal may not challenge an earlier decision terminating separate removal proceedings. (Lopez Luvian v. Garland, 7/19/22)
CA11 Upholds Denial of Motion to Reopen Where Petitioner Failed to Inform Government of New Address
The court held that although the petitioner’s first Notice to Appear was incomplete, the petitioner’s failure to tell the government where he had moved released the government from any obligation of giving him notice of his rescheduled hearing. (Dacostagomez-Aguilar v. Att’y Gen., 7/19/22)
Abuse in ICE Detention Continues and So Does the Funding for It
AILA Policy Counsel Jen Whitlock describes the reports and examples of harmful, unnecessary, and wasteful ICE detention and urges readers to take action and tell Congress to reduce ICE detention bed funding for Fiscal Year 2023.
AILA and Partners Submit Amicus Brief on Challenging Mandatory Detention
AILA and partners submitted an amicus brief in Alphonse v. Moniz urging the court to reverse decision on whether an individual can challenge a mandatory detention finding via habeas while also challenging the deportability consequences of the conviction in removal proceedings.
ICE Updates Policy on Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults
ICE Directive 11064.3 updates policies to ensure parents and legal guardians arrested or detained by ICE can maintain visitation with their child(ren) or the incapacitated adult for whom they serve as guardian, coordinate care, and participate in any related court or child welfare proceedings.
Practice Alert: Affirmative Prosecutorial Discretion Requests May Still Be Made
AILA’s ICE Liaison Committee shares OPLA’s confirmation that affirmative prosecutorial discretion requests may still be made despite litigation surrounding the Mayorkas enforcement priorities memo.
Resources for IJ Complaint Project
The Immigration Justice Campaign provides resources for IJ Complaint Project.
Steps and Timeline for Judicial Complaints
The Immigration Justice Campaign provides steps and timeline for judicial complaints.