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
CA3 Finds That BIA Did Not Abuse Its Discretion in Summarily Dismissing Appeal Under 8 CFR §1003.1(d)(2)(i)(E)
The court held that the BIA did not abuse its discretion in following the text of 8 CFR §1003.1(d)(2)(i)(E), under which the Board may summarily dismiss an appeal for failure to file a supporting brief after indicating that one would be filed. (Argueta-Orellana v. Att’y Gen., 5/20/22)
AILA and IDP File Amicus Brief on Child Endangerment Conviction
AILA and the Immigrant Defense Project (IDP) filed an amicus brief with the Ninth Circuit arguing that child endangerment is a distinct, broader offense than a crime of “child abuse, child neglect, or child abandonment.”
USCIS Provides Presentation on Filing Form I-821D For Individuals Who Previously Received DACA
USCIS provided the presentation from its May 19, 2022, webinar on filing form I-821D for individuals who previously received DACA. The presentation provides information on renewal considerations, filing Form I-765, payments, and more.
CA9 Says Petitioner’s Conviction in California for Corporal Injury upon a Child Was a Crime of Violence Aggravated Felony
The court held that the petitioner’s conviction for corporal injury upon a child in violation of California Penal Code (CPC) §273d(a) was a crime of violence aggravated felony that rendered her ineligible for cancellation of removal. (Olea-Serefina v. Garland, 5/19/22)
CA4 Vacates District Court’s Injunction Mandating Procedural Requirements for INA §236(a) Bond Hearings
The court vacated the district court’s preliminary injunction ordering that the government must prove by clear and convincing evidence that a noncitizen is either a flight risk or a danger to the community to continue detention under INA §236(a). (Miranda v. Garland, 5/12/22, amended 5/19/22)
ICE Memo on Detained Noncitizen Transfers Required Due to a Healthcare Condition
ICE memo providing updated guidance for ICE Enforcement and Removal Operations concerning the transfer of noncitizens due to a healthcare condition, as determined medically necessary by ICE Health Service Corps.
CA9 Remands Asylum Claim for Clear Explanation of BIA’s Nexus Determination After Finding There Was Past Persecution
Remanding the petitioner’s asylum claim, the court held that the harm the petitioner had suffered in Cameroon—including physical injury, specific death threats, and evidence of the country’s political and societal turmoil—compelled a finding of past persecution. (Fon v. Garland, 5/18/22)
CA5 Finds BIA’s Affirmance of IJ’s Credibility Determination as to Cameroonian Petitioner Was Not Supported by Record
The court held that BIA erred by affirming the IJ’s credibility determination, where the IJ relied on petitioner’s CBP and asylum credible fear interviews that were not entered into the hearing record of the removal proceeding or raised in that hearing at all. (Nkenglefac v. Garland, 5/18/22)
DOS Provides Guidance for Ukraine Nationals
DOS provided updated guidance for nationals of Ukraine seeking to enter or entering the United States. The guidance clarifies information on the Uniting for Ukraine program, nonimmigrant visas, immigrant visas, humanitarian parole, refugee status, and more.
CA7 Upholds BIA’s Cancellation of Removal Denial to Mexican Father Living in United States Without Authorization for 25 Years
The court held that it was required to defer to the BIA’s determination that the Mexican petitioner’s removal would not result in exceptional and extremely unusual hardship to his minor U.S.- citizen daughter. (Arreola-Ochoa v. Garland, 5/17/22)
CA7 Says BIA Unreasonably Rejected Petitioner’s Late-Filed Brief
Where the government had been slow in providing a copy of petitioner’s immigration file to his counsel, the court held that the BIA clearly abused its discretion in failing to accept the petitioner’s late-filed brief, which was 12 days past due. (Oluwajana v. Garland, 3/9/22, amended 5/3/22)
Tackling Jurisdictional Questions
AILA member Geoffrey A. Hoffman shares insights on the article he wrote for the Spring 2022 edition of the AILA Law Journal focused on the issue of jurisdiction and how the defective NTA-jurisdictional question could play a crucial part in resolving and reducing the 1.6 million case backlog. AILA me
AILA President-Elect Jeremy McKinney Responds to Supreme Court Decision in Patel v. Garland
AILA President-Elect Jeremy McKinney responded to the decision in Patel v. Garland, stating, “This decision strips non-citizens of an important avenue for relief after incorrect decisions by immigration judges. It does so by ignoring the plain language of the statute.”
Supreme Court Rules Federal Courts May Not Review Factual Findings Made in Discretionary Relief Proceedings
In a 5-4 ruling, the Supreme Court ruled federal courts lack jurisdiction to review facts found as part of discretionary relief proceedings under INA §245 and the other provisions enumerated in INA §242(a)(2)(B)(i). (Patel v. Garland, 5/16/22)
EOIR Notice of Public Forum and Request for Feedback on Immigration Court and BIA Practice Manuals
EOIR notice of a virtual public forum on 5/24/22 at 2:00 pm (ET) to discuss and provide feedback on the Immigration Court Practice Manual and the Board of Immigration Appeals Practice Manual. EOIR also invites written feedback on the manuals. (87 FR 29184, 5/12/22)
CA5 Denies Counsel’s Motion for Voluntary Dismissal and Remand of Petition for Review
Where counsel represented a mother and her minor daughter, and mother died following a prolonged illness, the court denied counsel’s motion for partial dismissal and remand, and ordered counsel to file petitioners’ opening brief by 5/27/22. (De La Paz Vasquez-De Martinez v. Garland, 5/16/22)
CA3 Says Haitian Petitioner’s Former Counsel Provided Ineffective Assistance in Failing to Submit Readily Accessible Evidence
Where the petitioner’s former counsel had failed to present important and easily available evidence going to the heart of the petitioner’s claims, the court held that the BIA erred in denying his motion to reopen based on ineffective assistance of counsel. (Saint Ford v. Att’y Gen., 5/16/22)
CA11 Says That Noncitizen Who Was Denied Right to Counsel in Reasonable Fear Proceedings Must Show Substantial Prejudice
Denying the petition for review, the court held that even if petitioner had a right to counsel during his reasonable fear proceedings before the IJ under INA §238, he had failed to show that any purported due process violations caused him substantial prejudice. (Priva v. Att’y Gen., 5/12/22)
CA5 Holds That Petitioner Failed to Show Extreme Hardship or Extraordinary Circumstances in VAWA-Based Motion to Reopen
The court held that the BIA did not abuse its discretion in finding that petitioner, who filed a motion to reopen to pursue cancellation of removal under the Violence Against Women Act (VAWA), had failed to show extreme hardship or extraordinary circumstances. (Pena-Lopez v. Garland, 5/12/22)
CA8 Upholds Asylum Denial to Guatemalan Petitioner Who Had Violent Encounter with Gang Members
The court held that substantial evidence supported the BIA’s determination that the Guatemalan petitioner had failed to establish a nexus between his alleged persecution and either of his proposed social groups or a well-founded fear of future persecution. (Tojin-Tiu v. Garland, 5/12/22)
Practice Alert: ICE Form I-246 Stay Filings Allowed by Mail
AILA alerts members that, until further notice, all ICE ERO Field Offices will permit the filing of Form I-246, Application for Stay of Deportation or Removal, through the mail accompanied by money orders, certified funds, or request for fee waivers.
ICE Announces Updated Phased Return to Social Visitation at Detention Facilities
ICE initiated an updated phased return to social visitation in its detention facilities consistent with federal, state, and local guidelines. Screening for COVID-19 symptoms, temperature checks, and applicable PPE will be required for those seeking social visitation. More information is available.
CA11 Concludes That BIA Provided Reasoned Consideration to Petitioner’s Racial Persecution Claim for Asylum
The court held that the BIA had provided reasoned consideration to the petitioner’s racial persecution claim, and that petitioner had failed to exhaust his claim that he was entitled to advance notice of the IJ’s need for specific corroborating evidence. (Lopez Morales v. Att’y Gen., 5/11/22)
The “SS EOIR” is Changing Course; Encouraging Winds Ahead
AILA member Stacy Caplow reflects on her Spring 2022 edition of the AILA Law Journal article entitled “The Sinking Immigration Court: Change Course, Save the Ship“ in this blog post and why readers should take heart given a recent shift in EOIR hiring.
AILA Submits Statement for Markup of Real Courts, Rule of Law Act of 2022
AILA submitted a statement to the House Judiciary Committee for the markup of the Real Courts, Rule of Law Act of 2022 (H.R.6577). AILA urges Congress to pass this legislation, which would create an independent immigration court system under Article I.