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
District Court Issues Nationwide Preliminary Injunction Partially Blocking DHS's Civil Immigration Enforcement Guidance
In a lawsuit filed by Arizona, Montana, and Ohio seeking to prevent DHS from implementing its September 30, 2021, civil immigration enforcement guidance, the U.S. District Court for the Southern District of Ohio enjoined and restrained DHS from enforcing or implementing Section II of the guidance.
EOIR to Host Access EOIR Listening Session
As part of series of public forums regarding the Access EOIR initiative, EOIR will host a listening session on March 30, 2022, from 2 to 4 pm (ET). The session will focus on comments regarding ECAS and ICOR. RSVP to EngagewithEOIR@usdoj.gov by 5 pm (ET) on March 28.
Video: AILA EOIR/ICE Joint Liaison Committee Update
In this video, Amanda Keaveny of AILA's EOIR/ICE Joint Liaison Committee provides the latest updates on AILA's liaison efforts with the agencies. Watch now!
DHS Notice Rescinding 2019 Expedited Removal Notice
DHS notice rescinding the July 23, 2019, notice Designating Aliens for Expedited Removal, which expanded the application of expedited removal procedures. (87 FR 16022, 3/21/22)
BIA Finds Connecticut Third-Degree Larceny Statute Is Not a Theft Offense Aggravated Felony under INA §101(a)(43)(G)
BIA held that the Connecticut third-degree larceny statute isn’t a theft offense aggravated felony under the INA because it incorporates a definition of “larceny” that’s overbroad and indivisible with respect to the generic definition of theft. Matter of Morgan, 28 I&N Dec. 508 (BIA 2022)
ACLU-NM and Immigrant Rights Groups Call for the Immediate Release of People Detained in Torrance County Detention Facility, and for the Termination o
AILA joined partners in calling for the immediate release, not transfer, of people detained by ICE at the Torrance County Detention Facility following deeply disturbing findings announced by a federal watchdog agency.
EOIR Updates Appendix O of the Policy Manual with Adjournment Code 22
EOIR updated appendix O of the policy manual with adjournment code 22. The reason is “Respondent or representative rejected earliest possible hearing date,” and the definition is “Hearing adjourned due to respondent or representative rejecting earliest possible hearing date.”
CA8 Affirms BIA’s “Cursory” Decision Denying Cancellation Based on Good Moral Character
The court affirmed the BIA’s determination that the petitioner had failed to meet the good moral character requirement for cancellation of removal, finding that although the BIA’s decision was superficial and mechanical, there was no error warranting remand. (Hernandez v. Garland, 3/18/22)
CA11 Vacates BIA’s Ruling That Petitioner’s Florida Conviction for Burglary of an Unoccupied Dwelling Was a CIMT
The court vacated BIA’s ruling that a conviction for burglary of an unoccupied dwelling under Fla. Stat. §810.02(3)(b) was categorically a crime involving moral turpitude (CIMT), and remanded for BIA to discuss the impact of relevant Florida burglary cases. (Lauture v. Att’y Gen., 3/17/22)
CA11 Holds That Petitioner’s Violation of Florida Statute Did Not Relate to Controlled Substance
The court held that the BIA and IJ erred in finding that the petitioner was ineligible for cancellation of removal, because his violation of Fla. Stat. §893.13(6)(a) did not relate to a controlled substance as defined in 21 USC §802. (Said v. Att’y Gen., 3/24/22)
Alternatives to Detention: An Overview
This American Immigration Council fact sheet provides an overview of the range of programs that provide alternatives to detention (ATDs) and run the gamut from no governmental intervention to extensive surveillance and restrictions on liberties that are focused on limiting the movement of people.
TRAC Reports One-Third of New Immigration Court Cases are Children
TRAC released a report stating that almost one-third of all new cases in immigration court are juveniles, and that one in eight are 0-4 years of age. The report explains that reliable tracking systems for children are not in place, verifies what EOIR currently records regarding children, and more.
ICE Issues Guidance on Protections for Noncitizen Victims of Crime
ICE issued directive 10036.2, which states that ICE personnel are generally prohibited from using or disclosing information protected by Section 1367 to anyone other than DHS or DOJ employees. This includes information on applicants for T & U visas, continued presence, or VAWA based benefits.
DHS OIG Recommends Immediate Removal of All Detainees from the Torrance County Detention Facility
DHS OIG recommended that all detainees at the Torrance County Detention Facility be relocated unless and until the facility ensures adequate staffing and appropriate living conditions. DHS OIG found critical health and safety risks to the detainees in their unannounced inspection of the facility.
BIA Invites Amicus Briefs on Vacatur of a Criminal Conviction
The BIA invites interested members of the public to file amicus briefs discussing what factors the BIA should weigh when considering an untimely motion to reopen that is premised on a vacatur of a criminal conviction. Briefs are due by April 6, 2022.
CA2 Says Conviction for Using a False Document in Connection with Application for U.S. Passport Is a CIMT
The court held that the petitioner’s conviction for using a false document in connection with his application for a U.S. passport in violation of 18 USC §1001(a) was a crime involving moral turpitude (CIMT) that rendered him ineligible for cancellation of removal. (Cupete v. Garland, 3/16/22)
CA3 Upholds Denial of Asylum to MS-13 Gang Member from El Salvador
The court held that substantial evidence supported BIA’s affirmance of IJ’s denial of asylum based on the finding that petitioner’s testimony was not credible, and that petitioner’s due process rights were not violated during his removal proceedings. (Hernandez Garmendia v. Garland, 3/16/22)
OIDO Provides Inspection Report on Limestone County Detention Center
OIDO conducted an unannounced inspection of Limestone County Detention Center, finding the facility did “fall short” of 2000 National Detention Standards. OIDO made recommendations for ICE to move LCDC to a “specific version” of detention standards and ICE concurred.
CA5 Finds That Petitioner Was Not Entitled to Reopening and Termination of His Removal Order Based on Pereira v. Sessions
The court held that its precedent foreclosed petitioner’s challenge to the BIA’s denial of his first motion to reopen, where the petitioner claimed that his Notice to Appear (NTA) was defective because it did not include the time or date of his removal hearing. (Garcia v. Garland, 3/14/22)
CA5 Holds That Petitioner’s Tennessee Conviction for Attempting to Launder Drug Money Was an Aggravated Felony
The court upheld the BIA’s determination that the petitioner, who had pleaded guilty to attempting to launder money in violation of Tennessee Code Sections 39-12-101 and 39-14-903, was removable pursuant to INA §101(a)(43)(U). (Fakhuri v. Garland, 3/11/22)
CA8 Says BIA Did Not Err in Finding That There Was Substantial and Probative Evidence of Marriage Fraud
The court upheld the BIA’s dismissal of the petitioner’s appeal of USCIS’s denial of her I-130 petition filed on behalf of her husband, finding that the BIA did not err in determining that there was substantial and probative evidence of marriage fraud. (Iyawe v. Garland, et al., 3/11/22)
BIA Remands Case to IJ to Determine Whether Respondent Filed Frivolous Asylum Application
BIA held that when DHS raises mandatory bar for filing frivolous asylum application, IJ must make sufficient findings of fact and conclusions of law on whether requirements for frivolousness determination under Matter of Y-L- have been met. Matter of M-M-A- 28 I&N Dec. 494 (BIA 2022)
EOIR Updates Appendix O of the Policy Manual with Adjournment Code 74
EOIR updated appendix O of the policy manual with adjournment code 74. The reason is “Public Health,” and the definition is “Adjourned for public health reasons.”
ICE Releases Annual Report for FY2021
ICE released its annual report for FY2021. The report includes information on Enforcement and Removal Operations, detention and alternatives to detention, Title 42 expulsions, Homeland Security Investigations, and more.
Over 100 House Democrats Send Letter to DHS to Halt Immigration Detention
AILA endorsed and worked to garner support from over 100 House Democrats for a letter to DHS urging the agency to halt the expansion of immigrant detention, phase out private for-profit facilities, and conduct a review of all ICE detention facilities.