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
Eighty-Five Immigrant and Human Rights Groups Call for Investigation and Demand Private Prison Ban Extend to ICE Detention
AILA and our partners requested the DHS and DOJ OIGs review the implementation of President Biden’s EO phasing out DOJ’s use of private prisons; the request was supported by 85 immigrant and human rights groups that delivered a complementary letter demanding the findings be made public.
EOIR Clarifies Alternative Filing Locations
EOIR updated its Operation Status website with information clarifying that alternate filing locations are designated for the purpose of filing emergency motions and explaining how it will treat other filings if a court is closed.
AILA Leads Partners in Calling for Review of DHS’s Reopening of Private Prisons
AILA led partners in calling for an investigation of DOJ and DHS’s implementation of the President’s executive order banning private prisons and reiterating our support for the ban being extended to immigration detention.
DHS and VA Launch New Online Resources for Noncitizen Service Members, Veterans, and Their Families
DHS, in partnership with the Department of Veterans Affairs and Defense, launched an online center to consolidate resources for noncitizen service members, veterans, and their families, including a request form for current or former service members seeking return to the U.S. after deportation.
The Council and NIP/NLG Provide Practice Alert on Matter of Laparra
American Immigration Council and NIP/NLG provide a practice alert on Matter of Laparra, in which the BIA rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves respondent with an NTA lacking information about a hearing’s time and place.
CA1 Affirms Denial of Petitioner’s Adjustment of Status Application on Statutory and Federal Constitutional Grounds
Where the petitioner had conceded removability under INA §237(a)(1)(B) but sought adjustment of status under INA §245(a), the court held that his challenges to the denial of his adjustment application on statutory and federal constitutional grounds lacked merit. (Thomas v. Garland, 2/8/22)
CA1 Reverses BIA’s Denial of Asylum to Petitioner Who Alleged She Had Been Raped in Guatemala
The court held that the BIA and IJ erred in failing to provide the petitioner with an opportunity to either produce corroborating evidence as to her claim that she had been raped as a child in Guatemala, or to explain why she reasonably could not. (Ixcuna-Garcia v. Garland, 2/8/22)
EOIR Reminds Stakeholders Hearings on February 8 and Beyond Will Proceed as Scheduled
EOIR announced that hearings on February 8,2022, and beyond will proceed as scheduled, subject to local operational and case-specific decisions. EOIR stated that it "strongly encouraged" attorneys and accredited representatives to use the Openvoice and Webex platforms.
USCIS Issues Updated Policy Guidelines on Validity Periods for EADs in Certain Filing Categories
USCIS updated policy guidelines regarding validity periods for EADs for asylees and refugees, noncitizens with withholding of deportation or removal, noncitizens with deferred action, parolees, and VAWA self-petitioners. Updates affect Form I-765 guidance, validity of initial/renewal EADs, and more.
AILA and Partners Submit Amicus Brief on Mental Health Issues as Part of Court Proceedings
AILA and partners submitted a brief in Matter of B–Z–R– arguing that the Attorney General should restore the Board’s original interpretation that the exceptions require consideration of all relevant evidence to determine a noncitizen’s present danger to the community.
EOIR to Close Fishkill Immigration Court
EOIR will close the Fishkill Immigration Court due to the closure of the Downstate Correctional Facility in which the court is located. Holding hearings at the location will cease at close of business on February 17, 2022. Pending cases at time of closure will transfer to Ulster Immigration Court.
CA9 Concludes That Petitioner’s in Absentia Removal Order Is Subject to Rescission Pursuant to INA §240(b)(5)(C)(ii)
The court held that noncitizens must receive a Notice to Appear (NTA) in a single document specifying the time and date of the noncitizen’s removal proceedings; otherwise, the in absentia removal order is subject to rescission pursuant to INA §240(b)(5)(C)(ii). (Singh v. Garland, 2/4/22)
CA8 Holds That Christian Chinese Petitioner Failed to Show Past Persecution or Well-Founded Fear of Future Persecution
Upholding the denial of asylum, the court concluded that substantial evidence supported the BIA’s finding that the Christian Chinese petitioner had failed to establish past persecution or a well-founded fear of future persecution on account of his religious beliefs. (He v. Garland, 2/4/22)
AILA Welcomes Legislation to Create Independent Immigration Court
AILA welcomed newly introduced legislation that would create an independent immigration court system. The “Real Courts, Rule of Law Act of 2022” was introduced by Representatives Lofgren (D-CA), Nadler (D-NY), and Johnson (D-GA), following two hearings on this issue over the past few years.
BIA Rules Respondent’s Conviction for Conspiracy to Commit Wire Fraud Constitutes a Particularly Serious Crime
BIA found the amount of forfeiture ordered in a criminal proceeding may be considered in determining if a crime of fraud or deceit resulted in a loss exceeding $10,000, if the amount ordered is sufficiently traceable to the conduct of conviction. Matter of F-R-A-, 28 I&N Dec. 460 (BIA 2022)
Practice Resource: Fraudulent Document Standard and Matter of O–M–O–
The Asylum & Refugee National Committee provides a practice resource, following the BIA’s recent holding that IJs may determine a document to be fraudulent without relying on forensic analysis or other expert testimony, on how practitioners should prepare to present evidence and prepare clients.
EOIR to Host ECAS Information Session
EOIR will host a virtual EOIR Courts & Appeals (ECAS) information session on February 8, 2022, from 1 pm to 2 pm (ET), in advance of ECAS becoming mandatory on February 11, 2022. Register by February 7, 2022, at 10 am (ET).
CA4 Finds That Guatemalan Petitioner Was Persecuted on Account of His Family Ties
The court held that the BIA erred in finding that the petitioner lacked a reasonable fear of persecution or torture, that the agency incorrectly applied the statutory nexus requirement, and that petitioner was persecuted on account of a protected ground. (Tomas-Ramos v. Garland, 2/2/22)
Four Years of Profound Change: Immigration Policy during the Trump Presidency
The Migration Policy Institute provides an overview of policies at different points during the Trump Administration, chronicling the immigration actions, large and small, that President Donald Trump and his Administration took from January 20, 2017, through January 20, 2021.
AILA, the American Immigration Council, and 147 Partners Send Letter to Biden on Funding for Legal Representation Programs
AILA, the American Immigration Council, and 147 partners sent a letter to Biden and Congress requesting an increase in funding to expand legal representation for people in removal proceedings.
CRS Provides Insight Report on Dreamers
CRS provided an Insight report on Dreamers. The report explains the options currently available to Dreamers once they reach age 21, estimates the population of “legal Dreamers,” and outlines selected congressional action that could affect "legal Dreamers.”
BIA Dismisses Appeal After Finding §714.1 of Iowa Code Is Divisible with Regard to Type of Theft
BIA found Iowa Code is divisible with respect to whether a violation of it involved theft by taking without consent or by fraud or deceit, permitting use of modified categorical approach to determine if a violation involved aggravated felony theft. Matter of Koat, 28 I&N Dec. 450 (BIA 2022)
CA8 Upholds BIA’s Decision Denying Motion to Reopen Even Though Petitioner Made a Prima Facie Case for Relief
The court held that the BIA did not abuse its discretion in denying petitioner’s successive motion to reopen, and that the BIA did not deprive the petitioner of a constitutionally protected liberty interest in declining to reopen proceedings sua sponte. (Urrutia Robles v. Garland, 1/26/22)
CA11 Finds Petitioner Failed to Prove That Florida’s Cocaine Statute Covers More Substances Than the Federal Statute
The court held that the petitioner, who had been convicted of cocaine possession under Florida law, had failed to show that Florida’s definition of cocaine covers more than its federal counterpart, and thus upheld the BIA’s denial of cancellation of removal. (Chamu v. Att’y Gen., 1/26/22)
CA5 Finds Proposed PSG of Honduran Women Unable to Leave Domestic Relationship Was Not Cognizable
The court concluded that the BIA did not abuse its discretion in holding that the petitioner’s proposed particular social group (PSG)— “Honduran women who are unable to leave their domestic relationships”—was not legally cognizable. (Jaco v. Garland, 10/27/21, amended 1/26/22)