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
CA9 Declines to Rehear Velasquez-Gaspar v. Garland En Banc
The court issued an order denying the rehearing en banc of Velasquez-Gaspar v. Garland, in which the court upheld the BIA’s conclusion that the Guatemalan government could have protected the petitioner had she reported her abuse. (Velasquez-Gaspar v. Garland, 1/25/22)
CA7 Says BIA Legally Erred by Considering Arguments That the Government First Raised on Appeal
The court held that the BIA legally erred by considering arguments that the government did not present to the IJ, and that the BIA engaged in impermissible factfinding on the conditions in Kosovo, rendering its decision to deny remand an abuse of discretion. (Osmani v. Garland, 1/24/22)
CA7 Upholds Asylum Denial to Christian Chinese Petitioner Who Acknowledged Discrepancies in Her Asylum Application
The court held that the record supported the IJ’s and BIA’s conclusion that the Chinese Christian petitioner did not meet her burden of establishing her eligibility for asylum given the discrepancies in her testimony and the lack of corroborative evidence. (Dai v. Garland, 1/24/22)
DHS Releases Privacy Impact Assessment for HSI Surveillance Technologies
ICE conducted a Privacy Impact Assessment of HSI’s use of several surveillance technologies, including body wire, video surveillance, and location tracking. These technologies are used by HSI to investigate human smuggling and trafficking and immigration fraud, among other crimes.
EOIR Invites Stakeholders to Online Screening of Model Hearing Program
As part of the Access EOIR initiative, EOIR invites stakeholders to an online viewing session of its Model Hearing Program event on February 3, 2022, from 2 pm to 4 pm (ET). The video will cover MHP, protection under CAT, and more. RSVP to EngagewithEOIR@usdoj.gov by February 2, 2022, at 5 pm.
CA9 Applies Circumstance-Specific Approach to Find That Amount of Marijuana in Petitioner’s Possession Exceeded 30 Grams
The court held that the circumstance-specific approach applies to the 30-gram limit of INA §237(a)(2)(B)(i)’s personal-use exception, and that the circumstances established that the amount of marijuana in petitioner’s possession exceeded 30 grams. (Bogle v. Garland, 6/23/21, amended 12/29/21)
AILA Submits Statement for Congressional Hearing on Immigration Courts
AILA submitted a statement entitled “Why America needs an Independent Immigration Court System” to the House Judiciary Committee’s Subcommittee on Immigration and Citizenship for its hearing “For the Rule of Law, an Independent Immigration Court.”
BIA Reinstates Removal Proceedings After Finding §2C:35-10(a)(1) of New Jersey Statutes Annotated Is Divisible with Respect to Specific Substance Poss
BIA found §2C:35-10(a)(1) of New Jersey Statutes Annotated is divisible and convictions can be reviewed under the modified categorical approach to determine whether the specific substance possessed is a controlled substance under federal law. Matter of Laguerre, 28 I&N Dec. 437 (BIA 2022)
Multilingual Instructional Videos on Various Immigration Processes
Innovation Law Lab shares instructional videos in a variety of languages, including Central American indigenous languages, explaining different immigration processes. Videos cover topics such as the difference between ICE, ISAP, and the immigration court and what are biometrics, among other items.
BIA Denies Motions to Terminate and to Reopen and Rescind In Absentia Removal Order, Distinguishes Niz-Chavez
The BIA held that a respondent served with a noncompliant notice to appear receives sufficient written notice to support an in absentia removal order when properly served with a notice of hearing specifying the time and place of the hearing. Matter of Laparra, 28 I&N Dec. 425 (BIA 2022)
TRAC Reports on Immigration Court Backlog
TRAC released a report on the immigration court backlog, finding that pending cases at the end of December 2021 reached 1,596,193—the largest in history. The report includes information on quarterly increases in the backlog and recent accelerations in rate of growth.
CA1 Says Conviction in Rhode Island for Driving a Motor Vehicle Without Consent Is Not Categorically a Theft Offense
The court held that the petitioner’s conviction for driving a motor vehicle without consent of the owner or lessee under Rhode Island General Laws (RIGL) §31-9-1 did not constitute a categorical aggravated felony theft offense. (Da Graca v. Garland, 1/18/22)
CA5 Finds Petitioner Removable Under INA §237(a)(2)(A)(ii) for Having Been Convicted of Two CIMTs After Admission
The court concluded that res judicata did not bar the removal proceedings, deadly conduct was categorically a crime involving moral turpitude (CIMT), and petitioner was admitted to the United States when he adjusted to lawful permanent resident (LPR) status. (Diaz Esparza v. Garland, 1/17/22)
DHS Reports on Persons Enrolled in MPP in December 2021
DHS released a report on initial enforcement outcomes for persons enrolled in MPP from December 6, 2021, to December 31, 2021. The report includes information on fear screenings, returns and disenrollements, non-refoulement interviews, and more.
Practice Alert: EOIR Provides WebEx Links for Specific Courts and Immigration Judges
AILA alerts members that EOIR has added links for the “WebEx Information” for specific courts and immigration judges to its Operational Status Map as it implements remote hearings pursuant to its earlier January 10, 2022, announcement in response to the recent surge of COVID-19 cases.
CA6 Finds Petitioner Forfeited Ineffective Assistance Claim Because He Failed to Comply with Third Lozada Requirement
The court held that BIA did not abuse its discretion in denying the motion to reopen based on ineffective assistance, finding that Matter of Lozada requires more than a statement that the noncitizen is “not interested” in filing a bar complaint.(Guzman-Torralva v. Garland, 1/13/22)
CA9 Holds That BIA Sufficiently Complied with Notice Requirements Applicable to a Minor in Immigration Proceedings
The court rejected the petitioner’s contention that, because she was actually a minor when she was released on her own recognizance without notice of her hearing to a reasonable adult, the notice provided her was inadequate. (Jimenez-Sandoval v. Garland, 1/13/22)
Removal Proceedings in the Time of COVID
Jonathan Willmoth reflects on the COVID-19 pandemic's impact on court proceedings and the Biden administration's efforts to expand prosecutorial discretion, two areas he looks forward to learning more about at the upcoming AILA Virtual Midwinter Conference.
CA1 Holds That Irregularities in “Record of Sworn Statement” Lacked Sufficient Indicia of Reliability for Use in Assessing Credibility
In light of unexplained irregularities in the record, the court vacated the BIA’s denials of withholding of removal and relief under the Convention Against Torture (CAT) and remanded to the agency for further factfinding. (Bonilla v. Garland, 1/12/22)
AILA and Partners Submit Amicus Brief on Obstruction of Justice in the INA
AILA and partners submitted an amicus brief in Pugin v. Garland arguing that obstruction of justice within the meaning of 8 USC §1101(a)(43)(S) unambiguously requires intentional interference with an ongoing proceeding or investigation.
GAO Releases Report on Deferred Action for Childhood Arrivals (DACA)
GAO reviewed the extent to which USCIS shares information on DACA requestors and recipients with immigration enforcement agencies, finding that USCIS shared such information in fewer than 900 cases between June 2012 and June 2021. The report includes data on DACA adjudication outcomes and more.
Practice Alert: Respondent and Counsel Not Required to Be in Same Location During Remote Hearings
The ICE/EOIR Committee provides an update from EOIR in response to its announcement that starting on 1/10/22, it has postponed non-detained, non-represented cases hearings due to COVID. Respondents are not required to be in the same location as counsel.
EOIR Announces Suspension of All Standing Orders Through January 31, 2022
EOIR announced that the Chief Immigration Judge has suspended all standing orders through January 31, 2022, because of operational changes due to the ongoing pandemic. The EOIR website will be updated with information on the agency’s operation.
CA5 Says Government Rebutted Presumption of Future Persecution Based on Guatemalan Petitioner’s Sexual Orientation and Identity
The court held that because petitioner, who was homosexual and identified as transgender, had said that she could probably safely relocate in Guatemala, the BIA did not err in finding that the government had rebutted the presumption of future persecution. (Santos-Zacaria v. Garland, 1/10/22)
CA1 Remands for Reconsideration of Adverse Credibility Determination Where IJ and BIA Relied on Flawed “Gang Assessment Database”
On rehearing en banc, the court granted the petition for review, finding that IJ’s and BIA’s adverse credibility determination was not supported by substantial evidence, where the IJ had relied on a “Gang Assessment Database” that contained serious flaws. (Diaz Ortiz v. Garland, 1/10/22)