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
EOIR/ICE Joint Liaison Committee Fall Meeting with EOIR
AILA’s EOIR/ICE Joint Liaison Committee provides minutes received from EOIR covering their October 28, 2021, engagement. Topics include EOIR’s plans for Webex, what jurisdiction applies post-ICE transfers, the number of non-LPR cancellation cases awaiting a decision, and more.
CA7 Upholds Denial of CAT Relief to Petitioner Who Claimed He Was Target in Mafia Extortion Scheme in Honduras
Where petitioner feared that the mafia would target him because he had just returned from the United States, the court upheld the denial of Convention Against Torture (CAT) relief, finding that he was not more likely to be tortured if returned to Honduras. (Pineda-Teruel v. Garland, 10/27/21)
DHS Issues Memo on Guidelines for ICE and CBP Enforcement in or Near Protected Areas
DHS issued a memo on ICE and CBP enforcement in or near protected areas, stating that enforcement actions should not restrain a noncitizen’s access to essential services, such as food, water, or medical attention. The memo lists protected areas and exceptions to use of the guidance.
EOIR Announces Appointment of 24 New Immigration Judges
EOIR announced Attorney Garland’s appointment of 24 new immigration judges, including four Assistant Chief Immigration Judges and two Unit Chief Immigration Judges. The memo provides a biography for each judge. They will join the newest BIA member, Appellate Immigration Judge Andrea Saenz.
DHS Secretary Strengthens Protections from Enforcement Actions for Sensitive Locations
AILA President Allen Orr welcomed the new sensitive locations memo from DHS Secretary Alejandro Mayorkas but noted, “Without accountability, ICE and other DHS agents will have the leeway to continue as they have under the previous administration. That would be disastrous and unacceptable.”
CA1 Finds That Six Months of Detention Under INA §236(c) Does Not Automatically Trigger Right to Bond Hearing
The court affirmed the district court’s ruling that there is no per se constitutional entitlement to a bond hearing before an IJ for noncitizens detained pursuant to INA §236(c) for more than six months pending the completion of removal proceedings. (Reid, et al. v. Donelan, et al., 10/26/21)
CA1 Remands for BIA to Assess Whether Petitioner’s Appeal Warrants Equitable Tolling of 8 CFR §1003.38(b)’s Filing Deadline
The court held that the BIA had failed to address the petitioner’s request to apply equitable tolling in determining whether her appeal was timely, and thus vacated the BIA’s dismissal of the petitioner’s appeal and remanded. (James v. Garland, 10/25/21)
ICE Revises Policy on Notification and Reporting of Detainee Deaths
Dated 10/25/21, ICE Directive 11003.5 revises certain responsibilities, including requiring Office of Detention Ombudsman be notified of a detainee death and allowing for potential additional review for deaths occurring within 30 days of detainee’s release. Supersedes previous directives on topic.
Biden Administration Rightly Removes Artificial Quotas for Immigration Judges
AILA welcomed news that the Biden administration has removed the artificial quotas imposed on immigration judges but urged further action to rescind other Trump-era policies which continue to undercut the integrity and independence of our immigration courts.
AILA and Partners Submit Amicus Brief on Divisibility of Idaho Controlled Substance Statute
AILA and partners submitted an amicus brief to CA9 in Juarez v. Garland requesting the court to conclude that Idaho Code § 37-2732(a)(1)(A) unambiguously compels the conclusion that Idaho Code § 37-2732(a)(1)(A) is indivisible as to the particular substance.
CA9 Reverses District Court’s Grant of Nationwide Preliminary Injunction Against ICE Detention Facilities in COVID-19 Lawsuit
The court reversed the district court’s grant of a preliminary injunction, finding that the plaintiffs did not provide evidence of constitutional and statutory violations on a programmatic, nationwide level to justify the extraordinary relief they requested. (Fraihat v. ICE, 10/20/21)
AILA Position on the Use of Virtual Hearings in Removal Proceedings
AILA takes the position that virtual hearings should generally only be used only at the respondent’s request given the serious due process concerns at stake in removal proceedings.
CA4 Strikes Down Matter of S-O-G- & F-D-B-
The court abrogated Matter of S-O-G- & F-D-B-, holding that 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii) unambiguously grant IJs and the BIA the general power to terminate removal proceedings. (Chavez Gonzalez v. Garland, 10/20/21)
AILA and Partners Submit Comments on Proposed Changes to Asylum Procedures
AILA, the Council, and Justice Campaign expressed support for the proposal to give asylum officers authority to grant asylum to migrants who pass credible fear interviews and attend hearings with their office but to abandon a proposed streamlined removal hearing.
CA1 Remands Where BIA Denied Withholding of Removal to Honduran Petitioner Based on IJ’s Adverse Credibility Finding
The court held that the BIA’s affirmance of the IJ’s adverse credibility finding as to the Honduran petitioner could not be sustained, and thus vacated and remanded the BIA’s order affirming the denial of the petitioner’s request for withholding of removal. (Lopez Troche v. Garland, 10/18/21)
Attorney General Garland Releases Report on Phased Strategic Plan to Expand Access to Justice
Attorney General Garland released a phased strategic plan to expand access to justice within the justice department and throughout the federal government. The report includes the president’s directives, a 120-day review of the department, and responsibilities of the Legal Aid Interagency Roundtable.
CA2 Finds Connecticut Convictions for Possession of Narcotics with Intent to Sell Were Aggravated Felony Drug Trafficking Offenses
The court held that the petitioners’ convictions under Connecticut General Statute §21a-277(a) were controlled substance offenses and aggravated felony drug trafficking crimes, and that the jurisdictional holding of Banegas Gomez v. Barr remained good law. (Chery v. Garland, 10/15/21)
EOIR 60-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-28
EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court. Comments are due December 14, 2021. (86 FR 57444, 10/15/21)
Liaison Update: Key Takeaways from Listening Session on Immigration Detention Ombudsman
AILA provide key takeaways from the CIS Ombudsman’s listening session with the DHS Office of the Immigration Detention Ombudsman. This new office is an independent office outside of ICE and CBP charged with redressing detainee complaints about conditions and violations by DHS staff and contractors.
CIS Ombudsman’s Office Provides PPT and Q&As from Listening Session with Immigration Detention Ombudsman
The CIS Ombudsman’s Office provided the PPT and Q&As from the listening session on the Office of the Immigration Detention Ombudsman.
DHS OIG Finds ICE Needs to Improve Oversight of Segregation Use in Detention Facilities
DHS OIG audited ICE detention facilities to determine whether administrative and disciplinary segregation complied with ICE detention standards. Finding noncompliance with NARA retention schedules and insufficient reports on segregation, DHS made three recommendations and ICE concurred.
CA3 Finds BIA Misapprehended Applicable Law by Not Considering Religious Persecution Against Chinese Petitioner Cumulatively
Granting the petition for review and remanding, the court held that while the BIA was correct in finding that the petitioner had not suffered political persecution in China, its reasons for rejecting religious persecution were flawed. (Liang v. Att’y Gen., 10/12/21)
CA7 Upholds Denial of CAT Relief to Petitioner Who Feared Being Removed to Burundi as a Returning Twa Refugee
Where the petitioner claimed that he feared being removed to Burundi because he was a returning Twa refugee and was unable to speak the native language, the court upheld the BIA’s denial of deferral of removal under the Convention Against Torture (CAT). (Nyandwi v. Garland, 10/8/21)
AILA Joins 220 Organizations in Opposing Expansion of Immigration Detention
AILA joined 220 organizations in expressing disappointment about the planned reopening of Moshannon Valley Correctional Center as an ICE detention center, and the conversion and expansion of the Berks County ICE detention center to an adult facility for women.
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 10/1/21 and ending 12/31/21, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.05 per centum per annum. (86 FR 55922, 10/7/21)