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 Remands Where IJ Failed to Consider Favorable Factors in Denying Voluntary Departure to Petitioner
The court held that the IJ had failed to evaluate the factors weighing in favor of granting voluntary departure to the petitioner, and thus granted in part the petition for review and remanded to the BIA. (Zamorano v. Garland, 6/25/21)
OPLA Miami Contact Sheet (June 2021)
OPLA Miami Contact Sheet as of June 2021, courtesy of AILA South Florida’s ICE OPLA Liaison Committee.
AILA Submits Amicus Brief on Rights to a Direct Appeal
AILA submitted an amicus brief in Solomonov v. Garland agreeing that a conviction does not become final for immigration purposes until any direct appeal has been concluded and urging the court to grant petitioner’s request for initial hearing en banc.
DOJ Issues Guidance Regarding Adjudication of Motions to Reopen in MPP Cases
DOJ issued guidance to all immigration court and BIA personnel with information regarding the adjudication of motions to reopen in Migrant Protection Protocols (MPP) cases.
CA7 Says BIA Erred by Requiring Petitioner to Show Prejudice from His Defective NTA
Where petitioner received a procedurally defective Notice to Appear (NTA) for his removal proceedings and made a timely objection, the court held that BIA erred in finding he was not entitled to relief unless he could demonstrate prejudice from the NTA. (Avila de la Rosa v. Garland, 6/24/21)
BIA Remands for IJ to Determine Qualification for “Simple Possession” Exception
The BIA sustained the appeal and remanded to allow the IJ to evaluate if the respondent qualifies for the “simple possession” exception to §245(h)(2)(B) under the circumstance-specific approach. Matter of Moradel, 28 I&N Dec. 310 (BIA 2021)
CA4 Upholds Asylum Denial to Honduran Petitioner Convicted of Unlawful Wounding in Virginia
The court held that petitioner was ineligible for asylum based upon his conviction for unlawful wounding in Virginia, and found that the BIA did not err in denying his claims for withholding of removal or Convention Against Torture (CAT) protection. (Moreno-Osorio v. Garland, 6/23/21)
DHS Announces Expanded Criteria for MPP-Enrolled Individuals Who Are Eligible for Processing into the United States
DHS announced that it will expand the pool of MPP-enrolled individuals who are eligible for processing into the United States. Beginning June 23, 2021, DHS will include MPP enrollees who had their cases terminated or were ordered removed in absentia.
OPLA Miami Scheduling, Attorney /Client Assignments (July 5 - 16, 2021)
OPLA Miami scheduling for all non-detained from July 5 to 16. These assignments were based upon dockets published by EOIR.
CA9 Finds Changed Country Conditions Exception Applies Where Personal Circumstances Changed in a Way Entirely Outside Petitioner’s Control
The court held that while a self-induced change in personal circumstances does not qualify for the changed country conditions exception, that principle does not apply when changed country circumstances, while personal to petitioner, are entirely outside her control. (Kaur v. Garland, 6/21/21)
D.C. Circuit Affirms Dismissal of Most Claims Brought by Detained Mothers and Children Challenging Credible Fear Regulations
The court affirmed the district court’s conclusion that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) barred its review of 10 of 11 alleged policies, because the policy was unwritten or challenges to it were untimely. (M.M.V., et al. v. Garland, et al., 6/18/21)
CA11 Finds BIA Failed to Properly Reconsider Discretionary Denial of Asylum Under 8 CFR §1208.16(e)
The court held that when an applicant is discretionarily denied asylum but granted withholding of removal and the IJ fails to reconsider its discretionary denial of asylum, the BIA must remand for the IJ to conduct this required reconsideration. (Thamotar v. Att’y Gen., 6/17/21)
CA3 Upholds BIA’s Denial of Motion to Reopen CAT Claim Based on Changed Country Circumstances in Jamaica
The court found that the BIA did not abuse its discretion in dismissing petitioner’s motion to reopen as untimely, finding that her motion did not contain any evidence that Jamaican officials would likely acquiesce to her torture if she were returned to Jamaica. (Darby v. Att’y Gen., 6/17/21)
DOJ Issues Memo on the Impact of Attorney General Decisions in Matter of L-E-A- and Matter of A-B-
DOJ issued a memo to the Civil Division’s Office of Immigration Litigation on the impact of Attorney General Merrick Garland’s vacation of Matter of L-E-A- (L-E-A- II), Matter of A-B- (A-B- I), and Matter of A-B- II).
Justice Campaign Provides Samples, Templates, and More for Detained Removal Defense Practitioners
The Immigration Justice Campaign has created and gathered materials to support detained removal defense work. On this page you will find samples, templates, and other practice materials that may be of use in representing detained clients.
Nine Years Since DACA Was Announced – the Senate Needs to Act
AILA celebrated the ninth anniversary of the creation of the Deferred Action for Childhood Arrivals (DACA) initiative, but AILA President Allen Orr, Jr. called on Congress to enact permanent protection for Dreamers, saying it “would be a moral and economic victory for the entire country.”
OPLA Miami Scheduling, Attorney /Client Assignments (June 14 -18, 2021)
OPLA Miami scheduling for all non-detained for the week of June 14 - 18. These assignments were based upon dockets published by EOIR.
OPLA Miami Scheduling, Attorney /Client Assignments (June 14 - July 2, 2021)
OPLA Miami scheduling for all non-detained from June 14 to July 2, 2021. These assignments were based upon dockets published by EOIR.
CA9 Reverses Denial of Deferral of Removal Where BIA Improperly Engaged in De Novo Review
The court held that the BIA erred by reviewing the IJ’s decision de novo rather than for clear error, and found that the record established that the petitioner had met her burden to show it was more likely than not she would be tortured if removed to Mexico. (Soto-Soto v. Garland, 6/11/21)
EOIR Issues Guidance After DHS Issued Updated Enforcement Priorities and Initiatives
EOIR issued a memo that provides EOIR policies regarding the effect of DHS’s updated enforcement priorities and initiatives. Memo is effective as of 6/11/21.
ICE Provides Guidance on Submitting Prosecutorial Discretion Requests to OPLA
ICE provided guidance on submitting a prosecutorial discretion request to OPLA including a listing of relevant email addresses that can be used when submitting a request to OPLA field locations.
Sample Motion to Stay or Recall the Mandate at Court of Appeals
Sample motion for a petitioner’s motion to recall the mandate in light of the Supreme Court’s decision in Niz-Chavez v. Garland. (Petition for Review)
Representatives Urge Attorney General to Reverse Trump’s Attacks on Immigrants
On 6/10/21, Representative Pramila Jayapal (D-WA) led 60 lawmakers in calling on DOJ to immediately implement a set of reforms on immigration court backlogs, regulatory and policy review, EOIR personnel, legal representation, criminal prosecutions, and the ongoing pandemic.
Supreme Court Holds Crime with a Mens Rea of Recklessness is Not a “Violent Felony”
The Supreme Court held that a crime with a mens rea of recklessness does not qualify as a “violent felony” under the Armed Career Criminal Act (ACCA). (Borden v. U.S., 6/10/21)
ICYMI: ICE Provides Interim Litigation Position Regarding Motions to Reopen in Light of Niz-Chavez v. Garland
ICE provided interim guidance on motions to reopen in light of SCOTUS’s decision in Niz-Chavez v. Garland, stating that some noncitizens may now be eligible for cancellation of removal. Until 11/16/21, ICE attorneys will presumptively exercise prosecutorial discretion for these individuals.