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
CA11 Says BIA’s Determination That Petitioner Was Ineligible for Preconclusion Voluntary Departure Was Within Its Independent Discretion
Where petitioner argued that an IJ had failed to inform him he could apply for preconclusion voluntary departure, the court found it lacked jurisdiction to consider his petition, because the BIA had ruled that preconclusion voluntary departure was not warranted. (Blanc v. Att’y Gen., 5/11/21)
CBP Data and Statistics
CBP announced its April 2021 operational update. In April 2021, CBP encountered 178,622 persons attempting entry along the southwest border; expelled 111,714 individuals under Title 42; and encountered 13,962 unaccompanied children and minors from Northern Triangle countries.
ICE Provides Updated FAQs on Sensitive Locations and Courthouse Arrests Policy
Following the issuance of new guidance limiting ICE and CBP civil enforcement actions in or near courthouses, ICE updated its FAQs on sensitive locations and courthouse arrests.
CIS Ombudsman’s Office Issues Reminder for DACA Renewals
The CIS Ombudsman’s Office issued a reminder that individuals who are eligible to renew their DACA and employment authorization may submit their renewal request between 150 days and 120 days before the expiration on their current Form I-797, Notice of Approval, and on the EAD.
DHS Withdrawal of Proposed Rule on Use and Collection of Biometrics
DHS withdrawal of the proposed rule on the use and collection of biometrics in the enforcement and administration of immigration laws, which was published at 85 FR 56338 on 9/11/20. (86 FR 24750, 5/10/21)
DHS Withdrawal of Proposed Rule on Eliminating Employment Authorization for Individuals with a Final Order of Removal
DHS withdrawal of a proposed rule published at 85 FR 74196 on 11/19/20, which would have eliminated employment authorization eligibility for individuals who have final orders of removal but are temporarily released from custody on an order of supervision. (86 FR 24751, 5/10/21)
CA3 Finds Sri Lankan Army’s Mistreatment of Petitioner Did Not Rise to Level of Past Persecution
The court held that petitioner’s 2007 detention and beating by the Sri Lankan army did not constitute past persecution, and that extortion attempts by the Eelam People’s Democratic Party (EPDP) of Sri Lanka were not motivated by an imputed political opinion. (Thayalan v. Att’y Gen., 5/10/21)
Adjectives Matter: What Does “Exceptional and Extremely Unusual Hardship” Mean?
AILA Member Eva Loney writes about the importance of adjectives in immigration law, specifically what “exceptional“ and “extremely unusual“ mean when considered in a removal case, highlighting why her article on the topic in the Spring AILA Law Journal was important to share.
Briefing Extension Request - BIA
Sample briefing extension request for the Board of Immigration Appeals (BIA).
Motion for Extension of the Briefing Deadline - BIA
Sample motion for submission to the BIA for an extension of the respondent's briefing deadline.
ICE Provides Data on Detention, Alternatives to Detention, and ICE Facilities
ICE provided searchable and sortable data tables with detention statistics, including the number of people in ICE detention, initial book-ins, average length of ICE custody, and more. In addition, ICE also provided data on Alternatives to Detention and ICE facilities, including address and type.
Iranians Forced Into Military Service Face Immigration Blockade
AILA member Scott Emerick details litigation recently filed to ensure Iranian nationals forced to serve in the Islamic Revolutionary Guard Corps aren't harmed by the U.S. government's decision to retroactively name it a terrorist organization.
Senators Request $200 Million for Services Within EOIR to Provide Legal Representation to Vulnerable Individuals
Twenty senators sent a letter to the Senate Subcommittee on Appropriations for Commerce, Justice, Science, and Related Agencies requesting that $200 million be appropriated to DOJ for legal services within EOIR to provide legal representation to vulnerable populations.
Senators Urge $300 Million in Funding for Legal Services for Unaccompanied Children
Twenty-one senators sent a letter to the Senate Subcommittee on Appropriations for Labor, Health and Human Services, Education, and Related Agencies requesting no less than $300 million in funding for legal services for unaccompanied children through the Office of Refugee Resettlement (ORR).
EOIR Announces 17 New Immigration Judges
EOIR announced 17 new immigration judges, including one assistant chief immigration judge and six unit chief immigration judges. The notice provides the judges’ names, courts of appointment, and biographical information.
CA9 Defers to BIA’s Permissible Interpretation of Ambiguous “Date of Admission” Phrase in INA §237(a)(2)(A)(i)(I)
The court held that, for purposes of removability for crimes involving moral turpitude (CIMT), the phrase “the date of admission” in INA §237(a)(2)(A)(i)(I) is ambiguous, and the BIA’s interpretation of the phrase in Matter of Alyazji was permissible. (Route v. Garland, 5/6/21)
AAO Finds Director Did Not Fully Evaluate Favorable Factors in Denying Application for Permission to Reapply for Admission
In a nonprecedent decision, the AAO withdrew the Director’s decision denying the applicant’s Form I-212 and remanded, finding that it did not reflect a proper analysis of the favorable and unfavorable factors in the applicant’s case. Courtesy of Alan Lee. In Re: 5511191 (AAO 5/6/21)
DHS Issues Statement on the Expiration of 100-Day Removal Pause
DHS issued a statement on the expiration of the 100-day pause on removals. Per the statement: “DHS does not intend to extend or reinstate a policy requiring a pause on the execution of final orders of removal for any noncitizens.”
CA8 Says a Grant of TPS Does Not Excuse INA §240A(a)’s Admission Requirement for TPS Recipients
The court held that petitioner’s grant of Temporary Protected Status (TPS) did not remove the need for him to show that he was admitted in order to be eligible for cancellation of removal, and that his grant of TPS was not an admission for cancellation purposes. (Artola v. Garland, 5/5/21)
CA3 Holds That IJs and the BIA Have General Authority to Administratively Close Cases
The court held that 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii) unambiguously grant IJs and the BIA general authority to administratively close cases by authorizing them to take “any action” that is “appropriate and necessary” for the disposition of cases. (Arcos Sanchez v. Att’y Gen., 5/5/21)
CA3 Says IJs Have Jurisdiction over Removal Proceedings Started by a Notice of Referral to an IJ Lacking Time and Place Information
Denying the petition for review, the court held that an IJ is not deprived of jurisdiction under 8 CFR §1003.14 over removal proceedings commenced by a Notice of Referral to an IJ that lacks time and place information. (Mejia Romero v. Att’y Gen., 5/5/21)
CA3 Finds That Conviction for Second-Degree Robbery in New Jersey Is an Aggravated Felony Theft Offense
The court held that the petitioner’s 2000 conviction for second-degree robbery in New Jersey constituted an aggravated felony theft offense under INA §101(a)(43)(G), and thus found that the petitioner was ineligible for asylum and withholding of removal. (K.A. v. Att’y Gen., 5/4/21)
CA9 Holds That Petitioner’s Asylum Application Was Abandoned Based on Her Failure to Submit Required Biometrics
The court upheld the BIA and IJ’s conclusion that the petitioner’s application for asylum and related relief had been abandoned under 8 CFR §1003.47(c) based on her failure to submit biometrics or establish good cause for her failure to do so. (Gonzalez-Veliz v. Garland, 5/4/21)
AILA and Partners Submit Amicus Brief Arguing Iowa Theft Statute Is Indivisible
AILA and partners submitted a brief responding to BIA’s amicus invitation on the divisibility of Iowa’s theft statute. The brief argues that Iowa Code §714.1 is a single offense, and, therefore, indivisible, and highlights the categorical approach’s demand for certainty in the divisibility analysis.
ICE ERO Northern Florida NGO Contact Sheet - Tallahassee (May 2021)
ICE ERO Tallahassee contact information for Northern Florida NGOs for Non-Detained Unit and Alternatives to Detention as of May 2021.