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
AILA and the Council Urge DHS and ICE to Create Functioning System of Discretionary Release from ICE Detention
AILA and the Council sent a letter to DHS Secretary Mayorkas and Acting ICE Director Johnson urging DHS to establish a functioning system of discretionary release from ICE custody, arguing that all detained individuals must have a meaningful opportunity to have their custody evaluated.
Policy Brief: Moving the Nation Forward by Leaving Immigration Detention Behind
AILA issued a policy brief calling on Congress and the Biden administration to move away from the nation’s harmful and grossly overused detention system. The brief provides recommendations for reducing and phasing out immigration detention, including community-based case management support.
CA5 Upholds Denial of Motion for Reconsideration Where Petitioner Alleged Non-Delivery of Documents from the BIA
The court held that the BIA did not abuse its discretion in concluding that the petitioner had failed to rebut the presumption of delivery of the briefing schedule, transcript, and IJ’s written decision, finding that his counsel’s declarations were insufficient. (Njilefac v. Garland, 3/24/21)
CA9 Remands Asylum Claim of Salvadoran Petitioner with an Intellectual Disability
The court held that the BIA and IJ erred in misunderstanding the petitioner’s proposed social group comprised of “El Salvadoran men with intellectual disabilities who exhibit erratic behavior” for purposes of asylum and withholding relief. (Acevedo Granados v. Garland, 3/24/21)
Senate Bill: Funding Attorneys for Indigent Removal (FAIR) Proceedings Act
On 3/23/21, Senator Gillibrand (D-NY) introduced the FAIR Proceedings Act, guaranteeing access to legal counsel during removal proceedings for children, individuals with disabilities, victims of abuse, torture, and violence, and those living at or below 200 percent of the federal poverty line.
Senators Urge Attorney General Garland to Make Key Reforms to Immigration Courts
Senator Gillibrand (D-NY), along with several other senators, sent a letter to Attorney General Merrick Garland urging him to review and address the needs of the U.S. immigration courts and highlighting several key priorities. AILA worked with Senate staff to support the letter.
Further Delay of Effective Date of Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal
USCIS and EOIR interim final rule further delaying until 12/31/21 the effective date of the final rule “Security Bars and Processing” (85 FR 84160, 12/23/20). Public comment is also sought on whether the rule should be revised or revoked; comments are due 4/21/21. (86 FR 15069, 3/22/21)
CA5 Says Categorical Approach Applies to Texas Conviction for Possession of Controlled Substance in Penalty Group 2-A
Where petitioner had been convicted in Texas of possessing a controlled substance listed in Penalty Group 2-A, the court held that the government had failed to show that Penalty Group 2-A was divisible, and thus that the categorical approach should apply. (Alejos-Perez v. Garland, 3/22/21)
CA8 Says There Is No “Miscarriage of Justice” Exception to Statutory Prohibition on Reopening a Reinstated Removal Order
The court held that there is no “gross miscarriage of justice” exception to the statutory prohibition on reopening a reinstated removal order, and concluded that the immigration court lacked jurisdiction to reopen the petitioner’s 1998 proceeding. (Gutierrez-Gutierrez v. Garland, 3/22/21)
CA8 Finds That Petitioner’s 2006 Federal Conviction for Illegal Reentry Under INA §276 Is Not an Aggravated Felony
The court held that because petitioner’s 2003 Missouri marijuana conviction was not a categorical match to the corresponding federal offense in INA §101(a)(43)(B), his 2006 conviction for illegal reentry was not an aggravated felony under INA §101(a)(43)(O). (Lopez-Chavez v. Garland, 3/22/21)
CA1 Says BIA Did Not Err in Finding That Asylum Applicant Failed to Prove His Chinese Citizenship
The court held that the BIA and IJ properly found that the petitioner had failed to prove his Chinese citizenship on the basis of a lack of corroborating evidence, and thus found that he could not base his asylum application on a fear of returning to China. (Thile v. Garland, 3/19/21)
CBP Issues Guidance on Using Prosecutorial Discretion to Release Migrants Along the Southwest Border
CBP issued a memo on prosecutorial discretion, stating that USBP will exercise its discretionary authority to release individuals without placing them in removal proceedings when at least one of the listed “triggers” are met.
DHS OIG Finds Poor Planning Led to Extended Migrant Detention During 2019 Surge
DHS OIG found that, during the 2019 migrant surge, CBP could not transfer detainees within 72 hours due to insufficient ICE ERO bed space. Despite worsening conditions, CBP generally did not release single adults from custody and instead created ad-hoc solutions to manage the detainee population.
EOIR Rescinds Policy Memorandum on Case Processing at the BIA
EOIR issued a policy memo (PM 21-16) rescinding and cancelling PM 20-01, Case Processing at the Board of Immigration Appeals. Upon this rescission, the BIA returns to the case management system established by regulation that was effective on 9/25/02 to manage the Board’s caseload.
CA10 Holds That INA §237(a)(1)(C)(i) Does Not Require Failure to Maintain Visa Status to Be Fault of Visa Holder
Denying the petition for review, the court held that the plain meaning of INA §237(a)(1)(C)(i) does not require a failure to maintain nonimmigrant status to be the fault of the nonimmigrant or the result of some affirmative action taken by the nonimmigrant. (Awuku-Asare v. Garland, 3/16/21)
CA3 Holds That INA §237(a)(2)(B) Provides No Pardon Waiver for a Controlled Substance Offense
Denying the petition for review, the court held that INA §237(a)(2)(B), which provides for removal of a noncitizen convicted of a violation of any law or regulation of a state relating to a controlled substance, contains no pardon waiver. (Aristy-Rosa v. Att’y Gen., 3/16/21)
AILA and Partners Send Letter to AG Garland Urging Reform of America's Immigration Enforcement and Judicial Systems
On March 16, 2021, AILA and coalition partners sent a letter to Attorney General Merrick Garland requesting action on various priorities, including the reprioritization of 700,000 cases in the immigration court backlog.
CA9 Holds That Petitioner Failed to Show Changed Country Conditions in Mexico Since His 2003 Removal Order
The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen after determining that the petitioner had failed to present evidence demonstrating that country conditions in Mexico had changed since his 2003 removal order. (Rodriguez v. Garland, 3/15/21)
CA9 Remands CAT Claim of Honduran Petitioner Based on Evidentiary Issue Related to DOS Country Report
The court remanded petitioner’s Convention Against Torture (CAT) claim to the BIA for reconsideration in light of the fact that the IJ took judicial notice of, and relied upon, DOS’s Country Report, yet the BIA’s decision did not take it into account. (Aguilar-Osorio v. Garland, 3/15/21)
CA1 Remands Asylum Claim of Cuban Petitioner Who Claimed He Was Targeted for His Anti-Castro Political Beliefs
The court vacated and remanded the BIA’s decision affirming the IJ’s adverse credibility determination, finding that alleged discrepancies between the petitioner’s interview account and his hearing account failed to support the adverse credibility finding. (Cuesta-Rojas v. Garland, 3/15/21)
TRAC Reports Rise in Border Book-Ins Even as Immigration Detention Numbers Fall
TRAC reports that at the end of President Biden’s first month in office, the number of individuals arrested and detained by ICE fell sharply compared to the month before. In contrast, the number of individuals turned over to ICE for detention from arrests by the Border Patrol and at POEs went up.
BIA Invites Amicus Briefs on Divisibility of Iowa's Theft Statute
The BIA invites amicus briefs on the question of whether Iowa’s theft statute, which is codified at Iowa Code §714.1, is divisible as to thefts by takings and thefts by fraud. The deadline to file a Request to Appear and brief is April 14, 2021; briefs must be limited to 30 double-spaced pages.
Overview of EOIR Discipline and Performance Protocols
An overview of EOIR discipline and performance protocols, including a description of the current complaint process, a discipline article of NAIJ, sample performance appraisal plan, and collective bargaining agreement.
CA6 Says BIA Did Not Abuse Its Discretion in Denying Motion to Reopen Where NTA Was Not in Petitioner’s Native Language
Where the Guatemalan petitioner’s Notice to Appear (NTA) was delivered in English, the court rejected her argument that the NTA violated her due process rights because it did not detail in her native language the consequences of failing to attend her proceeding. (Lopez v. Garland, 3/12/21)
CA8 Concludes That Petitioner’s Conviction for Second-Degree Felony Assault in Minnesota Was a Particularly Serious Crime
The court held that the BIA did not err in determining that the petitioner’s conviction for second-degree felony assault in Minnesota was a particularly serious crime barring statutory withholding of removal and Convention Against Torture (CAT) relief. (Jama v. Wilkinson, 3/11/21)