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
BIA Rules on Special Rule Cancellation of Removal
BIA ruled that an applicant for special rule cancellation of removal under INA §240A(b)(2) based on spousal abuse must demonstrate both that the abuser was their lawful spouse and was either a U.S. citizen or LPR at the time of the abuse. Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021)
CA9 Holds That Amendment to §18.5 of the CPC Cannot Be Applied Retroactively for Purposes of INA §237(a)(2)(A)(i)
The court held that an amendment to §18.5 of the California Penal Code (CPC), which retroactively reduces the maximum misdemeanor sentence to 364 days, cannot be applied retroactively for purposes of removability under INA §237(a)(2)(A)(i). (Velasquez-Rios v. Barr, 10/28/20, amended 2/24/21)
South Florida Miami IJ Burgess: ROR Is Parole
In a written decision dated February 23, 2021, Miami Immigration Judge Abraham Burgess finds that release on recognizance is parole. He certified his decision up to the BIA.
CA1 Finds BIA Applied Incorrect Standard in Determining That LCA Filed Was Not “Approvable When Filed”
The court held that determining whether a labor certification application (LCA) is approvable when filed requires a holistic inquiry, and found that the BIA had failed to keep its focus on that inquiry in the course of its evaluation of the petitioner’s LCA. (Oliveira v. Wilkinson, 2/22/21)
CA2 Says Petitioner’s Belief That Gangs Are Bad for His Town and Country Is Not a Political Opinion for Asylum Purposes
The court held that the petitioner’s negative view of gangs did not amount to a political opinion for asylum purposes, and that substantial evidence supported the BIA’s decision that he did not establish a likelihood of future torture in El Salvador. (Zelaya-Moreno v. Wilkinson, 2/26/21)
Trump’s “Midnight Rule” Ties Immigration Judges’ Hands
In this blog post, AILA members and CLINIC attorneys Vickie Neilson and Jonathan Langer describe how the Trump administration's midnight rulemaking has harmed clients, including one rule that prevents judges from reopening old removal orders.
CA9 Says Federal Conviction for Dealing in Firearms Without a License Is an Aggravated Felony
The court held that the petitioner’s conviction for importing, manufacturing, or dealing in firearms without a license was categorically an “illicit trafficking in firearms” aggravated felony under INA §101(a)(43)(C) that rendered him ineligible for asylum. (Chacon v. Wilkinson, 2/18/21)
CA9 Finds BIA Erred in Asylum Nexus Analysis as to Petitioner Who Fled Mexico Due to Drug Cartel’s Threats
Granting in part the petition for review, the court concluded that substantial evidence did not support the BIA’s determination that petitioner was not persecuted on account of her membership in her proposed social groups—her family and property owners. (Naranjo Garcia v. Wilkinson, 2/18/21)
ICE Acting Director Issues Interim Guidance on Civil Immigration Enforcement and Removal Priorities
ICE Acting Director issued a memo establishing interim guidance in support of the interim civil immigration enforcement and removal priorities issued by DHS on 1/20/21. The guidance, effective immediately, covers enforcement actions, custody decisions, execution of final orders of removal, and more.
CA2 Finds Petitioner’s Prolonged Confinement in Italian 41-Bis Prison Regime Did Not Amount to Torture
The court rejected the petitioner’s contention that the conditions of prolonged 41-bis incarceration he faced or would face in Italy rose to the level of torture, as that term is used in the Convention Against Torture (CAT) and its implementing regulations. (Gallina v. Wilkinson, 2/12/21)
Policy Brief: Why President Biden Needs to Make Immediate Changes to Rehabilitate the Immigration Courts
In just four years, President Trump implemented radical changes that fundamentally compromised the integrity of the immigration courts. This policy brief explains the most critical and urgent changes President Biden should make to the immigration court system to ensure fairness and impartiality.
TRAC Finds Immigrants Facing Deportation Wait Twice as Long in FY2021 Compared to FY2020
TRAC found that immigration cases completed in the first four months of FY2021 took nearly twice as long from beginning to end (859 days, on average) as cases completed in the first four months of FY2020 (436 days, on average). The average wait time for pending cases is also up (889 days).
CA7 Says That BIA Did Not Abuse Its Discretion in Declining to Reopen Mexican Petitioner’s 1992 Deportation Proceedings
The court held that BIA did not abuse its discretion in denying the petitioner’s motion to reopen her 1992 deportation proceedings, finding that the Supreme Court’s decision in Pereira v. Sessions did not affect the soundness of her proceedings. (Perez-Perez v. Wilkinson, 2/11/21)
CA8 Finds BIA Erred in Refusing to Consider Iraqi Petitioner’s Mental Illness in Particularly Serious Crime Determination
Granting the petition for review, the court held that the IJ and BIA had impermissibly refused to consider the Iraqi petitioner’s mental illness as a factor in determining whether he was barred from withholding of removal based on a particularly serious crime. (Shazi v. Wilkinson, 2/11/21)
AILA and Cardozo Law School Provide Recommendations for Removing Non-Priority Cases from the Immigration Court Backlog
AILA's Greg Chen and Cardozo Law School's Peter Markowitz provided recommendations to DOJ and EOIR leadership on how immigration courts can use existing federal regulation and other authorities to presumptively shift cases off the docket by identifying specific categories of non-priority matters.
CA9 Holds That “Minor Christian Males Who Oppose Gang Membership” Is Not a Particular Social Group
Upholding the BIA’s denial of asylum and related relief, the court found that the petitioner’s proposed particular social group (PSG) comprised of “minor Christian males who oppose gang membership” was not a cognizable PSG. (Santos-Ponce v. Wilkinson, 2/10/21)
CA9 Says “Mexican Wealthy Business Owner” Is Not a Particular Social Group
Denying in part the petition for review, the court held that petitioner’s proposed particular social group (PSG) of “Mexican wealthy business owners” was not cognizable because it lacked social distinction, particularity, or an immutable characteristic. (Macedo Templos v. Wilkinson, 2/9/21)
CA1 Upholds Adverse Credibility Determination as to Ecuadorian Asylum Seeker Based on Inconsistencies in the Record
The court held that substantial evidence supported the BIA’s decision affirming the IJ’s adverse credibility determination, reasoning that discrepancies in the record warranted a finding that petitioner had testified untruthfully about his asylum claim. (Zaruma-Guaman v. Wilkinson, 2/9/21)
Practice Pointer: FAQs on DHS’s Withdrawal of the NTA Policy and How It Affects U and T Visa Applicants and VAWA Self-Petitioners
On 1/20/21, DHS withdrew USCIS’s 6/28/18 policy memo that outlined its NTA policy. AILA's VAWA, Us, and Ts Committee issued a practice pointer containing frequently asked questions concerning the impact of the withdrawal of the NTA policy on U and T visa applicants and VAWA self-petitioners.
Practice Alert: Client Signatures Not Required on Form G-28 for Individuals in Detention
ICE Enforcement and Removal Operations has temporarily relaxed the requirement for a physical signature on Form G-28 from represented individuals in immigration detention.
Practice Alert: BIA Decision in Matter of H-L-S-A Narrows Protection for Government Witnesses
AILA provides a practice alert on formulating particular social groups for government witnesses after Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021), which limits protection to individuals who publicly testify against criminal groups. Special thanks to the AILA Asylum and Refugee Committee.
CA4 Overturns BIA’s Denial of Asylum Where Petitioner Showed She Was Persecuted on Account of Her Nuclear Family
The court rejected the BIA’s “excessively narrow” view of the nexus requirement, concluding that the record indisputably showed that the petitioner had satisfied her burden to establish that her familial ties were one central reason for her persecution. (Diaz de Gomez v. Wilkinson, 2/8/21)
EOIR 30-Day Extension of Comment Period on New FOIAXpress Public Access Link
EOIR 30-day extension of a comment period previously announced at 85 FR 73513 on a new “FOIAXpress Public Access Link” for members of the public seeking to obtain records from EOIR. Comments are now due 3/8/21. (86 FR 8381, 2/5/21)
Practice Alert: State of Play Following Presidential Executive Order on Comprehensive Regional Framework and Asylum
This practice alert provides an overview of the 2/2/21 EO on “Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border.”
AILA and Partners Submit Amicus Brief on the Retroactive Application of California Misdemeanor Law in Removal Proceedings
AILA and partners submitted an amicus brief in the Ninth Circuit arguing that the court’s panel decision in Velasquez-Rios v. Barr is inconsistent with federalism jurisprudence and eliminates immigration relief for classes of noncitizens convicted of single misdemeanors in California.