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
Executive Order on Enforcement of U.S. Immigration Laws
On 1/20/25, President Trump issued Executive Order (EO) 14159, which revokes proclamations from President Biden on enforcement, border processing, and family reunification, among others. (90 FR 8443, 1/29/25)
EOIR Rescinds and Cancels OPPM on Enforcement Actions in or near OCIJ Space
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-06, “Cancellation of Operating Policies and Procedures Memorandum 23-01,” which rescinds and cancels the 12/11/23 OPPM providing guidance on DHS enforcement actions in or near Office of the Chief Immigration Judge (OCIJ) space.
AILA Amicus Brief Explains that BIA Decisions are Not Entitled to Deference Post Loper Bright
In the wake of the Supreme Court's decision in Loper Bright, BIA decisions are not entitled to deference or special respect on judicial review, and earlier court decisions relying on Chevron deference to uphold BIA statutory interpretation should be reconsidered.
ICE Releases Statement on “Enhanced Targeted Operations” in Chicago
ICE issued a short statement that it, along with federal partners, including the FBI, ATF, DEA, CBP, and the U.S. Marshals Service, began conducting “enhanced targeted operations” on 1/26/25 in Chicago to “enforce U.S. immigration law and preserve public safety and national security.”
USCIS Provides Information on Certain TPS Recipients with Removal Orders Seeking Adjustment of Status
USCIS provided information on certain Temporary Protected Status (TPS) recipients with removal orders seeking adjustment of status, noting that they may, in certain cases, ask the ICE Office of the Principal Legal Advisor (OPLA) to consider joining in a joint motion to reopen proceedings.
CA9 Holds That Conviction in Nevada for Felony Battery Resulting in Substantial Bodily Harm Was Categorically a Crime of Violence
The court concluded that the petitioner’s conviction for felony battery resulting in substantial bodily harm under Nevada Revised Statutes (NRS) §200.481(2)(b) was categorically a crime of violence, and thus affirmed the BIA’s removability determination. (Villagomez v. McHenry, 1/24/25)
CA5 Finds That BIA Failed to Consider Critical Evidence in Its Likelihood-of-Torture Assessment as to Salvadoran Petitioner
The court held that the BIA’s apparent failure to consider the petitioner’s affidavits in connection with his country conditions evidence on El Salvador warranted remand for further consideration of his Convention Against Torture (CAT) claim. (Aguilar-Quintanilla v. McHenry, 1/24/25)
Seeking Stays of Removal
The American Immigration Council and the National Immigration Project have issued a new practice advisory, “Stays of Removal.” A stay of removal prevents the Department of Homeland Security (DHS) from deporting a noncitizen from the United States.
CA6 Holds That Petitioner’s Virginia Drug-Trafficking Conviction Was an Aggravated Felony
The court held that the petitioner’s conviction in Virginia for possessing with the intent to distribute methamphetamine was an aggravated felony under INA §101(a)(43)(B) that rendered him removable under INA §237(a)(2)(A)(iii). (Porter v. Bondi, 1/24/25)
DHS Issues Guidance on How to Exercise Enforcement Discretion
Acting DHS Secretary Benjamine Huffman issued a memo to ICE, CBP, and USCIS titled, “Guidance Regarding How to Exercise Enforcement Discretion” that outlines how to exercise enforcement discretion in implementing two new policies.
DHS Issues Statement on Directive Expanding Immigration Law Enforcement to Some DOJ Officials
DHS announced that on 1/23/25 Acting DHS Secretary Benjamine Huffman issued a directive giving DOJ law enforcement officials in the U.S. Marshals, DEA, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Prisons “authority to investigate and apprehend illegal aliens.”
Acting DHS Secretary Issues Finding of “Mass Influx of Aliens”
Acting DHS Secretary issued a finding, among other things, that “an actual or imminent mass influx of aliens is arriving at the southern border” and “presents urgent circumstances requiring an immediate federal response.” This finding is effective immediately and expires in 60 days, unless extended.
Practice Alert: Fifth Circuit Lifts DACA Injunction Outside Texas
Use this page to view the current state of the DACA program, which is entangled in litigation. See what DACA applications USCIS will accept and process, and what DACA applications are not being processed.
AILA Submits Amicus Brief in Support of Cancellation of Removal Where Child Aged out Due to Backlogs
AILA's brief argues that Petitioner should remain eligible for non-LPR Cancellation of Removal where her child was under 21 at the time of the individual hearing, even though her child later turned 21 while waiting for the grant to issue due to the backlog in issuing cancellation grants.
DHS Rescinds Guidelines for Enforcement Actions in or near Protected Areas and Issues Directive on Humanitarian Parole
DHS announced that on 1/20/25 Acting DHS Secretary Benjamine Huffman issued two directives, the first rescinding prior guidelines for ICE and CBP enforcement in or near protected areas, and the second ending “the broad abuse of humanitarian parole” and returning the program to a case-by-case basis.
DHS Reinstates Migrant Protection Protocols
DHS announced that it is restarting the Migrant Protection Protocols (MPP) immediately, stating that “the situation at the border has changed and the facts on the ground are favorable to resuming implementation of the 2019 MPP Policy.”
Practice Alert: Order Rescinding a Number of EOs Impacts Immigration Policy
On January 20, 2025, President Donald Trump signed the Executive Order “Initial Rescissions of Harmful Executive Orders and Actions” (“Initial Rescissions”). This Executive Order rescinds a number of Biden executive orders, many of which had in turn rescinded a Trump 1.0 executive order.
ICE Issues Memo Providing Interim Guidance on Civil Immigration Enforcement Actions in or near Courthouses
Acting ICE Director Caleb Vitello issued a memo (ICE Directive 11072.3) providing interim guidance on civil immigration enforcement actions in or near courthouses. The guidance is effective immediately and remains in effect until superseded.
President Trump's America First Priorities Announced
The Trump Administration has released it's first set of priorities, among them, the "Make America Safe Again," which include immigration-related priorities. Among these are, reinstating Remain in Mexico policies and deportation operations, among others.
Enforcement Actions in or Near Protected Areas
This is an unpublished ICE memo rescinding a Secretary Mayorkas October 27, 2021 guidance. The rescission was referenced in a January 21, 2025 DHS press release.
BIA Holds That Respondent’s Evidence Did Not Show His Conviction Was Vacated for Procedural or Substantive Defect
The BIA held that evidence of post-conviction relief under California law respondent submitted with his motion to remand did not show his conviction was vacated for a procedural or substantive defect in the underlying criminal proceedings. Matter of De Jesus-Platon, 29 I&N Dec. 7 (BIA 2025)
BIA Holds That Parties Properly Served with Electronic Notice of Briefing Schedule Must Actively Monitor Inbox, Including Spam Folder
The BIA held that a representative’s failure to diligently monitor the inbox, including the spam folder, of the email address on record with EOIR does not excuse a party’s failure to comply with briefing deadlines. Matter of Arciniegas-Patino, et al., 28 I&N Dec. 883 (BIA 2025)
Practice Pointer: Filing Form G-28 for Individuals in Detention
Given recent technological updates, AILA’s National ICE Committee provides this practice pointer on options for Filing Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) for detained individuals.
AILA's ICE Liaison Committee Meets with ICE
Official meeting minutes of AILA’s ICE National Committee November 21, 2024 liaison engagement with ICE headquarters leadership, including personnel from the Office of the Principal Legal Advisor (OPLA) and Enforcement & Removal Operations (ERO).
Key Takeaways: Preparing for Removal Defense in the Trump Administration: AILA Town Hall Roundtable
AILA's video roundtable discussed removal defense under the Trump Administration, stressing proactive strategies, prioritizing high-risk cases, and staying updated on policy changes to effectively represent and protect clients amid shifting immigration policies.