Featured Issues

Featured Issue: Representing Clients Before ICE

2/3/25 AILA Doc. No. 25010904. Removal & Relief

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.

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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.

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An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to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

Filing Administrative Complaints on Behalf of Detained and Formerly Detained Clients

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.

Pre Jan 20, 2025 Status Current Status
  • Unclear but attorneys should proceed with extreme caution in pursuing any relief under this process.
  • No recission has been announced.
  • No recission has been announced.
  • The 2021 Victim Centered Approach Memo and the 2011 Prosecutorial Discretion for Victims and Witness have allegedly been rescinded though no public updated guidance available at the time of this updated. Media reports suggest that the requirements of 1367 protections should still be followed.
  • No recission has been announced.
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Federal Agencies

EOIR Releases Statistics on Video Teleconference Hearings and Appeals

EOIR released statistics from FY2019 to FY2020 on the total number of completed cases with a video teleconference (VTC) hearing, case appeals filed, appeals of completed cases with a VTC hearing, and appeals of completed cases with a VTC hearing alleging a VTC hearing issue.

9/30/20 AILA Doc. No. 20030332. Asylum & Refugees, Removal & Relief
Federal Agencies

EOIR Releases Data on Initial Receipts with Specific Charges for Removal, Deportation, and Exclusion Cases

EOIR released data from FY2008 to FY2020 on initial receipts for removal, deportation, and exclusion cases; initial receipts with specific charges; leads with riders; riders; leads and riders; and percentage of leads and riders.

9/30/20 AILA Doc. No. 20030537. Asylum & Refugees, Removal & Relief
Federal Agencies

EOIR Releases Statistics on Decision Outcomes for FY2020

EOIR released statistics on outcomes of initial case decisions for FY2020. Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.

9/30/20 AILA Doc. No. 20021130. Asylum & Refugees, Removal & Relief
Federal Agencies

EOIR Releases Statistics on Circuit Court Remands Filed

EOIR released statistics on circuit court remands filed from FY2008 to FY2020. In FY2020, 660 circuit court remands were filed.

9/30/20 AILA Doc. No. 19090434. Removal & Relief
Federal Agencies

EOIR Releases Statistics on All Appeals Filed, Completed, and Pending

EOIR released statistics on all appeals filed, completed, and pending from FY2008 to FY2020. In FY2020, 58,901 appeals were filed; 40,393 appeals completed; and 90,940 appeals were pending.

9/30/20 AILA Doc. No. 19090503. Removal & Relief
Federal Agencies

EOIR Releases FY2020 Statistics on Video Teleconference Hearings and Adjournments

EOIR released statistics on the number of video teleconference (VTC) hearings and adjournments for FY2020. In FY2020, EOIR held 1,447,714 hearings out of which 282,232 were VTC hearings. Nine hundred and twenty three hearings were adjourned due to video malfunction.

9/30/20 AILA Doc. No. 19090506. Removal & Relief
Federal Agencies

EOIR Releases Statistics on BIA Case Appeals Filed, Completed, and Pending

EOIR released statistics from FY2008 to FY2020 for appeals filed, completed, and pending with the BIA from completed removal, deportation, exclusion, asylum-only, and withholding-only proceedings. In FY2020, 51,250 appeals were filed and 84,673 appeals were pending.

9/30/20 AILA Doc. No. 19090307. Asylum & Refugees, Removal & Relief
Federal Agencies

EOIR Releases Historical Data on New Cases and Total Completions

: EOIR released historical data, from FY1983 through FY2020, for initial receipts of new removal, deportation, exclusions, asylum-only, and withholding-only cases, and total case completions.

9/30/20 AILA Doc. No. 19062133. Asylum & Refugees, Removal & Relief
Federal Agencies

EOIR Released Statistics on FOIA Receipts

EOIR released statistics on Freedom of Information Act (FOIA) receipts from FY2013 through FY2020. In FY2020, EOIR had 49,468 FOIA receipts.

9/30/20 AILA Doc. No. 18120507. Removal & Relief
Federal Agencies

EOIR Released Statistics on In Absentia Removal Orders in Cases Originating with a Credible Fear Claim

EOIR released data on in absentia removal orders issued in cases originating with a credible fear claim from FY2008 through FY2020. In FY2020, EOIR issued 7,322 in absentia removal orders in cases originating with a credible fear claim.

9/30/20 AILA Doc. No. 18120503. Asylum & Refugees, Removal & Relief
Federal Agencies

EOIR Releases Statistics on Immigration Judge Complaints

EOIR released statistics on the number of initial receipts of complaints against immigration judges from FY2009 through FY2020. In FY2020, EOIR received 93 complaints against immigration judges.

9/30/20 AILA Doc. No. 18102935. Removal & Relief
Federal Agencies

EOIR Releases Comparison of In Absentia Removal Order Rates for FY2014–FY2020

EOIR released in absentia removal order rates from FY2014 to FY2020, comparing in absentia removal order rates for unaccompanied children (UAC) cases with non-UAC cases. The ratio of UAC in absentia removal orders to non-UAC in absentia removal orders for FY2020 was 0.99:1.

9/30/20 AILA Doc. No. 18102933. Humanitarian Parole, Removal & Relief, Unaccompanied Children
Federal Agencies

EOIR Releases Statistics on Representation Rates

EOIR released FY2020 statistics on the overall representation rate; the representation rate for all pending UAC cases and UAC cases pending for more than a year; the representation rate for pending asylum cases and completed asylum cases; and the representation rate for all completed appeals.

9/30/20 AILA Doc. No. 18052343. Humanitarian Parole, Removal & Relief, Unaccompanied Children
Federal Agencies

EOIR Releases Statistics on Motions

EOIR released statistics on motions to reopen, motions to re-calendar, and motions to re-consider from FY2008 through FY2020. For FY2020, 17,596 motions to reopen were filed in immigration courts and 4,981 were filed with the BIA.

9/30/20 AILA Doc. No. 18052345. Removal & Relief
Federal Agencies

EOIR Releases Statistics on Administratively Closed Cases

EOIR released statistics on administratively closed cases from FY2008 through FY2020. At the end of FY2020, EOIR had 310,627 inactive pending cases.

9/30/20 AILA Doc. No. 18051047. Asylum & Refugees, Removal & Relief
Federal Agencies

EOIR Released Statistics on In Absentia Removal Orders

EOIR released statistics on in absentia removal orders from FY2008 through FY2020. In FY2020, EOIR issued a total of 86,555 in absentia removal orders.

9/30/20 AILA Doc. No. 18051048. Asylum & Refugees, Removal & Relief
Federal Agencies

EOIR Releases Statistics on New Cases and Total Completions

EOIR released statistics on new cases and total case completions from FY2008 through FY2020. As of the end of FY2020, EOIR had receipts for 361,982 new cases and 231,237 total case completions.

9/30/20 AILA Doc. No. 18051160. Asylum & Refugees, Removal & Relief
Federal Agencies

EOIR Releases Statistics on Asylum Rates

EOIR released statistics on asylum decision rates from FY2008 through the FY2020. At the end of FY2020, EOIR had a 54.55 percent denial rate and a 19.12 percent grant rate.

9/30/20 AILA Doc. No. 18051163. Asylum & Refugees, Removal & Relief
Federal Agencies

EOIR Released Statistics on Asylum Applicant In Absentia Removal Orders

EOIR released statistics on asylum applicant in absentia removal orders from FY2008 through FY2020. In FY2020, EOIR issued 6,928 in absentia removal orders for asylum applicants.

9/30/20 AILA Doc. No. 18051165. Asylum & Refugees, Removal & Relief
Federal Agencies

EOIR Released Statistics on Pending Unaccompanied Child Cases

EOIR released statistics on pending unaccompanied child (UAC) cases from FY2008 through FY2020. In FY2020, EOIR had 103,035 pending UAC cases.

9/30/20 AILA Doc. No. 18051166. Humanitarian Parole, Removal & Relief, Unaccompanied Children
Federal Agencies

EOIR Released Statistics on UAC In Absentia Removal Orders

EOIR released statistics on unaccompanied children (UAC) in absentia removal orders from FY2008 through FY2020. In FY2020, EOIR issued a total of 4,514 UAC in absentia removal orders.

9/30/20 AILA Doc. No. 18051102. Humanitarian Parole, Removal & Relief, Unaccompanied Children
Cases & Decisions, Amicus Briefs/Alerts

AILA and Partners Submit Amicus Brief in Matter of A-M-R-C-

AILA and partners submitted an amicus brief arguing that the Attorney General should vacate the referral order in Matter of A-M-R-C- which would require reopening A-M-R-C-‘s removal proceedings, an action that the AG cannot lawfully take, and that would harm national interests.

9/29/20 AILA Doc. No. 20101332. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

District Court Dismisses Lawsuit Over Unaccompanied Minors’ Access and Right to Abortions

The court agreed to dismiss a lawsuit after ORR changed its policy to block unaccompanied minors in its custody access to abortions and under the dismissal will no longer interfere in unaccompanied minors’ efforts to obtain this procedure. (J.D., et al., v. Azar, et al., 9/29/20)

DHS OIG Says CBP Did Not Adequately Oversee FY2019 Appropriated Humanitarian Funding

DHS OIG released a report saying that CBP did not adequately use the funds it received in FY2019 to address the needs of migrants in custody. CBP did not ensure the funds were used to purchase items that met migrants’ basic needs and cannot account for funds provided for medical care for migrants.

9/28/20 AILA Doc. No. 20093032. Detention & Bond, Removal & Relief
Cases & Decisions, DOJ/EOIR Cases

BIA Rules on Expert Witness Testimony

The BIA ruled that in assessing whether to admit expert witness testimony, an IJ should consider whether it is sufficiently relevant and reliable, and if it is admitted, how much weight it should receive, and how probative and persuasive it is. Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)

9/25/20 AILA Doc. No. 20092532. Asylum & Refugees, Removal & Relief