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
EOIR Proposed Rule on Procedures for Asylum and Withholding of Removal
EOIR proposed rule making changes to the regulations on asylum and withholding of removal. Comments are due 10/23/20. (85 FR 59692, 9/23/20)
CA1 Finds “Wealthy Immigrants Returning to Jamaica” Is Not a Cognizable Particular Social Group
The court held that the petitioner’s withholding of removal claim failed, because it found that “wealthy immigrants returning to the country of Jamaica” did not form a cognizable particular social group. (Lee v. Barr, 9/22/20)
CA8 Finds BIA Did Not Abuse Its Discretion in Denying Petitioner’s Motion to Reopen Based on Ineffective Assistance
The court upheld the BIA’s denial of the petitioner’s motion to reopen, finding that the petitioner had not substantially complied with the requirements in Matter of Lozada for reopening removal proceedings based on alleged ineffective assistance of counsel. (Avitso v. Barr, 9/22/20)
EOIR 30-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-27
EOIR 30-day notice and request for comments on proposed revisions to Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Comments are due 10/22/20. (85 FR 59549, 9/22/20)
DOJ OIG Releases Report on EOIR’s Recognition and Accreditation Program
DOJ OIG released a report on EOIR’s Recognition and Accreditation Program, finding that OLAP should improve program oversight and administration due to weakness in its controls for approving or rejecting applications, monitoring activities of accredited representatives, and investigating misconduct.
EOIR Resumes Hearings in Non-Detained Cases at the Los Angeles Immigration Courts
EOIR announced that it resumed non-detained individual (merits) hearings and master calendar dockets involving small numbers of respondents at the three Los Angeles immigration courts on September 21, 2020. The option to file by email at these courts will end on November 20, 2020.
CA1 Upholds Denial of Asylum to Ecuadorian Petitioner Who Feared Harm from Brother Involved in Narcotics Trafficking
The court held that the record supported the BIA’s and IJ’s conclusion that family ties did not motivate the petitioner’s persecution at the hands of his adopted older brother, even though those ties brought the petitioner into proximity with his persecutor. (Loja-Tene v. Barr, 9/21/20)
District Court Orders DHS to Stop Detaining Certain Minors in Hotels for More Than Three Days
The district court ordered DHS to stop placing minors detained pursuant to a public health order under Title 42 in hotels, except for brief hotel stays of no longer than 72 hours in the process of expelling them from the United States. (Flores, et al. v. Barr, et al., 9/21/20)
House Committee on Homeland Security Releases Report Saying ICE Detention Facilities Fail to Meet Basic Standards of Care
The House Committee on Homeland Security released a report finding that DHS fails to effectively identify and correct deficient conditions at ICE detention facilities, and that facilities frequently fail to meet basic standards of care, including mental and physical care of the migrants in custody.
CA2 Finds Petitioner’s Conviction in New York for Sexual Abuse in the First Degree Was an Aggravated Felony
The court held that the petitioner’s conviction under New York Penal Law §130.65(3) for sexual abuse in the first degree constituted an aggravated felony under INA §101(a)(43)(A). (Rodriguez v. Barr, 9/18/20)
CA2 Says Conviction for Third-Degree Criminal Possession of Stolen Property in New York Is an Aggravated Felony
The court upheld the BIA’s determination that the petitioner’s conviction for third-degree criminal possession of stolen property in violation of New York Penal Law §165.50 was an aggravated felony offense under INA §101(a)(43)(G). (Santana v. Barr, 9/18/20)
CA9 Holds That Petitioner’s Oregon Conviction for Manufacture of a Controlled Substance Was an Aggravated Felony
The court held that Oregon Revised Statute §475.992(1)(a) is divisible as between its “manufacture” and “delivery” terms, and that the petitioner’s conviction under that statute for manufacturing marijuana was thus an aggravated felony. (Dominguez v. Barr, 7/21/20, amended 9/18/20)
CA9 Says Conviction Under California Penal Code §245(a)(1) for Assault with a Deadly Weapon Other Than a Firearm Is a CIMT
Deferring to the BIA’s decision in Matter of Wu, the court held that a conviction under California Penal Code §245(a)(1), which proscribes certain aggravated forms of assault, is categorically a crime involving moral turpitude (CIMT). (Safaryan v. Barr, 9/17/20)
CA9 Finds Petitioner Was Properly in Asylum-Only Proceedings and IJ Lacked Jurisdiction to Consider Adjustment of Status Request
The court held that the termination of petitioner’s grant of asylum by reopening his asylum-only proceedings was not error, and that the IJ did not have jurisdiction to consider his request for adjustment of status because of the limited scope of such proceedings. (Bare v. Barr, 9/16/20)
AILA and Partners Send Letter Urging Congressional Leaders to Reject Extra Funding for CBP and ICE
AILA joined over 200 organizations in sending a letter urging congressional leaders to reject any anomalies or any other funding mechanisms that would increase funding for CBP or ICE in a FY2021 Continuing Resolution, stating that “filling these agencies’ coffers” even higher “would be reckless.”
EOIR Resumes Hearings in Non-Detained Cases at the Charlotte, Denver, and Orlando Immigration Courts
EOIR announced that it resumed non-detained individual (merits) hearings and master calendar dockets involving small number of respondents at the Charlotte, Denver, and Orlando immigration courts on September 14, 2020. The option to file by email at these courts will end on November 13, 2020.
TRAC Says It Will Release New Asylum Data, But Urges Caution with EOIR Data
TRAC announced it will again release data through its asylum tool, but notes that records are still missing from the data it receives from EOIR. TRAC says there is evidence that EOIR is mismanaging or misrepresenting the data it uses to evaluate IJs’ performance, support policy changes, and more.
Organizations Call for Immediate Investigation into Reports of Unnecessary Procedures and Inadequate Care in ICE Facility
In a joint statement, AILA and the American Immigration Council respond to reports of inadequate medical care and unnecessary hysterectomies in ICE detention.
CA1 Upholds Asylum Denial to Honduran Petitioner Who Feared Attacks Motivated by His Father’s Gang Affiliation
The court held that the petitioner did not meet his burden of showing that the government of Honduras was unwilling or unable to protect him, where the evidence in the record indicated that the police had investigated the threats and attacks against him. (Gómez-Medina v. Barr, 9/15/20)
CA3 Finds District Court Lacked Jurisdiction to Review Appellant’s Challenges to the Execution of His Removal Order
Where the appellant had raised two challenges to the execution of his removal order, the court found that he had pursued his claims in the wrong proceeding, and reversed and remanded to the district court with instructions to dismiss for lack of jurisdiction. (Tazu v. Att’y Gen., 9/14/20)
Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts
On September 14, 2020, Senators Sheldon Whitehouse (D-RI), Dick Durbin (D-IL), and Mazie Hirono (D-HI) announced that the GAO will investigate the politicization of the immigration courts under the Trump administration and EOIR’s mismanagement of the immigration courts during the COVID-19 pandemic.
CA5 Upholds Denial of Asylum to Chinese Petitioner Who Claimed He Had an Anti-Corruption Political Belief
The court upheld the BIA’s denial of asylum to the Chinese petitioner, finding that the evidence did not compel a reasonable factfinder to conclude that the petitioner had been persecuted for his political opinion rather than for personal reasons. (Du v. Barr, 9/14/20)
CA9 Finds Record Showed That Salvadoran Government Was Unable to Control Gang’s Deadly Violence
The court held that substantial evidence did not support the BIA’s conclusion that the government of El Salvador was willing and able to control the Mara-18 gang that attacked the petitioner and killed his son, and found that the gang continues to be a threat. (J.R. v. Barr, 9/11/20)
CA9 Vacates Injunction Barring ICE from Issuing Detainers Based Solely on Electronic Database Checks
The court reversed and vacated the U.S. District Court for the Central District of California’s injunction barring ICE from issuing detainers based solely on searches of electronic databases to make probable cause determinations of removability. (Gonzalez, et al. v. ICE, et al., 9/11/20)
DHS Proposed Rule on Use and Collection of Biometrics
DHS proposed rule on the use and collection of biometrics in the enforcement and administration of immigration laws. Comments on the rule are due on 10/13/20, with comments on associated proposed form revisions due 11/10/20. (85 FR 56338, 9/11/20)