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 Releases Statistics on Inactive Pending Cases by FY of Administrative Closure
EOIR released statistics from FY1983 through FY2020 regarding inactive pending cases. As of the end of FY2020, EOIR had administratively closed 1,851 cases.
EOIR Releases Data on Active and Inactive Pending Cases
EOIR released data from FY2008 to FY2020 on activing and inactive pending removal, deportation, exclusion, asylum-only, and withholding only cases. Inactive pending cases are those not currently on the active document following an IJ’s order of administrative closure.
EOIR Releases Current Median UAC Case Completion and Case Pending Time for FY2020
EOIR released the current median unaccompanied child (UAC) case completion and case pending time. In FY2020, the median pending time was 1,028 days and the median completion time was 659 days.
EOIR Releases UAC Statistics for FY2020
EOIR released statistics on I-862 initial case completions for unaccompanied children (UAC) for FY2020. The total number of pending cases at the end of FY2020 was 103,035. Decisions were made in 9,232 cases, with 6,105 cases ending in removal.
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.
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.
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.
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.
EOIR Releases Statistics on Number of Courtrooms
EOIR released statistics from 2007 (calendar year) to FY2020 on the total number of courtrooms. As of FY2020, EOIR had 474 courtrooms, excluding the courtrooms in Saipan and in Louisville.
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.
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.
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.
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.
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.
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.
Senate Bill: End Transfers of Detained Immigrants Act
On 9/25/20, Senator Bennett (D-CO) introduced the End Transfers of Detained Immigrants Act to prohibit transfers of individuals between ICE facilities and federal, state, and local facilities, to ensure physical distancing inside ICE facilities, and for other purposes. AILA endorses this bill.
AILA, the Council, and the Immigration Justice Campaign Submit Comments Opposing Proposed EOIR Rule on Appeals
AILA, the American Immigration Council, and the Immigration Justice Campaign submitted comments opposing a proposed rule that would strip the BIA of the ability to make a reasoned decision on a fully-developed record and block respondents from mounting an effective appeal.
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)
ICE Issues Guidance on COVID-19
ICE updated its guidance on its response to the COVID-19 pandemic, including on how it has modified its enforcement efforts during COVID-19. ICE stated that it is “confident” that its officers “can properly and safely carry out operations.”
South Florida Miami EOIR Standing Order 20-01 of the Immigration Court Regarding Telephonic Appearances and Page Limitations for Electronic Filings
Miami EOIR Standing Order regarding telephonic appearances for master calendar case before the Krome Immigration Court and Broward Transitional Center effective September 24, 2020.
CRCL Issues Recommendations Memo Concerning the Richwood Correctional Center
CRCL investigated the conditions of detention for ICE detainees at the Richwood Correctional Center. CRCL identified issues with and made recommendations to mental health care, mental health documentation, translation access, food service, and more.
CA9 Overrules Minto v. Sessions and Concludes Resident of CNMI Is Not Removable Under INA §212(a)(7)(a)(i)
The en banc court overruled Minto v. Sessions, holding that the petitioner, who was present in the Commonwealth of the Northern Mariana Islands (CNMI) when the INA became applicable there, was not removable under INA §212(a)(7)(a)(i). (Torres v. Barr, 9/24/20)
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)
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)