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
Featured Issue: Establishing a Fair and Independent Immigration Court
Immigration courts face a profound structural problem—they operate under DOJ and are therefore extremely vulnerable to political interference. This page collects resources, updates, and opportunities to advocate for establishing an independent immigration court with the Real Courts, Rule of Law Act.
DOJ NPRM on Review of State Bar Complaints and Allegations Against DOJ Attorneys
DOJ proposed rule that would give AG the right to review complaints and allegations made before a state bar against current and former DOJ attorneys and to request that the bar suspend investigations until DOJ completes its review. Comments are due 4/6/26. (91 FR 10780, 3/5/26)
EOIR Notice of Revision of Request To Be Included on the List of Pro Bono Legal Service Providers
EOIR notice of revision of Form EOIR-56, Request To Be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings. Changes are non-substantive. Comments are due 5/4/26. (91 FR 10830, 3/5/26)
EOIR Comment Request on Extension and Revision of Change of Address/Contact Information Form
EOIR notice and comment request on extension and revision of Form EOIR-33, Change of Address/Contact Information Form. EOIR proposes to remove address form fields allowing the subject to designate a third party to receive mail from EOIR on their behalf. Comments are due 5/4/26. (91 FR 10829, 3/5/36)
BIA Holds That IJ Erred in Finding Expert Testimony Persuasive and in Giving It Significant Weight
The BIA held that where an expert witness’ background and testimony reflect a reluctance to consider contrary evidence and an inability to impartially assess matters on removal to a country, an IJ errs in giving that testimony significant weight. Matter of D-J-L-, 29 I&N Dec. 485 (BIA 2026)
Rivera-Mendoza v. Bondi
This brief urged the Ninth Circuit to reject the BIA's ruling in Matter of Soram, under which a noncitizen may be deported for negligently creating a “sufficient” risk to a child. That vague standard exceeds Congress's 1996 intent to deport only for crimes of child abuse, neglect, or abandonment.
Padres Unidos de Tulsa v. Drummond
In this brief, AILA urged the invalidity of Oklahoma's H.B. 4156, which purports to make presence without immigration authorization a state-law crime punishable by prison and expulsion from the state.
United States v. Texas (en banc)
In this brief, AILA urged the invalidity of Texas's S.B. 4, which purports to criminalize the presence in the state of persons who have entered the United States without authorization or have previously been removed.
Vote Recommendation to Congress: Block Continued Funding for ICE and CBP and Restore Safety to American Communities
AILA sent an updated vote recommendation to Congress on 3/2/26 urging it to block any continued funding to ICE and CBP until an agreement is reached on enforceable reforms to stop their unlawful and dangerous practices and restore safety to American communities.
AILA Files Amicus Brief Opposing DHS Practice of Placing Parolees in Expedited Removal
AILA’s amicus brief in Coalition for Humane Immigrant Rights, et al. v. Noem, et al., argues that DHS’s unprecedented placement of parolees into expedited removal is unlawful. It abandons a decades-old framework, traps individuals in detention, and blocks their lawful path to permanent status.
EOIR IFR and Comment Request Amending Appellate Procedures for the BIA
EOIR interim final rule and comment request on appellate procedures for the BIA. Notably, the rule shortens the deadline to appeal from 30 to 10 days and makes reviewing cases on the merits discretionary. The IFR is effective 3/9/26. Comments are due 4/8/26. (91 FR 5267, 2/6/26; 91 FR 9705, 2/27/26)
Defend, Appeal, Prevail in Removal Proceedings
AILA’s Removal Litigation Toolbox equips immigration attorneys with a comprehensive library of motions, briefs, and appeals materials for immigration court, the BIA, and federal courts—plus practice advisories to strengthen removal defense.
Practice Alert: What Happens If the Government Shuts Down?
AILA National shares information on how federal agencies may be affected as a result of the potential partial government shutdown. This page will continue to be updated as more information is received.
The Council and Partners File Lawsuit to Block Implementation of Amended BIA Appellate Procedures
The Council and other organizations filed a lawsuit against EOIR in the DC District Court to block its implementation of the recently published IFR amending BIA appellate procedures which is scheduled to go into effect on 3/9/26. (Amica Center for Immigrant Rights, et al. v. EOIR et al., 2/26/26)
BIA Holds That INA §237(a)(1)(H) Does Not Permit Waiver of Fraud Occurring at Time of Noncitizen’s Adjustment of Status
The BIA held that “at the time of admission” in INA §237(a)(1)(H) refers to a noncitizen’s lawful entry after inspection and authorization, and thus fraud and misrepresentations at the time of adjustment cannot be waived under this provision. Matter of Forjoe, 29 I&N Dec. 463 (BIA 2026)
CA10 Upholds CAT Denial Where Mexican Petitioner with Mental Health Disabilities Failed to Show Specific Intent to Torture
The court held that substantial evidence supported the denial of CAT relief to the petitioner, who had cognitive and physical disabilities, finding that he failed to show it was more likely than not that he would be tortured with specific intent in Mexico. (Garcia-Botello v. Bondi, 2/25/26)
BIA Finds IJ Erred in Denying DHS’s Motion to Recalendar Proceedings Administratively Closed for Years Based on Pending U Visa
The BIA held that the IJ erred in denying DHS’s motion to recalendar removal proceedings that had been administratively closed for nearly 13 years based solely on a pending U visa petition, and sustained DHS’s interlocutory appeal. Matter of Ibarra-Vega, 29 I&N Dec. 476 (BIA 2026)
Practice Alert: Unplanned ECAS Outage
EOIR's online filing system ECAS is experiencing an unplanned outage since 11:00 am (ET) on 2/23/26.
CA9 Grants Rehearing En Banc and Vacates Order Addressing Automatic Stays of Removal
The court granted rehearing en banc and vacated the prior panel order addressing the Ninth Circuit’s automatic administrative stay procedures in immigration cases. (Rojas-Epinoza, et al. v. Bondi, 2/20/26)
BIA Holds That Unique Child-Specific Reporting Barriers Do Not Apply to Adults and That IJ’s Internal Relocation Finding Was Erroneous
The BIA held that the unique barriers to reporting harm faced by children do not apply to adults, and that the IJ’s finding that the respondent could not reasonably relocate in Russia to avoid persecution was clearly erroneous. Matter of F–B–A–, 29 I&N Dec. 456 (BIA 2026)
BIA Holds That Background Check Remands Are Limited in Scope and New or Different Relief Requires Separate Motion to Reopen
The BIA held that a background check remand is limited to the IJ's consideration of DHS’s background check results and issuance of a final order on the underlying relief, and that any new relief must be sought through a separate motion to reopen. Matter of L–S–C–R–, 29 I&N Dec. 451 (BIA 2026)
CA11 Vacates BIA Removability Determination Based on Conviction for Attempted First Degree Sexual Assault
The court held that the generic definition of rape in INA §101(a)(43)(A) does not include digital penetration, and vacated the BIA’s removability determination based on the petitioner’s D.C. conviction for attempted first-degree sexual abuse. (Barrie v. Att’y Gen., 2/19/26)
CA1 Upholds Asylum Denial Where Guatemalan Petitioner Alleged Years of Abuse by Former Partner
The court upheld the denial of asylum as to the Guatemalan petitioner, who alleged years of sexual and physical abuse at the hands of her former partner, finding that she failed to develop any challenge to the legal and factual bases for the BIA’s ruling. (Cante Mijangos v. Bondi, 2/18/26)
CA1 Vacates Asylum Denial as to Nepalese Petitioner Who Received Maoist Death Threats and Submitted Corroborating Evidence
The court held that the BIA erred by failing to consider potentially significant evidence the petitioner provided independent of his testimony pertaining to his likelihood of future persecution and torture, as relevant to his asylum and related claims. (Khanal, et al. v. Bondi, 2/18/26)
CA9 Orders Supplemental Briefing and Invites Amicus Briefs on Whether Circumvention of Lawful Pathways Rule Is Consistent with INA §208
The court vacated submission, ordered supplemental briefing, and invited amicus briefs on whether the Circumvention of Lawful Pathways rule at 8 CFR §1208.33(a) is consistent with INA §208. (Garcia Morales, et al. v. Bondi, 2/18/26)