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
Practice Alert: ICE Updates Legal Position in Bond Proceedings
AILA members report a change in OPLA's legal position to designate people who entered without inspection ineligible for bond.
Deaths at Adult Detention Centers
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
Practice Alert: Some Immigration Courts Accept Asylum Application Filings Without $100 Fee Receipt
Updated reports from members indicate some immigration courts are accepting Form I-589 filings without proof of fee payment, while other courts are reportedly still rejecting them.
EOIR Issues Policy Memo on Statutory Fees Under the One Big Beautiful Bill Act
EOIR issues policy memo addressing updates in the statutory fees under the One Big Beautiful Bill Act.
BIA Holds That False SSNs and Tax Misrepresentations Are Negative Discretionary Factors Absent Reasonable Reliance on Professional Advice
The BIA held that using false or stolen Social Security numbers (SSNs) and filing false tax returns are negative discretionary factors, and that respondent’s reliance on professional advice must be supported by evidence and explanation. Matter of Gonzalez Jimenez, 29 I&N Dec. 129 (BIA 2025)
Agreement Between U.S. and Honduran Governments for Cooperation in Examination of Protection Requests
DHS published an agreement between the U.S. and Honduran governments to cooperate on protection requests, signed 3/8/25 and amended 6/25/25. It outlines conditions for Honduras to process protection requests for some asylum seekers who sought protection in the U.S. (90 FR 30076, 7/8/25)
CA2 Holds That 30-Day Deadline for Petitions for Review under INA §242(b)(1) Is Nonjurisdictional
The court held that the 30-day filing deadline in INA §242(b)(1) is not a jurisdictional rule but a nonjurisdictional claim-processing requirement, and found that the Supreme Court’s decision in Riley v. Bondi abrogated its prior ruling to the contrary. (Castejon-Paz v. Bondi, 7/8/25)
CA9 Grants Rehearing En Banc in Case Addressing Exceptional Circumstances for in Absentia Removal Order
The court granted rehearing en banc and vacated its prior opinion filed on 10/17/24, which held that the petitioner established exceptional circumstances warranting reopening her in absentia removal order under INA §240(b)(5)(C)(i). (Montejo-Gonzalez v. Bondi, 7/8/25)
CA8 Denies Cancellation of Removal After SCOTUS Remand in Light of Wilkinson
On remand from the U.S. Supreme Court, the court held that, even under Wilkinson v. Garland, the petitioner failed to show that his U.S. citizen children would face exceptional and extremely unusual hardship, and thus upheld the denial of cancellation. (Garcia-Pascual v. Bondi, 7/7/25)
Practice Alert: New Immigration Fees Authorized by the Reconciliation Bill
USCIS has delayed collecting new fees for certain immigration benefit requests until it can operationalize its processes. AILA expects USCIS to provide details on the implementation in the coming days.
EOIR Policy Memo (PM) 25-34 Conflicting Precedents of the Board of Immigration Appeals
EOIR Acting Director issued Policy Memo (PM) 25-34, "Conflicting Precedents of the Board of Immigration Appeals," stating that without established methods to resolve conflicts between BIA precedents, IJs must use their best judgement and explain their reasoning when choosing which precedent to use.
EOIR Notice of Revision of Immigration Practitioner/Organization Complaint Form
EOIR issued a 60-day notice of extension and revision of Form EOIR-44, Immigration Practitioner/Organization Complaint Form. The form is used by individuals filing complaints regarding practitioners’ behavior in proceedings before EOIR. Comments are due 9/2/25. (90 FR 29047, 7/2/25)
ICE Directive 11064.4 on Detention and Removal of Parents and Guardians of Minors
ICE Acting Director Todd M. Lyons issued ICE Directive 11064.4, which provides guidance regarding the detention and removal of noncitizen parents and legal guardians of minor children, including those who have a direct interest in family court or child welfare proceedings in the United States.
DOJ Notice of Revision and Extension of Form EOIR-26
DOJ notice of revision and extension of Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. The form is used to appeal an immigration judge’s decision to the Board of Immigration Appeals (BIA). Comments are due 9/2/25. (90 FR 28815, 7/1/25)
CA3 Holds That Federal Conviction for Submitting False Claims to Government Was an Aggravated Felony Involving Deceit
The court held that the petitioner’s conviction for submitting false claims to the government under 18 USC §287 was categorically a crime of deceit that cost the government more than $10,000, and was thus an aggravated felony that rendered petitioner removable. (Lanoue v. Att’y Gen., 7/1/25)
CA3 Remands for BIA to Apply Proper Legal Standard on Nexus for Religious Persecution
The court held that, by relying on both subordination– and animus-based tests in evaluating whether the petitioner was persecuted on account of his religion, the IJ and BIA applied the wrong legal standard for the nexus between religion and persecution. (Tipan Lopez v. Att’y Gen., 6/30/25)
DHS and DOJ IFR Regarding Civil Penalties for Certain Immigration-Related Violations
DHS and DOJ released an interim final rule (IFR) updating procedures for DHS to issue fines for noncitizens who do not depart during the voluntary departure period or after a final removal order, or are apprehended while “improperly” entering the U.S. Comments are due 7/28/25. (90 FR 27439, 6/27/25)
DHS and DOJ Announce Updated Process for Immigration-Related Fines
DHS announced a joint interim final rule with DOJ updating procedures for DHS to issue fines for certain immigration-related violations. The new rule will eliminate a 30-day notice period, allow DHS to send fines by regular mail, and move the appeals process from DOJ to DHS, among other changes.
EOIR Policy Memo Regarding Civil Penalties for Certain Immigration-Related Violations
EOIR Acting Director released a policy memo to provide guidance on DHS and DOJ’s interim final rule, “Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations” as it relates to EOIR. Fines imposed under the rule will no longer be subject to appellate review by BIA.
EOIR Policy Memo 25-33 on Neutrality and Impartiality in Immigration Court Proceedings
EOIR Acting Director Sirce E. Owen issued Policy Memorandum (PM) 25-33 reminding Immigration Judges of their ethical and professional responsibility obligations to treat both parties in a neutral, unbiased, and impartial manner. Judges who do not may be subject to corrective or disciplinary action.
SCOTUS Rules 30-day PFR Deadline Not Jurisdictional, Subject to Equitable Tolling
The U.S. Supreme Court ruled 5-4 that a BIA order denying deferral of removal in a withholding-only proceeding is not a final order of removal. The filing deadline to challenge a final order of removal is not a jurisdictional requirement and is subject to equitable tolling. (Riley v. Bondi, 6/26/25)
BIA Holds That Respondent’s Virginia Conviction for Indecent Exposure Was a CIMT
The BIA held that the respondent’s Virginia conviction for indecent exposure constituted a crime involving moral turpitude (CIMT) because the offense requires an “obscene display or exposure,” which necessarily involves a lewd intent. Matter of Mayorga Ipina, 29 I&N Dec. 110 (BIA 2025)
DHS Publishes Privacy Impact Assessment for the CBP Home App
CBP published a Privacy Impact Assessment to address privacy risks in the collection, maintenance, use, and dissemination of the information collected by the CBP Home app, which may include the collection of U.S. citizens’ and lawful permanent residents’ information.
CA1 Upholds Denial of Cancellation Where Petitioners Failed to Show Requisite Hardship under INA §240A(b)(1)(D)
Upholding the agency’s denial of cancellation of removal, the court dismissed for lack of jurisdiction the petitioners’ challenge to the agency’s factual findings underlying its hardship ruling under INA §240A(b)(1)(D), and denied the remaining legal claims. (Xiquin Xirum v. Bondi, 6/25/25)
CA6 Holds That Denaturalized Petitioner Is Not Removable for Crime Committed While a U.S. Citizen
The court held that the petitioner could not be removed under INA §237(a)(2)(E)(i) based on his conviction for a crime of child abuse that occurred while he was a U.S. citizen, even though he was later denaturalized. (Gonzalez Castillo v. Bondi, 6/18/25)