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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
DHS and DOJ Final Rule on Civil Penalties for Certain Immigration-Related Violations
DHS and DOJ final rule, effective 10/14/26, for DHS to fine noncitizens for not departing during the VD period or after a final removal order, or for “improperly” entering the U.S. Unlike the IFR, it allows acceptance of late-filed appeals due to mail delivery issues. (91 FR 65390, 10/14/26)
CA3 Holds That Loper Bright Does Not Permit Disregarding Chevron-Era Precedent and That NYPL §130.60(2) Is an Aggravated Felony
The court held that Loper Bright Enterprises v. Raimondo does not permit disregarding its precedent defining sexual abuse of a minor, and that NYPL §130.60(2) categorically matches that aggravated felony, which requires no age differential. (Islam v. Att’y Gen., 10/14/26)
Practice Alert: DHS Interim Final Rule Shortens NOIT Response Period for Refugees to 10 Days
USCIS proposes an interim final rule (IFR) regarding refugee cases USCIS intends to terminate, which significantly shortens the number of days an individual with refugee status has to respond to USCIS notification that it intends to terminate their refugee status.
Leaked EOIR Email Directing Immigration Judges to Continue Charging the Annual Asylum Fee After a Federal District Court Vacated the Fee
A leaked email sent from Chief Immigration Judge Teresa Riley, reported by Pablo Manríquez at Migrant Insider, directs all immigration judges to continue enforcing EOIR’s Annual Asylum Fee even after the Federal District Court for the Maryland District ruled against EOIR's fee collection process.
CA4 Remands Where BIA Discounted New Death Threat Evidence of Nexus to Family-Based Asylum Claim
The court held that the BIA abused its discretion by placing too much weight on the IJ’s pre-death-threat findings and too little weight on the petitioner’s new evidence of death threats, and that there was a nexus between the threats and her family group. (Fajardo-Rivas v. Blanche, 10/13/26)
Practice Alert: Reports of Ramped Up ICE Enforcement in October 2026 and Preparing Clients
The first week of October 2026 marks a new immigration enforcement surge across the U.S., including an operation specific to California called "Operation Safe California." The Administration is implementing increased ICE arrest quotas to out of status individuals even with no criminal history.
CA8 Finds Petitioner’s Due Process Claim Failed Absent Prejudice and That PSG of Honduran Citizens Who Refused Gang Demands Lacked Particularity
The court held that the petitioner’s due process claim failed because she did not show prejudice, and upheld the denial of asylum where her proposed PSG of Honduran citizens who refused to comply with gang demands was not sufficiently particular or recognized. (Alvarenga v. Blanche, 10/8/26)
BIA Holds That Return to a Country of Claimed Persecution under Advance Parole Abandons the Whole Application Absent Compelling Reasons
The BIA held a noncitizen who returns to a country of claimed persecution under advance parole abandons their application for asylum, withholding of removal, and CAT protection absent compelling reasons, and that mandatory bars turn on the record. Matter of M–R–I–, 30 I&N Dec. 137 (BIA 2026)
Practice Advisory: Challenging an Unlawful Removal and Securing the Client's Return
Getting a stay in front of the officers putting clients on planes; fact patterns that make a removal unlawful & cause of action each supports; jurisdictional & equitable defenses the government tends to raise; & once a removal has happened, how to obtain & enforce an order bringing the client back.
AILA Files Amicus Brief in CA11 Challenging Matter of Soram's Interpretation of 237(a)(2)(E)(i)
AILA argues §237(a)(2)(E)(i)’s child abuse provision is not a unitary offense and that endangerment qualifies as child neglect only with a duty of care or conduct beyond non-injurious negligence. (Figueroa-Cruz v. U.S. Att’y Gen., 10/6/26)
BIA Holds It Does Not Retain Jurisdiction After Remand and That a Decision Without Another Hearing Did Not Deny Due Process
The BIA held it does not retain jurisdiction after remanding the record to the immigration court, and that IJ’s issuance of a new decision on remand without another hearing did not violate the remand order or deprive respondent of due process. Matter of C–M–H–H–, 30 I&N Dec. 124 (BIA 2026)
Practice Alert: Third Country Removal Litigation Impacts in D.V.D. v. DHS; Continue Emergency Litigation and Monitor Removal
The U.S. Supreme Court on 9/29/26 allowed third country removals (TCR) to resume, for now. It granted the government's request for a stay of the ruling that a class of noncitizens subject to TCR are entitled to meaningful notice and a chance to raise fears of harm in the third countries.
EOIR Notice of FY27 Inflationary Adjustment for Certain Form Fees Under HR 1
EOIR notice of inflationary fee adjustment of immigration-related filing fees for certain DHS forms filed with EOIR under HR 1 for FY27. Fees will increase for Forms I-485, I-601, and I-821, as well as the Annual Asylum Fee (Form I-589). The new fees are effective 10/1/26. (91 FR 61447, 9/29/26)
BIA Holds That IJs May Pretermit Application for Asylum and Withholding Without Filing of Motion by DHS
The BIA held that an IJ may pretermit an application for asylum and withholding of removal without the filing of a motion by DHS, and affirmed the pretermission where the respondent did not set forth prima facie claims for the relief sought. Matter of G–R–B–, 30 I&N Dec. 102 (BIA 2026)
BIA Holds That IJ Erred in Assessing Flight Risk and That Pending Asylum Application Alone Does Not Mitigate Flight Risk
The BIA held the IJ inadequately assessed flight risk by failing to address evidence concerning the respondent’s marriage, path to lawful status, residence, and sponsor, and that a pending asylum application alone does not mitigate flight risk. Matter of N–L–U–, 30 I&N Dec. 195 (BIA 2026)
BIA Reverses LPR Cancellation Grant Where Recent Serious Criminal Conduct Outweighed Favorable Equities
The BIA held that the IJ erred in granting LPR cancellation in discretion by inadequately accounting for the nature, recency, and seriousness of the respondent’s criminal record, including drug convictions and a domestic violence arrest. Matter of Yang, 30 I&N Dec. 199 (BIA 2026)
Policy Brief: Hidden ICE-Run Immigration Courts Threaten Due Process
EOIR is scheduling immigration hearings in DHS-operated spaces not traditionally used as courts. This policy brief explores how the use of these hidden courts threatens due process and judicial independence and offers solutions to ensure immigration courts are independent of political interference.
AILA Submits Comment Opposing EOIR NPRM Allowing Immigration Judges to Impose Monetary Penalties for Findings of Contempt
AILA submitted a comment opposing a EOIR NPRM that would allow immigration judges to impose monetary penalties on private attorneys, clients, and witnesses in the courtroom who are found in contempt. AILA urges EOIR to withdraw the rule in its entirety.
CA9 Holds BIA Legally Erred by Failing to Consider Evidence That Petitioner Paid His Voluntary Departure Bond
The court held that the BIA legally erred by failing to consider the receipt showing the petitioner paid his voluntary departure bond, the only relevant evidence on a dispositive issue, and that the failure was a question of law, not a fact question. (Perez-Garcia v. Blanche, 9/25/26)
BIA Finds Reopening Unwarranted Where Due Process Claim Was Speculative and Wholly Unsupported by Evidence in Record
The BIA held that reopening was unwarranted because the respondent’s claim of a lack of due process was speculative, based on a series of false assumptions and fallacious reasoning, and wholly unsupported by the actual evidence in the record. Matter of M–K–, 30 I&N Dec. 84 (BIA 2026)
EOIR Announces 47 Immigration Judges and 6 Temporary Immigration Judges
EOIR announced the investiture of 47 IJs and 6 temporary IJs who joined immigration courts in California, Florida, Georgia, Illinois, Indiana, Louisiana, Massachusetts, Michigan, New Jersey, New York, Tennessee, Texas, Utah, Virginia, and Washington.
EOIR Releases Updated Fact Sheet on Observing Court Hearings
EOIR released an updated fact sheet on observing court hearings. Notably, this version permits people to observe web-only hearings over Webex. It explicitly states that observers will not be permitted to attend via Webex if the judge, respondent, or counsel is appearing in a physical courtroom.
BIA Holds That Cocaine Admission Bars Adjustment and That the Offense’s Essential Elements Need Not Be Explained Before the Admission
The BIA held that respondent’s admission to possessing and using cocaine made him inadmissible under INA §212(a)(2)(A)(i)(II) and thus ineligible for adjustment, and that he need not first be informed of the offense’s essential elements. Matter of Mendez Maldonado, 30 I&N Dec. 62 (BIA 2026)
Client Flyers
AILA offers concise educational flyers for members to share with their clients or prospective clients to inform them about a wide range of pertinent immigration law issues. Customizable versions are available.
DHS Notice Extending the Finding of Mass Influx of Aliens
DHS notice stating that DHS Secretary Markwayne Mullin is further extending the “Finding of Mass Influx of Aliens” first issued on 1/23/25. This extension, dated 9/21/26, will expire in 180 days. (91 FR 59795, 9/21/26)