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
BIA Holds New York Larceny Statute Not a CIMT
Unpublished BIA decision holds that 2004 conviction for third degree grand larceny under N.Y.P.L. 155.35 is not a CIMT under Obeya v. Sessions, 884 F .3d 442 (2d Cir. 2018). Special thanks to IRAC. (Matter of Diaz Ortiz, 4/13/20)
ICE Provides Guidance Pursuant to Preliminary Injunction in Torres V. DHS
ICE provided guidance pursuant to the preliminary injunction issued in Torres v. DHS, regarding attorneys representing detainees at Adelanto ICE processing center.
AILA and Others Sue to Challenge Lack of Access to Counsel in Immigration Detention
A district court judge issued a TRO, given the COVID-19 pandemic, granting relief to individuals detained in Adelanto ICE Processing Center through 4/25/20, and asked the government why he should not convert this order into a preliminary injunction. (Torres, et al. v. DHS, et al., 4/11/20)
BIA Rules on Firm Resettlement Bar to Asylum
The BIA ruled that for determining the firm resettlement bar to asylum, a viable and available offer to apply for permanent residence in a country of refuge is not negated by an individual’s unwillingness to satisfy the terms of acceptance. Matter of K-S-E-, 27 I&N Dec. 818 (BIA 2020)
Key Takeaways from AILA DOS Liaison Committee Meeting with the DOS Visa Office (3/5/20)
The DOS Liaison Committee provides key takeaways from its March 5, 2020, meeting with the DOS Visa Office in Washington, DC. The information provided should be read in conjunction with the detailed, official responses provided by the DOS Visa Office.
President Trump Issues Memorandum on Visa Sanctions
The president issued a memo directing the secretary of state to impose visa sanctions pursuant to INA section 243(d) on any foreign country that denies or delays the acceptance of its citizens after being asked to accept them, and if such denial or delay impedes DHS operations regarding COVID-19.
DOJ’s Immigration Court Practice Manual (Updated on 4/10/20)
The OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts. EOIR also released an appendix with a list of courts that have implemented standing orders pursuant to EOIR PM 20-09.
GAO Releases Report on CBP’s Management of a Temporary Detention Facility in Texas
GAO released a report about a CBP facility in Tornillo, TX. Per GAO, CBP hired a contractor to build the temporary facility meant to hold 2,500, and paid $66 million to provide meals, guards, and services for five months. While open, the facility held no more than 68 detainees on any given day.
TRAC Releases Report on the Hidden Impact of Removal Proceedings on Rural Communities
TRAC found that rural counties have higher rates of residents in removal proceedings than urban counties. In these communities, TRAC notes, residents facing deportation may find themselves in “legal deserts” with few qualified immigration attorneys, longer travel times to court, and more poverty.
CA9 Sends Immigration Detainee’s Emergency Release Bid Based on Generalized COVID-19 Concerns to a California District Court
The court issued an order construing the petitioner’s emergency motion to remand pursuant to the All Writs Act as a petition for a writ of habeas corpus, and transferred the matter to the U.S. District Court for the Southern District of California. (Lopez-Marroquin v. Barr, 4/9/20)
CA5 Reverses Denial of Motion to Reopen Based on Changed Country Conditions for Women in Honduras Following Coup
The court held that BIA’s failure to address petitioner’s evidence regarding changes in country conditions in Honduras—specifically, that there was a large increase in violence against women following a military coup—constituted an abuse of discretion. (Inestroza-Antonelli v. Barr, 4/9/20)
BIA Holds Texas Theft Not a CIMT Prior to Matter of Diaz-Lizarraga
Unpublished BIA decision holds that Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016), does not apply retroactively to convictions for theft under Texas Penal Code 31.03. Special thanks to IRAC. (Matter of Ozougwu, 4/9/20)
CA3 Holds “Remand Futility” Exception Applies in Immigration Proceedings
The court held that when remand would be futile—meaning the BIA on remand would be unable as a matter of law to grant the relief sought—the court can deny a petition for review without regard to the various issues that might otherwise be in play in the case. (Ricketts v. Att’y Gen., 4/8/20)
CA5 Declines to Remand Based on Alleged Due Process Violation Where BIA Upheld IJ’s Denial of CAT Relief
The court held that even if a due process violation had occurred, petitioners failed to show that the outcome of the proceedings would have been different if the IJ had developed the record further as to their Convention Against Torture (CAT) claim. (Arteaga-Ramirez, et al. v. Barr, 4/8/20)
Temporary Restraining Order Requested to Stop Dangerous EOIR and ICE Policies During the COVID-19 Pandemic
AILA and our partners moved for an emergency Temporary Restraining Order (TRO) against EOIR and ICE to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 4/1/20 and ending 6/30/20, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 1.11 per centum per annum. (85 FR 19798, 4/8/20)
DOJ’s Immigration Court Practice Manual (Updated on 4/7/20)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before Immigration Courts.
BIA Provides Guidelines on Filing by Email
The BIA released guidelines on filing by email for all BIA filers and the email addresses to submit the briefs. Through email, the BIA will only accept Briefs, Motions to Accept Late Filed Brief, Motions for Summary Affirmance, and, if new to the case, courtesy copies of the Form EOIR-27.
CA9 Affirms Injunction in California Requiring Bond Hearings for Immigrants with Removal Orders Detained for Six Months or More
The court affirmed the U.S. District Court for the Northern District of California‘s injunction requiring the government to provide immigrants with removal orders detained pursuant to INA §241(a)(6) for at least six months with a bond hearing before an IJ. (Aleman Gonzalez v. Barr, 4/7/20)
CA9 Affirms Judgment in Washington Requiring Bond Hearings for Immigrants with Removal Orders Detained for At Least Six Months
The court affirmed the U.S. District Court for the Western District of Washington’s judgment requiring the government to provide immigrants with removal orders detained pursuant to INA §241(a)(6) for at least six months with a bond hearing before an IJ. (Flores Tejada v. Godfrey, 4/7/20)
CA4 Says INA §205 Confers Discretion Upon DHS Secretary to Revoke Visa Petitions
Affirming the district court’s dismissal of appellants’ complaint, the court held that the language in INA §205 confers sufficient discretion to preclude judicial review of a visa petition revocation under INA §242(a)(2)(B)(ii)’s jurisdictional bar. (Polfliet v. Cuccinelli, et al., 4/7/20)
CA8 Upholds Denial of Asylum to Petitioner Who Alleged She Would Be Abused in Mexico
The court held that petitioner had failed to meet her burden of showing a well-founded fear of future persecution if returned to Mexico, because she did not establish that the Mexican government was or would be unable or unwilling to control her alleged persecutors. (Galloso v. Barr, 4/7/20)
CA5 Says IJs Not Required to Provide Automatic Continuance for Asylum Applicants to Obtain Specific Corroborating Evidence
The court upheld the adverse credibility determination, rejecting the claim that IJs must provide advance notice of specific corroborating evidence needed to meet an asylum applicant’s burden of proof and an automatic continuance for the applicant to obtain it. (Avelar-Oliva v. Barr, 4/3/20)
CA8 Finds BIA Did Not Engage in Improper Fact-Finding in Conducting Waiver of Inadmissibility Analysis as to Somali Petitioner
The court held that, in reversing the IJ’s decision to grant waiver of inadmissibility, BIA did not supplant the IJ’s hardship finding with one of its own, but instead accepted the hardship finding and reviewed the discretionary decision to grant the waiver de novo. (Kassim v. Barr, 4/3/20)