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
TRAC Finds Just One in Ten ICE Detainees Have a Serious Criminal Conviction on Record
TRAC examined criminal convictions among ICE detainees to understand ICE’s potential use of discretion during the COVID-19 pandemic. TRAC found that just one out of ten ICE detainees have a serious criminal conviction, and more than six out of ten ICE detainees have never been convicted of a crime.
EOIR Updates Policies on Filings and Signatures
EOIR released a policy memo noting that as of 3/31/20, EOIR has begun accepting digital and electronic signatures on all documents filed with immigration courts and the BIA. EOIR will also accept electronically-reproduced copies of documents containing digital, electronic, or “wet” signatures.
CA9 Says Applicant Not Responsible for Failing to Maintain Lawful Status Where That Failure Occurred Due to Lawyer’s Mistake
The court held that the petitioner remained eligible for adjustment of status because her failure to maintain lawful status resulted from her reasonable reliance on the assistance of her counsel, and found 8 CFR §1245.1(d)(2) to be invalid to a certain extent. (Peters v. Barr, 4/2/20)
CA8 Upholds Denial of Asylum to Salvadorian Woman Who Claimed She Was Unable to Leave Domestic Relationship
The court held that the BIA’s adverse credibility findings were supported by specific, cogent reasons for disbelieving the Salvadorian petitioner, where she had failed to explain inconsistent and contradictory facts in her testimony about her relationship. (Garcia v. Barr, 4/1/20)
EOIR Interim Rule Expanding the Size of the BIA to 23
EOIR interim rule adding two additional Board member positions to the BIA, thereby expanding its size to 23. The rule is effective 4/1/20. Comments must be submitted by 5/1/20. (85 FR 18105, 4/1/20)
BIA Rescinds In Absentia Order Where Hearing Notice Omitted Word “Street”
Unpublished BIA decision rescinds in absentia order where the respondent’s attorney was not present when next hearing date was announced and the address listed on the hearing notice omitted the word “street.” Special thanks to IRAC. (Matter of Sayevych, 4/1/20)
EOIR Releases FY2020 Statistics on All Pending I-862 Proceedings and Pending I-862 Proceedings Originating with a Credible Fear Claim
EOIR released statistics noting that there were 1,116,415 total pending I-862 proceedings, of which 215,003 originated with a credible fear claim. The statistics are for pending I-862 proceedings as of March 31, 2020. I-862 proceedings include removal, exclusion, and deportation hearings.
BIA Rules on Cancellation of Removal Claim Based on the Health of a Qualifying Relative
The BIA ruled that cancellation of removal claims based on the health of a qualifying relative must establish that the relative has a serious medical condition and that adequate medical care is not reasonably available in the country of removal. Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020)
AILA Quicktake #285: AILA and Partners Sue EOIR and ICE Over Dangerous COVID-19 Policies
AILA’s Director of Federal Litigation Jesse Bless explains why AILA joined other immigration lawyer groups and individuals to file a lawsuit against EOIR and ICE to demand better policies in response to the COVID-19 pandemic.
Practice Advisory: Guerrero-Lasprilla v. Barr - Implications for Judicial Review
The American Immigration Council provides a practice advisory to help immigration attorneys who file petitions for review to challenge removal orders in the circuit courts after the Supreme Court’s decision in Guerrero-Lasprilla v. Barr.
EOIR Released FY2020 Statistics on UAC Cases Pending More than Three Years
EOIR released FY2020 statistics on current unaccompanied children (UAC) cases that have been pending for more than three years. As of the end of the second quarter of FY2020 (through March 31, 2020), 38,871 cases were pending.
CA2 Says INA §242(a)(2)(C)’s Jurisdictional Provision Does Not Apply Where Removal Order Is Based Solely on Unlawful Presence
The court held that INA §242(a)(2)(C)’s jurisdictional provision applies only to cases in which the IJ has found a petitioner removable based on covered criminal activity, and does not apply where petitioner’s order of removal is based solely on unlawful presence. (Manning v. Barr, 3/31/20)
CA6 Affirms Dismissal of U.S. Citizen-Child’s Request for Declaration That His Father’s Removal Was Unconstitutional as Applied to Him
Affirming the district court’s order dismissing the Declaratory Judgment Act claims brought by plaintiff, a U.S. citizen-child whose father had been removed, the court held that plaintiff’s constitutional claims were foreclosed by the court’s precedent. (Cooper Butt v. Barr, et al., 3/31/20)
EOIR Releases Statistics on Languages Used in Court Hearings
EOIR released statistics on languages used in immigration court hearings. Out of a total of 1,189,103 hearings through the second quarter of FY2020 (through March 31, 2020), EOIR conducted 93.04 percent of all hearings in languages other than English.
EOIR Releases Statistics on BIA Board Members
EOIR released statistics on BIA board members, temporary board members, and total board members. As of the second quarter of FY2020 (through March 31, 2020), the BIA had 16-20 board members and 4-7 temporary board members.
CA11 Finds Petitioner’s Florida Conviction for Aggravated Battery Constituted a Crime of Violence
The court held that the BIA correctly determined that the petitioner’s conviction in Florida for aggravated battery was an aggravated felony, rejecting the petitioner’s argument that his conviction did not qualify as a crime of violence. (Lukaj v. Att’y Gen., 3/30/20)
Alliance for Justice Calls for Independent Immigration Courts
On 3/30/20, the Alliance for Justice called on Congress to support the establishment of an Article I Immigration Court system that is independent of DOJ.
AILA and the Council Submit Comments Opposing EOIR’s Proposed Rule Increasing Fee for Filings
AILA and the Council submitted comments opposing EOIR’s proposed rule that would increase the filing fees for forms and motions filed with EOIR, stating that the proposed fee increases will have a substantial negative impact on the ability of certain individuals to access immigration courts.
Lawsuit Seeks Halt to Dangerous and Unconstitutional Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic
In a lawsuit filed today in the U.S. District Court for the District of Columbia, AILA and our partners demanded that DOJ EOIR and ICE take immediate necessary actions to prioritize the health and safety of attorneys and clients at risk from the COVID-19 pandemic.
Complaint Filed in District Court Due to EOIR and ICE’s Handling of Immigration Cases During COVID-19 Crisis
AILA, the Immigration Justice Campaign, the National Immigration Project of the National Lawyers Guild, and several detained individuals filed suit to demand EOIR and ICE take actions to prioritize health and safety during the COVID-19 pandemic. (NIPNLG et al., v. ICE, 3/30/20)
BIA Holds Convictions Vacated Under Cal. Penal Code 1473.7 Not Valid for Immigration Purposes
Unpublished BIA decision holds that convictions vacated under Cal. Penal Code 1473.7 are no longer valid for immigration purposes because the statute requires a procedural or substantive defect in underlying criminal proceedings. Special thanks to IRAC. (Matter of C-H-C-, 3/30/20)
CA9 Upholds Block on Trump Policy That Arbitrarily Jails Asylum Seekers
The court upheld a ruling blocking a policy that categorically denied bond hearings to asylum seekers, targeted at individuals whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled. (Padilla v. ICE, 3/27/20)
CA8 Declines to Recognize Exception Permitting Appellate Review Where BIA Relies on “Incorrect Legal Premise”
The court held that the petitioner failed to raise a colorable constitutional claim with respect to the BIA’s decision not to reopen his case sua sponte, and rejected the petitioner’s argument that it could review the decision under an “incorrect legal premise” theory. (Vue v. Barr, 3/27/20)
ICE Releases Memo on COVID-19 Action Plan for ICE-Dedicated Facilities
ICE issued a memo on its COVID-19 action plan for ICE Health Service Corps (IHSC)-staffed and non-IHSC-staffed, ICE-dedicated facilities. The memo was released by ICE as an exhibit in Fraihat v. ICE.
EOIR Released Family Unit Data for Select Courts
EOIR released statistics on initial receipts, initial case completions, and initial case completion decisions for family units in select courts—Atlanta, Baltimore, Chicago, Denver, Houston, Los Angeles, Miami, New Orleans, New York City, and San Francisco—for the period of 9/24/18 to 3/27/20.