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
Practice Alert: ICE Expands Enforcement Actions in Sanctuary Cities
AILA provides a practice alert on ICE’s 24-hour-a-day surveillance operations around the homes and workplaces of undocumented immigrants in sanctuary cities, what ICE is calling “Operation Palladium.”
Immigration Judges, Prosecutors, and Attorneys Renew Call for Immediate Closure of All Immigration Courts
AILA, NAIJ, and AFGE #511 (ICE Professionals Union) all say that it is urgent for the public’s safety that DOJ immediately close all 68 immigration courts operated by EOIR. AILA's Second Vice President Jeremy McKinney states, “All live in-person hearings need to be immediately suspended.“
DOJ’s Immigration Court Practice Manual (Updated on 3/20/20)
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.
Advocates Call on Congress to Establish an Article I Immigration Court System
AILA and advocates sent a letter to the House Committee on the Judiciary, Subcommittee on Immigration and Citizenship, supporting the recommendation of the ABA, immigration judges, and immigration lawyers, among others, to establish an Article I Immigration Court system that is independent of DOJ.
BIA Dismisses Interlocutory DHS Appeal Challenging Administrative Closure Following Approval of Form I-360
Unpublished BIA decision declines to consider interlocutory DHS appeal challenging administrative closure for respondent with approved Form I-360 to await a current priority date. Special thanks to IRAC. (Matter of D-J-B-F-, 3/20/20)
CA5 Finds Petitioner Convicted in Texas for Delivery of Controlled Substance Is Not Eligible for Cancellation of Removal
The court held that although petitioner’s state law conviction was not a categorical match to the federal schedule of controlled substances under INA §237(a)(2)(B)(i), there was no realistic probability that Texas courts would apply its statute in a nongeneric way. (Vetcher v. Barr, 3/19/20)
Lawsuit Seeks to Uncover Problematic Board of Immigration Appeals’ Hiring Procedures
AILA and the Council filed federal litigation on March 17, 2020, to compel DOJ to release records about the Executive Office for Immigration Review’s hiring procedures for appellate immigration judges and Board of Immigration Appeals members.
ACLU and NWIRP File Complaint Seeking Release of Individuals in Civil Detention Due to COVID-19
Advocates sued on behalf of immigrants detained at the Tacoma Northwest Detention Center seeking the release of people who are at high risk for serious illness or death in the event of COVID-19 infection. On 3/19/20, the judge denied the motion for a TRO. (Dawson v. Asher, 3/16/20)
BIA Dismisses Appeal After Finding Respondent Presented a Significant Flight Risk
The BIA found that the IJ properly determined that the respondent was a flight risk and denied his request for a custody redetermination where, although there was a pending asylum application, he had no ties/no probable path to lawful status. Matter of R-A-V-P-, 27 I&N Dec. 803 (BIA 2020)
EOIR Defers All Non-Detained Cases Until April 10, 2020, Due to COVID-19
EOIR issued a memo with guidance on immigration court practices during the COVID-19 outbreak, including a note that effective 3/18/20, EOIR deferred hearings for all non-detained cases until 4/10/20.
DOJ’s Immigration Court Practice Manual (Updated on 3/17/20)
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.
FOIA Request on Immigration Courts and Adjudication Centers
AILA, the AILA Chicago Chapter, the American Immigration Council, and the National Immigrant Justice Center submitted a FOIA request for records related to immigration courts and immigration adjudication centers.
Press Call: Immigration Judges and Attorneys Joined by Public Health Experts Call for Additional Protective Measures Amid COVID-19 Outbreak
On a press call, AILA’s Senior Policy Counsel Laura Lynch and Second Vice President Jeremy McKinney joined representatives from the NAIJ, the ICE Professionals Union, and the Harvard School of Public Health to call on EOIR to implement additional protective measures amid the COVID-19 outbreak.
BIA Holds Colorado Definition of Marijuana Broader Than Federal Definition
Unpublished BIA decision holds that Colorado’s definition of marijuana is broader than the federal definition because it includes marijuana stalks. Special thanks to IRAC. (Matter of Arellano-Casas, 3/17/20)
CA9 Says Noncitizen Does Not Withdraw Appeal of Final Removal Order Simply Due to Involuntary Removal from the United States
The court granted the petition for review and remanded to the BIA, holding that the petitioner’s involuntary removal from the United States while his appeal was pending before the BIA did not withdraw his appeal under 8 CFR §1003.4. (Lopez-Angel v. Barr, 12/27/19, amended 3/17/20)
BIA Reopens Proceeding Sua Sponte for Respondent Previously Removed from the Country
Unpublished BIA decision reopens proceedings sua sponte following vacatur of conviction underlying sole charge of removability and notwithstanding respondent’s physical removal from United States in 2014. Special thanks to IRAC. (Matter of Garcia-Navarro, 3/16/20)
AILA Sends Letter to DOJ, EOIR, and ICE Regarding Urgent COVID-19 Measures
On 3/16/20, AILA sent a letter to DOJ, EOIR, and ICE with urgent measures that should be taken in light of the COVID-19 pandemic.
CA8 Finds Petitioner Had No Constitutionally Protected Interest in Receiving Cancellation of Removal
The court held that the BIA did not err in denying the petitioner’s application for cancellation of removal or his motion to reopen and reconsider, finding that he had no constitutionally protected interest in receiving a discretionary form of relief. (Rodriguez v. Barr, 3/16/20)
ICE Milwaukee Update—03/16/2020 (COVID-19)
ICE Milwaukee provided AILA Wisconsin ICE Liaison with an update on operations during the COVID-19 pandemic, as well as contact information.
CA7 Upholds Denial of Hardship Waiver to Nigerian Petitioner Who Failed to Show He Entered Marriage in Good Faith
The court held that the BIA reasonably found that the petitioner, who had obtained conditional permanent resident status based on his marriage to a U.S. citizen but had divorced six months later, did not prove that he entered into the marriage in good faith. (Omorhienrhien v. Barr, 3/13/20)
EOIR Postpones Certain Non-Detained Master Calendar Hearings Due to COVID-19
EOIR released a statement announcing that the Seattle Immigration Court is closed through 4/10/20. The following courts will remain open, but postpone non-detained master calendar hearings: Boston, Los Angeles, Newark, New York City, Sacramento, and San Francisco.
ICE Statement Regarding Enforcement and Protocols Due to COVID-19
ICE issued a statement on its response to COVID-19. ICE stated that it does not conduct enforcement operations at medical facilities, except under extraordinary circumstances. Further, ICE is “temporarily suspending social visitation in all detention facilities.”
CA8 Upholds Denial of Asylum to Mexican Petitioner Convicted of Possessing Meth in Minnesota
The court held that the petitioner’s conviction in Minnesota for fifth degree possession of a controlled substance, specifically methamphetamine, constituted grounds for removal, because the statute was divisible. (Rendon v. Barr, 3/12/20)
Sign-On Letter to EOIR Regarding New York Immigration Courts Lack of Preparation for Coronavirus Outbreak
On 3/12/20, 104 legal service providers representing immigrants wrote a letter to EOIR expressing extreme concern at the lack of guidance or proactive initiatives taken by EOIR to safeguard the health of those interacting with the New York immigration courts in light of the coronavirus outbreak.
AILA Sends Letter to ICE Regarding ICE Facilities and COVID-19
On 3/12/20, AILA sent a letter to ICE requesting that ICE immediately implement procedures for the prevention and management of COVID-19 at all ICE facilities, including all detention centers and ICE locations where individuals must report for ICE supervision.