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
New Rule Seems Designed to Halt Valid Immigration Court Petitions By Drastically Hiking Fees
AILA expressed serious concerns about a new proposed rule that would detrimentally impact individuals seeking a fair day in immigration court by drastically increasing fees required for forms submitted to EOIR.
TRAC Reports on Application of Public Charge Laws in Immigration Removal and Enforcement
Analyzing government records, TRAC found that, in the recent past, public charge laws have rarely been used to remove individuals from the U.S. and that there is “little data to suggest that America's immigration enforcement institutions are awash in immigrants who are unable to be self-sufficient.”
EOIR Proposed Rule Increasing Fees for Filings
EOIR proposed rule increasing the filing fees for forms and motions filed with EOIR. Comments are due 3/30/20. (85 FR 11866, 2/28/20)
ICE Issues Subpoenas to Obtain Information Refused Under Sanctuary Policies
ICE announced that the Washington County Sheriff’s Office in Oregon has responded to the subpoenas issued by ICE for non-public information on immigrants who were criminally arrested and detained in the county jail.
BIA Affirms Ruling That Sexual Offense in Violation of a Maryland Statute Enacted to Protect Minors Is a CIMT
Reaffirming Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017), the BIA ruled that sexual solicitation of a minor in violation of section 3-324(b) of the Maryland Criminal Law is categorically a crime involving moral turpitude. Matter of Jimenez-Cedillo, 27 I&N Dec. 782 (BIA 2020)
Postponed: EOIR to Host Information Sessions in Advance of ECAS Launch in El Paso, El Paso SPC, and Otero
EOIR announced that information sessions that were supposed to take place in El Paso on March 19, 2020, in advance of ECAS launch at the El Paso, El Paso Service Processing Center, and Otero immigration courts have been postponed. Further information will be provided when available.
BIA Holds Pennsylvania Statute Not an Aggravated Felony or Firearms Offense
Unpublished BIA decision holds that possession of a firearm under 18 Pa. Const. Stat. 6105(a)(1) is neither an aggravated felony nor firearms offense because the state definition encompasses some antique firearms. Special thanks to IRAC. (Matter of Engelund, 2/27/20)
BIA Reverses Finding That Misdemeanor Conviction Was a Particularly Serious Crime
Unpublished BIA decision reverses finding that conviction for third degree assault under N.Y.P.L. 120.00(01) was a particularly serious crime because offense was a misdemeanor unaccompanied by any unusual circumstances. Special thanks to IRAC. (Matter of G-G-G-, 2/27/20)
Supreme Court Rules on Definition of “Serious Drug Offense” Under Armed Career Criminal Act
The Supreme Court held that the definition of a “serious drug offense” in 18 USC §924(e)(2)(A)(ii) requires only that the state offense involve the conduct specified in the statute; it does not require that the state offense match certain generic offenses. (Shular v. United States, 2/26/20)
CA3 Says Defective NTA Cannot Be Cured by Subsequent Notice of Hearing Containing Omitted Information
The court held that, in removal proceedings, Pereira v. Sessions prohibits DHS from curing a defective Notice to Appear (NTA) that has triggered the stop-time rule with a subsequent Notice of Hearing that contains the missing information. (Guadalupe v. Att’y Gen., 2/26/20)
CA7 Holds Conditions in Indonesia Did Not Materially Change for Ethnic Chinese and Buddhist Minorities Between 2003 and 2017
The court held that the BIA did not abuse its discretion in denying the motion to reopen of the petitioner, an Indonesian citizen of Chinese descent and of Buddhist faith, finding that country conditions had not materially changed since her 2003 removal hearing. (Meriyu v. Barr, 2/26/20)
CA4 Finds BIA Failed to Rebut Future-Threat Presumption Where Asylum-Seeking Honduran Petitioner Feared Abusive Ex-Partner
The court concluded that the BIA erred in finding that the government had rebutted the future-threat presumption, because it had failed to prove the petitioner’s circumstances had fundamentally changed and that she could avoid harm by relocating within Honduras. (Ortez-Cruz v. Barr, 2/26/20)
Attorney General Refers Case to Himself and Then Vacates Board’s Decision on Definition of “Torture”
The AG vacated the BIA’s decision granting deferral of removal under CAT and remanded for review, noting that the BIA should consider de novo respondent’s claim that it is more likely than not that he will be tortured upon return to Mexico. Matter of R-A-F-, 27 I&N Dec. 778 (A.G. 2020)
ICE Releases Warning about Misinformation Concerning ICE Operations
ICE issued a press release about misinformation and rumors concerning ICE operations, noting that “allegations that ICE is violating its sensitive locations policy are completely false.” Among other things, ICE notes that it does not conduct “raids,” and does not need a warrant to make an arrest.
EOIR Announces Online Option for Checking Case Information
EOIR announced the addition of an online option for checking case information. The new service, available in English and Spanish, allows users to receive the most recent information about a case by inputting a unique A-Number. The automated case information hotline continues to be available.
BIA Upholds Termination of Proceedings Based on Regulatory Violation
Unpublished BIA decision upholds termination of proceedings based on DHS’s violation of 8 C.F.R. 287.3(d), which requires ICE to decide within 48 hours of arrest whether to grant bond and issue an NTA. Special thanks to IRAC. (Matter of Pablo-Nicolas, 2/25/20)
TRAC Reports That ICE Sent Detainers to 3,671 Law Enforcement Agencies in FY2019
TRAC reports that 3,671 law enforcement agencies (LEAs) were sent detainers by ICE during FY2019, a decline of 6 percent compared to FY2018. A third of these LEAs received no more than three such requests during all of FY2019. Fifteen percent received an average of one or more detainers a week.
BIA Solicits Amicus Briefs on Notices to Appear, Due March 25
The BIA solicits amicus briefs, due 3/25, on whether an NTA lacking certain information is sufficient notice of the type of proceedings being initiated, sufficient for the purpose of establishing removability, and for DHS to remove an individual to a contiguous territory pending removal proceedings.
CA4 Holds IJ in Baltimore Failed to Give Asylum Seeker an Opportunity to Testify
The court vacated the BIA’s summary affirmance of the Baltimore IJ’s rulings and remanded for reconsideration of the petitioner’s asylum claim, finding that her due process rights were violated when an IJ in Baltimore deprived her of an opportunity to testify. (Atemnkeng v. Barr, 1/24/20)
EOIR Director Solicits Amicus Briefs on Requests for Reconsideration and Administrative Review, Due March 13
EOIR director solicits amicus briefs, due 3/13, on appropriate legal standard for evaluating requests for reconsideration and of review for an administrative review, and whether prior BIA precedent decisions are binding on consideration of requests for reconsideration and on administrative reviews.
BIA Solicits Amicus Briefs on the Sufficiency of Notices to Appear
The BIA solicits amicus briefs on whether an NTA that lacks certain information is sufficient notice of the type of proceedings being initiated, sufficient for purpose of establishing removability, and sufficient for DHS to remove an individual to a contiguous territory pending removal proceedings.
Three Mothers File Class Action Lawsuit Seeking Medical and Mental Health Services After Family Separation
The government agreed to dropped its appeal of an order that required the government to provide mental health treatment for migrant parents whose children were separated from them at the border. (Ms. J.P., et al., v. Barr, 2/21/20)
CA1 Upholds Denial of Asylum to Chinese Petitioner Who Was Detained and Beaten by Police for Reading a Bible at Work
The court affirmed the BIA’s decision upholding the IJ’s denial of asylum, concluding that petitioner—a citizen of China who was detained for 23 hours, interrogated, and beaten by the police after being caught reading a Bible at work—did not suffer past persecution. (Gao v. Barr, 2/20/20)
DOJ’s Immigration Court Practice Manual (Updated on 2/20/20)
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.
Board of Immigration Appeals Practice Manual (2/20/20)
The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on February 20, 2020). This manual describes procedures, requirements, and recommendations for practice before the BIA.