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
EOIR Issues Guidance on Child Advocates Appointed by HHS for UACs
EOIR issued PM 20-03 memorializing EOIR’s policy regarding child advocates appointed by the Secretary of Health and Human Services under the TVPRA of 2008, stating that this authority only exists for “child trafficking victims and other vulnerable unaccompanied alien children,” not for all UACs.
BIA Holds Federal Conviction May Not Trigger Alien Smuggling Bar
Unpublished BIA decision holds that conviction for transporting immigrants for financial gain under 8 U.S.C. 1324(a)(1)(A)(i) does not itself trigger inadmissibility under INA 212(a)(6)(E)(i). Special thanks to IRAC. (Matter of Tobar-Hernandez, 11/15/19)
Disturbing Lack of Transparency Implicates Government Data Reliability
AILA Member Alison Griffith describes the recent concerns regarding the reliability of EOIR immigration court data received via FOIA and urges people to contact Congress about the need for EOIR to share accurate data upon which the public depends.
BIA Vacates Adverse Credibility Determination Based On Similarity to Other Asylum Claims
Unpublished BIA decision vacates adverse credibility finding where IJ stated without elaboration that respondent’s claim resembled facts in approximately 100 other Bangladeshi asylum claims he had heard. Special thanks to IRAC. (Matter of M-U-S-, 11/14/19)
BIA Reverses IJ Who Submitted Independent Evidence
Unpublished BIA decision reverses IJ who introduced evidence from the internet, stating that an IJ may not “do independent research and submit evidence of his own accord.” Special thanks to IRAC. (Matter of A-N-F-, 11/14/19)
BIA Remands Case of Asylum Applicant Who Was Unrepresented Before IJ
Unpublished BIA decision remands to consider cognizability of PSGs raised for first time on appeal—including “Guatemalan women”—because respondent was pro se before the IJ. Special thanks to IRAC. (Matter of E-E-G-R-, 11/14/19)
DHS Advisory Council’s CBP Families and Children Custody Panel Issues Final Report on Individuals in CBP Custody
The Homeland Security Advisory Council’s CBP Families and Children Custody Panel released its final report providing findings and recommendations regarding care for families and children in CBP custody.
EOIR Director Testifies on EOIR Operations Before Senate Committee on Homeland Security and Governmental Affairs
On November 13, 2019, EOIR Director James McHenry offered testimony before the Senate Committee on Homeland Security and Governmental Affairs about the progress EOIR has made in adjudicating cases in FY2019, continuing challenges, and the impact of unauthorized migration on its operations.
CA9 Declines to Rehear Szonyi v. Whitaker En Banc
The court issued an order amending its prior opinion and denying the rehearing en banc of Szonyi v. Whitaker, in which the court upheld the BIA’s determination that the petitioner was removable because his crimes did not arise out of a single scheme. (Szonyi v. Barr, 11/13/19)
BIA Holds California Carjacking Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds carjacking under Cal. Pen. Code 215(a) not an aggravated felony theft offense because it permits taking from a passenger rather than the owner of the car. Special thanks to IRAC. (Matter of Carrillo-Gomez, 11/13/19)
BIA Upholds Grant of Cancellation of Removal Despite Lack of Rehabilitation
Unpublished BIA decision upholds discretionary grant of an LPR's application for cancellation of removal, stating that “evidence of rehabilitation is not a prerequisite to relief in every case.” Special thanks to IRAC. (Matter of D-T-H-, 11/12/19)
AILA Sends Letter to Congress Demanding Public Access to Tent Courts
On 11/12/19, AILA called on Congress to require DHS to allow public access to the tent courts and to visit the tent courts at Laredo and Brownsville in order to observe the tent court proceedings firsthand.
CA8 Says Iowa Conviction for Willful Injury Causing Bodily Harm Is a Crime of Violence Under 18 USC §16(a)
The court held that the petitioner’s conviction for willful injury causing bodily harm in violation of Iowa law was a crime of violence under 18 USC §16(a) and thus qualified as an aggravated felony under INA §101(a)(43)(F), rendering the petitioner removable. (Jima v. Barr, 11/8/19)
BIA Rules on Legal Standard Governing Reopening of Proceedings to Terminate a Grant of Asylum
BIA ruled that reopening proceedings to terminate a grant of asylum is warranted if DHS demonstrates that evidence of fraud in original proceeding was not previously available and is material if it would have called asylum eligibility into doubt. Matter of X-Q-L-, 27 I&N Dec. 704 (BIA 2019)
For Our Tomorrow, Immigrant Veterans Gave Their Today
This Veterans Day is a good time to reflect on the Trump administration's policy changes that impact veterans and servicemembers; AILA encourages readers to contact congressional representatives and advocate for simple but immensely important changes to help veterans and their families.
CA7 Finds No Equal Protection Clause Violation in Former INA §§320–21
The court held that former INA §§320–21, which were in effect at the time of the petitioner’s birth and prevented him from automatically deriving citizenship, had a rational basis and thus did not violate the Equal Protection Clause of the Fifth Amendment. (Lopez Ramos v. Barr, 11/7/19)
Featured Issue: 2019 Large-Scale Enforcement Actions and Raids
This page includes a variety of resources to assist in responding to large-scale enforcement actions and raids, including local raids resources such as hotlines and contact information as well as attorney resources. Visit the Immigration Justice Campaign's website to volunteer.
BIA Solicits Amicus Briefs on the Meaning of the Term “Crime of Child Abuse”
The BIA is soliciting amicus briefs on whether the Supreme Court’s opinion in Esquivel-Quintana v. Sessions affects the meaning of the term “crime of child abuse” under section 237(a)(2)(E)(i) of the Act as applied to “statutory rape” convictions. Briefs are due December 6, 2019.
Featured Issue: Expedited Removal
On July 23, 2019, DHS announced that it is significantly expanding expedited removal to apply throughout the United States to individuals who have been in the United States for less than two years. This featured issue page provides resources for attorneys, the press, and others.
BIA Equitably Tolls Deadline to Rescind In Absentia Order
Unpublished BIA decision equitably tolls 180-day deadline to rescind in absentia order based on exceptional circumstances in light of respondent’s severe health conditions. Special thanks to IRAC. (Matter of Lopez, 11/6/19)
BIA Finds Florida Burglary Statute Not a CIMT
Unpublished BIA decision holds burglary of an unoccupied dwelling under Fla. Stat. 810.02(3)(b) is not a CIMT because potential target offense of theft under Fla. Stat. 812.014(1) is not a CIMT. Special thanks to IRAC. (Matter of Roger, 11/5/19)
BIA Solicits Amicus Briefs on Termination of Proceedings Under MPP
The BIA is soliciting amicus curiae briefs on whether the immigration judge erred in terminating proceedings when the respondent did not appear for a scheduled removal hearing after being provided notice of the hearing pursuant to MPP. Requests to Appear and briefs are due by December 5, 2019.
CA8 Upholds Denial of Motion to Reconsider of Honduran Petitioners Who Were Extorted by Mara 18 Gang
The court found that the BIA’s stated reasons for denying the petitioners’ motion for reconsideration, while cryptic, demonstrated that it had applied the proper standard and considered petitioners’ contentions. (Rodriguez de Henriquez, et al. v. Barr, 11/5/19)
CRS Releases Report on Legalization Framework Under the INA
CRS released a report on provisions for legalization under the INA, including adjustment of status, application for immigrant visa abroad, in cases of hardship to U.S. relatives, relief from persecution including asylum, withholding of removal, and CAT, and other approaches.
CA10 Finds NTA That Failed to Include Date and Time of Removal Hearing Did Not Preclude Jurisdiction
The court denied the petition for review, holding that because the alleged defect in the Notice to Appear (NTA) was not jurisdictional, the petitioner lacked any ground to avoid the 90-day deadline and prohibition on second motions to reopen. (Lopez-Munoz v. Barr, 11/4/19)