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
EOIR Releases Memo on Legal Advocacy By Non-Representatives in Immigration Court
EOIR released a memo that reaffirms principles related to legal advocacy by non-representatives in immigration court proceedings as EOIR does not allow individuals to appear and engage in legal advocacy without being recognized as a legal representative.
BIA Rescinds In Absentia Order Against Respondents Formerly in MPP
Unpublished BIA decision rescinds in absentia order sua sponte in light of DHS non-opposition stating that respondents did not receive notice after being removed from the Migrant Protection Program. Special thanks to IRAC. (Matter of M-D-R-D-, 11/21/19)
Prepping for the Next Debate: Where the Candidates Stand on Immigration
Greg Chen and Cara Pavlak highlight the positions of the Democratic presidential candidates on immigration and encourage readers to use the AILA 2020 Election Guide, and the accompanying social media toolkit, to engage on immigration during the debate.
BIA Finds Certain Informants to Be a Cognizable Social Group
Unpublished BIA decision holds “noncriminal informants that have testified against criminals” is a cognizable particular social group. Special thanks to IRAC. (Matter of L-M-M-D-, 11/19/19)
BIA Holds Conviction Under Cal. Penal Code 266i(a)(1) Not an Aggravated Felony
Unpublished BIA decision holds conviction under Cal. Penal Code 266i(a)(1) for pandering by procuring is not an aggravated felony under INA 101(a)(43)(K). Special thanks to IRAC. (Matter of Silva Madrigal, 11/19/19)
Joint DHS and DOJ Interim Final Rule to Implement “Asylum Cooperative Agreements”
Joint DHS and DOJ interim final rule to implement “Asylum Cooperative Agreements” that the U.S. enters into with other countries pursuant to INA §208(a)(2)(A), with the exception of Canada. The rule is effective 11/19/19. (84 FR 63994, 11/19/19)
AILA Statement for House Subcommittee Hearing on Remain in Mexico
AILA submitted a statement to the House Border Subcommittee for the 11/19/19 hearing on “Examining the Human Rights and Legal Implications of DHS’ ‘Remain in Mexico’ Policy.”
EOIR Releases Guidance on Implementation of Asylum Cooperative Agreements
EOIR issued PM 20-04, with guidelines regarding new regulations providing for the implementation of the Asylum Cooperative Agreements. Guidance is effective as of 11/19/19 and applies to individuals who arrive at U.S. ports of entry, or enter, or attempt to enter on or after 11/19/19.
CA9 Finds Reinstatement Order Was Improper Where Petitioner Showed “Gross Miscarriage of Justice”
Granting the petition for review, the court held that petitioner had shown a “gross miscarriage of justice,” because his 1998 removal order lacked a valid legal basis at the time of his 2008 removal, and his collateral attack on his removal order was timely. (Vega-Anguiano v. Barr, 11/19/19)
CA9 Says First-Degree Unlawful Imprisonment in Hawaii Is a CIMT
The court denied the petition for review, concluding that the petitioner’s conviction for first-degree unlawful imprisonment under Hawaii law was categorically a crime involving moral turpitude (CIMT) rendering the petitioner removable. (Fugow v. Barr, 11/18/19)
Press Call: AILA Experts and Asylum Officer Whistleblower Discuss “Remain in Mexico” Program and Secretive Tent Courts
On a press call, AILA’s Ben Johnson and Andrew Nietor joined whistleblower asylum officer Douglas Stephens and his attorney to share insights from their individual experiences with the Remain in Mexico program and the continued due process concerns surrounding the secretive tent courts.
AILA Joins Organizations and Academics to Call for End to Remain in Mexico Program
On 11/18/19, AILA joined numerous immigration, human rights, and civil rights organizations and academics in asking Congress to end the Trump administration’s “Remain in Mexico” program, as it places asylum seekers in great danger, violates U.S. law, due process, and international legal obligations.
USCIS Releases Report on Arrest Histories of Individuals Who Requested DACA
USCIS released a report with data on arrests and apprehensions of individuals who requested DACA. Note: this data may include arrests that did not result in convictions or where the charges were dropped or dismissed.
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.
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)
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.