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
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)
CA2 Says Conviction for First-Degree Robbery in Connecticut Is a Crime of Violence Under 18 USC §16(a)
The court denied the petition for review, holding that the petitioner’s conviction for first-degree robbery in violation of Connecticut law was a crime of violence under 18 USC §16(a) and thus an aggravated felony under INA §§237(a)(2)(A)(iii) and 101(a)(43)(F). (Wood v. Barr, 11/1/19)
BIA Rules that §209(c) Waiver Applicants Who’re Deemed “Violent or Dangerous” Must Establish Extraordinary Circumstances
Following Matter of Jean, 23 I&N Dec. 373 (A.G. 2002), BIA ruled that to qualify for a §209(c) waiver of inadmissibility, an applicant who is found to be a violent or dangerous individual must establish extraordinary circumstances. Matter of C–A–S–D–, 27 I&N Dec. 692 (BIA 2019)
ICE 30-Day Extension of Comment Period on Form I-352
ICE 30-day extension of a comment period originally announced on 8/27/19 on proposed revisions to Form I-352, Immigration Bond. Comments are now due 12/2/19. (84 FR 58403, 10/31/19)
BIA Finds Florida Mischief Statute Not a CIMT
Unpublished BIA decision holds felony criminal mischief under Fla. Stat. 806.13.1(b)(3) is not a CIMT because it applies to simple destruction of property without any aggravating factors. Special thanks to IRAC. (Matter of Aguilar-Trejo, 10/31/19)
BIA Finds Arizona Drug Statute Overbroad
Unpublished BIA decision finds that solicitation to possess a controlled substance under Ariz. Rev. Stat. 13-3407 is overbroad on its face because it includes positional and geometric isomers of methamphetamine. Special thanks to IRAC. (Matter of Duran-Flores, 10/30/19)
CA1 Remands Where BIA and IJ Failed to Apply Mixed-Motives Analysis in Evaluating Asylum Claim
Where the BIA had failed to consider whether the petitioner’s persecution had mixed motivations, the court vacated the BIA’s decision denying asylum based on the Honduran petitioner’s family membership persecution claim for relief, and remanded. (Enamorado-Rodriguez v. Barr, 10/30/19)
CA9 Finds In Absentia Removal Order Defective Where Government Did Not Properly Serve Petitioner with Amended NTA
The court held that the BIA abused its discretion in upholding the denial of petitioner’s motion to reopen, where the IJ had ordered petitioner removed in absentia on the basis of an amended Notice to Appear (NTA) of which she did not receive proper notice. (Diaz Martinez v. Barr, 10/30/19)
AILA Statement for House Hearing on “The Administration's Decision to Deport Critically Ill Children and Their Families”
AILA submitted a statement to the House Oversight Committee highlighting USCIS’s role in building the Trump administration’s “invisible wall” and urging USCIS to adjudicate deferred action requests in a fair and efficient manner.
Practice Alert: Pilot Program Being Tested in El Paso to Speed up Removal of Asylum Seekers
AILA provides a practice alert on new pilot program being tested in El Paso, Texas to speed up deportations of asylum seekers.
IFPTE Union Sends Letter to Congress Asking for Hearing on Immigration Courts
On 10/28/19, the International Federation of Professional and Technical Engineers (IFPTE) requested that the House Subcommittee on Immigration and Citizenship and the House Committee on Oversight and Reform schedule a hearing to address recent immigration court developments.
CA6 Finds Government Can Trigger Stop-Time Rule by Satisfying Requirements of Notice to Appear Through Multiple Documents
In an unpublished decision, the court held the government can trigger the stop-time rule by satisfying the requirements of a Notice to Appear under INA §239(a)(1) through more than one document. Note: The Supreme Court granted certiorari in the case on 6/8/20. (Niz-Chavez v. Barr, 10/24/19)
AILA Submits Comments on DOJ Interim Rule Making Organizational Changes to EOIR
On 10/25/19, AILA submitted comments in response to DOJ’s interim rule making organizational changes to EOIR, including delegating authority to adjudicate backlogged appeals from the Attorney General to the EOIR Director. The rule became effective on 8/26/19.