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
CA9 Upholds Denial of Asylum to Indian Citizen Who Engaged in Whistleblowing Activities Exposing Police Corruption
Rejecting petitioner’s argument that Matter of N–M– is an unreasonable interpretation of the INA, the court held that petitioner had not established that he was persecuted because of his political opinion during confrontations with police in Punjab, India. (Singh v. Barr, 8/27/19)
DOJ Interim Rule Making Changes to EOIR, Including Delegating New Authority to EOIR Director
DOJ interim rule making organizational changes to EOIR including delegating authority to adjudicate backlogged appeals from the AG to the EOIR Director. The rule is effective 8/26/19, with comments accepted through 10/25/19. CLINIC provides a template comment. (84 FR 44537, 8/26/19)
TRAC Report Shows Number of Immigrants Awaiting Immigration Court Hearings Under Migrant Protection Protocols Increasing
TRAC found that during July 2019, 11,804 immigrants were sent to Mexico to await their MPP hearings, up from 5,883 in June. As of July-end, 26,001 immigrants have been channeled into MPP hearings. During July, 22.3 percent of newly recorded Immigration Court cases were assigned to Remain in Mexico.
Statement by Immigration Judges Union on Interim Rule Making Changes to Immigration Court System
Statement by the National Association of Immigration Judges on the interim rule published at 84 FR 44537, which makes significant changes to the organization of EOIR, including delegating authority to adjudicate backlogged appeals from the Attorney General to the EOIR Director.
EOIR Swears in Six New Board Members
EOIR announced the investiture of six new Board members: William A. Cassidy, V. Stuart Couch, Deborah K. Goodwin, Stephanie E. Gorman, Keith E. Hunsucker, and Earle B. Wilson. All six members were appointed by Attorney General William Barr in August 2019.
BIA Issues Decision Clarifying Standard of Proof to Establish Marriage Fraud Under INA §204(c)
The BIA issued a decision clarifying the “substantial and probative evidence” standard of proof necessary to bar the approval of a visa petition based on marriage fraud under INA §204(c). Matter of Singh, 27 I&N Dec. 598 (BIA 2019)
EOIR Announces Selection of Four New Assistant Chief Immigration Judges
EOIR announced four new assistant chief immigration judges (ACIJs). ACIJs oversee the operations of the immigration courts to which they are assigned. The new ACIJs are: Grady A. Crooks, LaSalle; Theresa Holmes-Simmons, Charlotte; Hugo R. Martinez, Fort Worth; and Christopher R. Seppanen, Detroit.
DHS and HHS Final Rule Amending the Regulations Relating to Custody of Minors
Joint DHS and HHS final rule amending the regulations relating to the apprehension, processing, care, custody, and release of noncitizen minors. The promulgation of this rule is intended to terminate the Flores Settlement Agreement. The rule is effective 10/22/19. (84 FR 44392, 8/23/19)
CA9 Finds Petitioner’s Reliance on Attorney’s Bad Advice Was Reasonable and Constituted Good Cause to Grant Continuance
The court held that the petitioner’s reliance on his lawyer’s erroneous advice that he was not required to update his fingerprints with DHS was reasonable and constituted good cause to grant a continuance under 8 CFR §1003.29. (Pleitez-Lopez v. Barr, 8/23/19)
Practice Alert: DHS and HHS Provide an Advance Copy of Final Rule to Terminate Flores Settlement Agreement
On 8/23/19, DHS and HHS published a joint final rule to amend regulations related to the apprehension, processing, care, custody, and release of undocumented juveniles in the Federal Register. The rule is effective 10/22/19.
South African National Removed Following Conviction for Assaulting Guard at ICE Facility
Ziyaya Mtola, a South African national, was removed to South Africa on August 20, 2019, following the conclusion of his 24-month federal prison term for assaulting a guard at the Buffalo Federal Detention Facility in Batavia, New York, in May 2017.
EOIR Opening New Immigration Court in New York City
EOIR announced it will be opening a new immigration court on Broadway in New York City on September 9, 2019. Notice includes the new court’s location, contact information, and hours of operation.
DHS and HHS Announce New Rule Terminating the Flores Settlement Agreement
DHS and HHS announced a final rule that amends regulations related to the apprehension, processing, care, custody, and release of undocumented minors and that would terminate the Flores Settlement Agreement.
Trump Administration Eliminates Established Protections for Children and Families
AILA leadership responds to the Trump administration’s announcement that it will reverse the Flores Settlement Agreement, a move that would authorize the indefinite detention of children and families in federal immigration detention facilities.
CA11 Remands Asylum Claim of Mexican Petitioner Targeted by Cartel Due to His Father-in-Law
The court remanded the petitioner’s asylum claims, finding that the Mexican petitioner’s relationship to his father-in-law was one central reason in the Gulf Cartel’s decision to persecute the petitioner, and thus satisfied the nexus requirement. (Perez-Sanchez v. Att’y Gen., 8/21/19)
U.S. Senators Urge Attorney General to Rescind Decision on Matter of L-E-A-
On 8/21/19, twelve senators sent a letter to Attorney General William Barr urging him to rescind his decision in Matter of L-E-A-, which limits access to asylum for people fleeing persecution abroad because of their family ties, citing that his decision disregards decades of legal precedent.
ICE Announced New Expeditious Removal Process for Guatemalans
ICE announced that since mid-July 2019, U.S. and Guatemala have implemented an expeditious removal process for Guatemalan citizens. In FY2019 to date, ICE has removed 49,000 Guatemalans compared to 50,000 in FY2018, and more than 1,500 members of family units, a 50 percent increase from last year.
CA5 Finds Oklahoma Firearm Transportation Conviction Did Not Disqualify Petitioner from Cancellation of Removal
The court held that petitioner's conviction did not disqualify him from cancellation of removal, because the Oklahoma misdemeanor of transporting a loaded firearm in a motor vehicle is not a firearms offense listed in INA §237(a)(2)(C). (Flores-Abarca v. Barr, 8/16/19, withdrawn 8/28/19)
CA8 Says Denial of Unopposed Motion Is Not Presumptively an Abuse of Discretion
The court held that the denial of an unopposed, non-frivolous motion to reopen is not presumptively an abuse of discretion, and that the BIA did not abuse its discretion in ruling on the merits of the petitioner’s motion. (Mwangi v. Barr, 8/19/19)
BIA Terminates Proceedings Following Ninth Circuit Decision in Lorenzo
Unpublished BIA decision terminates proceedings following remand in Lorenzo v. Whitaker (9th Cir. 2019), in light of argument that CA definition of methamphetamine was overbroad because it included geometric isomers. Special thanks to IRAC. (Matter of Atenia Lorenzo, 8/19/19)
Lawsuit Alleges Wrongful Death in Texas County Jail Due to Family Separation Policy
The Texas Civil Rights Project filed a lawsuit against the federal government and Starr County in South Texas over the wrongful death of a father who died at a county jail after he was separated from his child due to the zero-tolerance policy. (Peña Arita v. United States, et al., 8/18/19)
EOIR Releases Policy Memo on Use of Status Dockets in Immigration Court Proceedings
EOIR released a policy memo explicating the use of status dockets for courts that utilize them. Status cases are "cases in which an immigration judge must delay final adjudication of the case pursuant to law." The memo defines three categories of status cases that may be put on a status docket.
EOIR Releases Policy Memo on Allegations of Misconduct by EOIR Adjudicators and Ex Parte Communications
EOIR released a policy memo on ex parte communications, and the limited circumstances in which they may be permissible. The memo also notes that allegations of misconduct raised against EOIR adjudicators by a stakeholder does not constitute an improper ex parte communication.
CA3 Revives Lawsuit of Students Caught in Fake University Visa Sting After Finding Order Terminating Their F-1 Status Was Final Agency Action
The court held that the order terminating the appellants’ F-1 visa status marked the consummation of ICE’s decision-making process, and therefore constituted a final order for the purposes of Administrative Procedure Act (APA) jurisdiction. (Fang, et al. v. Director of ICE, et al., 8/15/19)
AILA: DOJ Seeks Termination of Immigration Judges Union, Further Undermining Court Independence
AILA Executive Director Benjamin Johnson responds to DOJ’s effort to strip immigration judges of their right to be represented by a union.