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 Releases FY2018 Statistics Yearbook
EOIR released its FY2018 statistics yearbook with data on cases before immigration courts, BIA, and OCAHO. The data includes information on respondents’ cases by nationality, language, and disposition, and provides asylum case information. Information on FOIA receipts is also included.
BIA Holds Connecticut Narcotics Statute Not a Deportable Offense
Unpublished BIA decision holds that conspiracy to sale of narcotics under Conn. Gen. Stat. 21a-277(a) is not an aggravated felony or controlled substance offense because the state schedule is overbroad and indivisible. Special thanks to IRAC. (Matter of Mullings-Reeves, 8/30/19)
BIA Reverses IJ For Disregarding Prior Decision Finding Respondent Did Not Waive Appeal
Unpublished BIA decision finds that IJ improperly certified case back to the Board based on his view that the respondent had waived appeal, when the Board previously found that the respondent did not validly waive appeal. Special thanks to IRAC. (Matter of Carrillo Mazariegos, 8/29/19)
CA4 Says IJs and BIA Have General Authority to Administratively Close Cases and Vacates Matter of Castro-Tum
The court granted the petition for review, concluding that the plain language of 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii) unambiguously confers upon IJs and the BIA the general authority to administratively close cases. (Romero v. Barr, 8/29/19)
Press Call: AILA Experts Join Members of Congress to Discuss USCIS’s Elimination of Non-Military Deferred Action
On 8/29/19, AILA experts were joined by Senator Ed Markey (D-MA), Representatives Ayanna Pressley (D-MA) and Judy Chu (D-CA), and an impacted individual, to discuss USCIS’s elimination of non-military deferred action at field offices.
CA8 Finds Nebraska Theft by Receiving Offense Is Categorically a CIMT
The court upheld the BIA’s determination that the petitioner was ineligible for cancellation of removal, because his Nebraska theft by receiving offense was categorically a crime involving moral turpitude (CIMT). (Reyna v. Barr, 8/29/19)
AILA Quicktake #274: USCIS Eliminates Non-Military Deferred Action at Local Field Offices
On 8/7/19, USCIS field offices stopped adjudicating requests for deferred action from non-military applicants. AILA’s Policy Associate Paul Stern explains what this policy change, which occurred without public notice, means for immigrants and their families who seek to remain in the United States.
EOIR Notice and Request for Comments on Proposed Revisions to Form EOIR-56
EOIR notice and request for comments on proposed revisions to Form EOIR-56, Request to be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings. Comments will be accepted until 10/28/19. (84 FR 45173, 8/28/19)
CA5 Finds Oklahoma Firearm Transportation Conviction Did Not Disqualify Petitioner from Cancellation of Removal
The court held that the petitioner’s conviction did not disqualify him from seeking cancellation of removal, because the Oklahoma misdemeanor of transporting a loaded firearm in a motor vehicle is not one of the firearms offense listed in INA §237(a)(2)(C). (Flores-Abarca v. Barr, 8/28/19)
CA1 Upholds Denial of Asylum to 21-Year-Old Salvadoran Who Suffered Abuse by Family Members
The court held that substantial evidence supported the agency’s findings that petitioner was no longer a member of his proposed social group composed of minors, and that changed circumstances in El Salvador made his fears of future persecution unfounded. (Miranda-Bojorquez v. Barr, 8/27/19)
DHS Reprogramming and Transferring $271 Million to Fund ICE Detention Beds and Open Temporary MPP Immigration Hearing Facilities
DHS announced that it is reprogramming and transferring $116 million of available funds to fund ICE single adult detention beds and transportation, and another $155 million to establish and operate temporary Migrant Protection Protocol (MPP) Immigration Hearing Facilities along the southern border.
ICE 60-Day Notice and Request for Comments on Proposed Revisions to Form I-352
ICE 60-day notice and request for comments on proposed revisions to Form I-352, Immigration Bond. Comments are due 10/28/19. (84 FR 44913, 8/27/19)
AILA Insight: Cancellation of Removal: Proving the Continuous Physical Presence Requirement
AILA member Matthew Boles discusses cancellation of removal and its continuous physical presence requirements, including how to calculate physical presence and which documents can be used to prove continuous physical presence.
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.