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
American Immigration Council and AILA File Complaint to Bring Injustice in El Paso Immigration Court to Light
The American Immigration Council and AILA filed an oversight complaint demanding investigation and highlighting systemic due process violations that are undermining justice for detained immigrants called before judges at the El Paso Service Processing Center immigration court.
AILA Insight: What You Need to Know About ICE Bonds
AILA member Matthew Boles discusses how ICE bonds work, how to determine if your client has one, and what you can expect in a bond hearing.
Practice Alert: Problems with Feeing in Motions and Applications with Local USCIS Field Offices
AILA has received reports of difficulties experienced at local USCIS offices when attempting to fee in an EOIR motion/application via an InfoPass appointment, or in emergency situations via walk-in. AILA solicited examples and raised several to the attention of USCIS and the CIS Ombudsman.
AILA and Florence Immigrant & Refugee Rights Project Submits Amicus Brief Raising Concerns About the Elements of Robbery
AILA and Florence Immigrant & Refugee Rights Project submitted amicus brief in United States v Martinez-Hernandez arguing that the California Penal Code Section 211 is overboard to the generic crime of theft and substantial departure from the 50 states and the District of Columbia.
CA5 Holds Conviction for Family Violence Assault in Texas Is a Crime of Violence Under 18 USC §16(a)
The court affirmed the district court, holding that a conviction under Texas Penal Code §§22.01(a)(1) and (b)(2) for “Assault – Family Violence” falls within the definition of a crime of violence under 18 USC §16(a). (United States v. Gracia-Cantu, 4/2/19)
BIA Vacates Finding That Respondent Was Ineligible for 212(h) Waiver
Unpublished BIA decision holds that IJ should have considered respondent’s testimony that bag contained only marijuana residue before finding that he was ineligible for waiver under INA 212(h). Special thanks to IRAC. (Matter of Zavala, 4/1/19)
BIA Vacates Finding That Respondent Engaged in Polygamy
Unpublished BIA decision finds that respondent did not necessarily engage in polygamy by marrying second wife before being officially divorced from first wife. Special thanks to IRAC. (Matter of Cisse, 4/1/19)
CA9 Declines to Rehear Sanchez v. Barr En Banc
The court issued an order denying the rehearing en banc of Sanchez v. Barr, in which the court held that the petitioner may be entitled to termination of removal proceedings after he made a prima facie showing of an egregious violation of 8 CFR §287.8(b)(2). (Sanchez v. Barr, 4/1/19)
CA5 Finds Petitioner Failed to Rebut Presumption of Receipt of Notice of Hearing Sent by Regular Mail
The court found the BIA did not abuse its discretion when, in applying the Matter of M-R-A- factors and looking to the totality of the circumstances, it determined that petitioner had failed to overcome the weaker presumption of effective service. (Navarrete-Lopez v. Barr, 4/1/19)
CA5 Upholds Denial of Motion to Reopen Where Petitioner Did Not Provide U.S. Mailing Address
The court held that the BIA did not abuse its discretion in finding that the information that the petitioner had provided to immigration officials—the names of his town and county in El Salvador—did not satisfy the notice requirement of INA §242b(a)(1)(F)(i). (Ramos-Portillo v. Barr, 4/1/19)
EOIR Released Statistics on Decision Outcomes for Second Quarter of FY2019
EOIR released statistics on outcomes of initial case decisions for the second quarter of FY2019 (through 3/31/19). Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
EOIR Released Percentage of DHS-Detained Cases Completed Within Six Months for Second Quarter of FY2019
EOIR released statistics on the percentage of DHS-detained cases completed within six months. As of 3/31/19, 92 percent of initial case completions took less than six months.
CBP Releases FY2018 Border Security Report
CBP released a report summarizing its FY2018 border enforcement efforts. CBP recorded 404,142 apprehensions, and 279,009 inadmissible cases, a 15 percent increase over FY2017. CBP recorded a 59 percent increase in inadmissible family units, and a 42 percent increase in family units apprehended.
BIA Holds Findings Made Pursuant to Sex Offender Registration Do Not Qualify as “Elements”
Unpublished BIA decision holds that findings made by West Virginia trial judge in requiring respondent to register as a sex offender do not qualify as “elements” that can be considered under the categorical approach. Special thanks to IRAC. (Matter of Leguia Chuquichaico, 3/29/19)
EOIR Issues Memo on “No Dark Courtrooms”
EOIR issued PM 19-11, No Dark Courtrooms, to ensure that all available courtrooms are used for hearing cases every day during normal court operating hours, including maximizing the use of video teleconferencing and immigration adjudication centers. The memo is effective 5/1/19.
CA8 Upholds Asylum Denial to Guatemalan Woman Who Was Repeatedly Abused by Domestic Partner
The court upheld the BIA’s denial of asylum, finding that a reasonable adjudicator would not be compelled to find that the Guatemalan government was and would be unwilling or unable to protect the petitioner against her daughter’s abusive father. (Juarez-Coronado v. Barr, 3/29/19)
AILA Insight: The Government Shutdown and Its Impact on the Immigration Court
New Member Division Steering Committee member Olsa Alikaj-Cano provides an overview of the government shutdown’s impact on immigration courts, and some lessons learned in the aftermath.
DOJ Advance Notice of Proposed Rulemaking Soliciting Comments on Limited Representation Before EOIR
DOJ advance notice of proposed rulemaking soliciting public suggestions on potential amendments to EOIR regulations governing the rules of practice and the scope of appearance and representation before the immigration courts and the BIA. Comments are due 4/26/19. (84 FR 11446, 3/27/19)
BIA Reopens and Terminates Proceedings Following Vacatur of Marijuana Conviction
Unpublished BIA decision reopens and terminates proceedings following vacatur of one of respondent’s two convictions for possession of 20 grams or less of marijuana, leaving the remaining conviction subject to the personal use exception. Special thanks to IRAC. (Matter of Herrera, 3/27/19)
BIA Vacates Denial of Continuance for U Visa Applicant
Unpublished BIA decision holds that IJ erred in denying continuance to await adjudication of U visa application solely because it was not a form of relief that could be granted by the court. Special thanks to IRAC. (Matter of De La Cruz, 3/25/19)
CA8 Says “Salvadoran Female Heads of Households” Is Not a Cognizable Particular Social Group
The court held that the BIA did not err in ruling that petitioner had failed to prove past persecution on account of her membership in the social group of “Salvadoran female heads of household,” finding that the group lacked social distinction and particularity. (De Guevara v. Barr, 3/21/19)
Read All About It: ABA Report Calls for Independent Immigration Courts
Jeremy McKinney describes what he is seeing in his practice which underscores the need for an independent immigration court, a call echoed by the American Bar Association's new report on the immigration system released March 20, 2019.
CA9 Upholds Denial of Asylum to Mexican Police Officer Who Received Death Threats from Hitmen
The court held that the evidence did not compel the conclusion that the petitioner, a Mexican police officer who had received two death threats from hitmen of the Sinaloa drug cartel, had suffered past harm rising to the level of persecution. (Duran-Rodriguez v. Barr, 3/20/19)
CA4 Reverses Denial of CAT Relief to Salvadoran Who Received Death Threats from Gang
The court granted the petition for review, holding that the BIA had entirely failed to address the petitioner’s testimony that Salvadoran officials had turned a “blind eye” to death threats made by members of the 18th Street gang to petitioner and her son. (Cabrera Vasquez v. Barr, 3/20/19)
EOIR Releases Updated Guidance on Use of Electronic Devices in EOIR Space
EOIR released PM 19-10 providing EOIR’s security directive and policy for public use of electronic devices in EOIR space. This directive replaces the previous EOIR Security Directive on this topic and is effective as of 3/20/19.