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
AILA and the Council Comment on the Application of Certain Mandatory Bars in Fear Screenings
AILA and the American Immigration Council submitted a joint comment on NPRM, Application of Certain Mandatory Bars in Fear Screenings.
CA1 Concludes That Petitioner Detained Nearly Four Years While Seeking CAT Relief Was Not Entitled to Habeas Relief
The court affirmed the district court’s denial of habeas relief, finding that the petitioner had not exhausted his administrative remedies to prevent removal, but rather was being detained because his Convention Against Torture (CAT) proceedings remained pending. (G.P. v. Garland, 6/11/24)
CA4 Upholds Denial of Asylum and Related Relief to Salvadoran Petitioners Who Were Abused by Maternal Uncle
The court held that substantial evidence supported the agency’s finding that petitioners had failed to show the requisite nexus between the harm they suffered from their uncle and their membership in a social group consisting of “children of their mother.” (Diaz-Hernandez v. Garland, 6/10/24)
Practice Alert: Searching for Individuals in CBP Custody
If you are searching for someone who may have crossed into the United States, the ICE website allows you to search by name or A-number for anyone currently in ICE custody or currently in CBP custody for 48 hours or more.
ICE Announces Changes to "Optimize Enforcement Resources"
ICE announced several changes to increase the overall capacity of enforcement resources, including repatriation flights and detention capacity. One change was closing the South Texas Family Residential Center in Dilley, Texas, which is the most expensive facility in the national detention network.
Legal and Policy Experts Discussed Asylum and Border Changes in Virtual Press Briefing
AILA held a virtual press briefing in which AILA ED Ben Johnson was joined by Greg Chen, Jennifer Ibañez Whitlock, and Angela Kelley to discuss the recently issued Interim Final Rule (IFR) and Presidential Proclamation; an audio recording is available.
DHS/DOJ Interim Final Rule on Securing the Border
DHS/DOJ published an interim final rule with a request for comments on a proclamation suspending and limiting the entry of certain noncitizens. Comments are due by 7/8/24. Rule is effective at 12:01 am (ET) on 6/5/24. (89 FR 48710, 6/7/24)
Audio Recording of Press Briefing Held June 6, 2024, Regarding Implementation of Border IFR
Unofficial transcription and audio recording of AILA's press briefing held on June 6, 2024, regarding the implementation of the recent border IFR.
Practice Alert: Changes to Asylum Law under “Securing the Border” and the “Circumvention of Lawful Pathways” Regulations
AILA provides a practice alert after President Biden signed “A Proclamation on Securing the Border,” (Proclamation) and the Administration issued an Interim Final Rule, “Securing the Border” (IFR), jointly (STB), relying in part on the authority in INA 212(f).
Joint Analysis of Biden Border Proclamation
AILA, as well as several other organizations, provide joint analysis of the Biden Border Proclamation, including key takeaways, background information, and summaries of the changes.
Stuck Between Congressional Inaction and Border Realities, President Biden Issues New Proclamation and Rule on Asylum
AILA ED Ben Johnson responded to the Biden Administration’s new proclamation and rule aimed at preventing migrants entering the U.S. between ports of entry from accessing asylum, noting that “the powers of the Executive Branch alone are insufficient to address the challenges at the border.”
ICE Issues Implementation Guidance for Noncitizens Described in the June 3, 2024, Presidential Proclamation
ICE issued implementation guidance for noncitizens described in the June 3, 2024, Presidential Proclamation, Securing the Border, and the Interim Final Rule, Securing the Border, which went into effect on 12:01 am (ET) on June 5, 2024.
Policy Brief: Presidential Authority to Block or Expel Migrants
President Biden is considering restricting the number of migrants who can enter the United States and barring asylum seekers for extended periods. AILA would oppose this policy if it prevents asylum seekers from receiving fair and accurate consideration of their requests for asylum.
CA7 Affirms District Court’s Dismissal of Plaintiff’s Complaint Alleging That USCIS Improperly Denied Her I-360 Petition
The court found that the district court correctly dismissed the plaintiff’s complaint, which alleged that USCIS improperly denied her I-360 petition under the Administrative Procedure Act (APA) and agency regulations, as well as violated her Fifth Amendment rights. (Smith v. Garland, 6/3/24)
"No Human Being Should Be Held There": The Mistreatment of LGBTQ and HIV-Positive People in U.S. Federal Immigration Jails
Immigration Equality, the National Immigrant Justice Center, and Human Rights First surveyed 41 LGBTQ and HIV-positive immigrants who were detained by CBP and ICE and found inhumane conditions and urge the executive branch and Congress to take steps to end the unnecessary suffering.
Gender Affirming Language in Immigration Court
ACACIA, RMIAN, and Benach Collopy provide a primer on how gender-expansive identities can be affirmed in courtroom settings and a reference point for ensuring that people of different gender identities are respected in court.
CA2 Holds That Petitioner’s New Jersey Conviction for Distributing a Controlled Substance on or Near School Property Was Not an Aggravated Felony
Applying the categorical approach, the court concluded that the petitioner’s conviction in New Jersey for distributing a controlled substance on or near school property in violation of N.J. Stat. §2C:35-7 was not an aggravated felony under INA §101(a)(43)(B). (Stankiewicz v. Garland, 5/31/24)
USCIS Provides Tips for Filing Forms by Mail
USCIS provides tips on filing form fees, eligibility requirements, fee waiver eligibility, required documents, and mailing addresses depending on the form being filed. These tips will help ensure that USCIS accepts an application, petition, or request package for processing.
DOJ Expands Efforts to Dismantle Human Smuggling Operations and Support Immigration Prosecutions
The DOJ announced additional efforts to dismantle and prosecute human smuggling operations and increased federal immigration-related prosecutions. To accomplish these goals, the DOJ will also increase coordination with other agencies.
AILA Executive Director Welcomes Anti-Trafficking Effort, Urges Focus on Real Threats
AILA ED Ben Johnson states DOJ’s anti-trafficking and smuggling plans are exactly where DHS and DOJ “should focus efforts to reduce crime and improve border management” but flags concerns with “the agencies’ plan to increase prosecutions of people for improper entry or re-entry after removal.”
NILA Practice Alert: Construing the Reopening Limitation in the Reinstatement Statute
NILA created a practice alert addressing Suate-Orellana v. Garland and provides two template motions based on Suate-Orellana – a motion to reconsider and a motion to reopen. These motions are Ninth-Circuit specific but can be modified for filing in cases outside the circuit.
CA8 Upholds Denial of Asylum to Bosnian Muslims Based on Lack of Nexus to Protected Ground
The court upheld BIA finding that petitioners failed to show a nexus between their protected ground and the persecution they suffered, where the BIA found they had been targeted by Serbian criminals not for being Bosniak, but for police informant activities. (Durakovic v. Garland, 5/20/24)
CA11 Holds That Florida Conviction for Lewd and Lascivious Battery Was Not an Aggravated Felony
The court held that the petitioner’s conviction in Florida for lewd and lascivious battery under the 2008 version of Fla. Stat. §800.04(4) did not constitute the sexual abuse of a minor, and was thus not an aggravated felony under the INA. (Leger v. Att’y Gen., 5/20/24)
EOIR Final Rule on Efficient Case and Docket Management in Immigration Proceedings
EOIR issued a final rule on efficient case and docket management in immigration proceedings that finalizes the 2023 proposed rule with limited changes. Rule is effective 7/29/24. (89 FR 46742, 5/29/24)
A Guide to Obtaining Release from Immigration Detention
The National Immigration Project (NIPNLG) provides a guide with a comprehensive resource for representing adult clients detained by DHS in immigration court bond proceedings, including the nuts and bolts of preparing for and representing a client during an immigration court bond hearing, and more.