Featured Issues

Featured Issue: Representing Clients Before ICE

2/3/25 AILA Doc. No. 25010904. Removal & Relief

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

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.

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An unpublished ICE memo from acting ICE Director Caleb Vitello entitled “Interim Guidance: Civil Immigration Enforcement Actions in or near Courthouses” makes reference to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

Filing Administrative Complaints on Behalf of Detained and Formerly Detained Clients

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
  • Unclear but attorneys should proceed with extreme caution in pursuing any relief under this process.
  • No recission has been announced.
  • No recission has been announced.
  • The 2021 Victim Centered Approach Memo and the 2011 Prosecutorial Discretion for Victims and Witness have allegedly been rescinded though no public updated guidance available at the time of this updated. Media reports suggest that the requirements of 1367 protections should still be followed.
  • No recission has been announced.
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Federal Agencies, FR Regulations & Notices

EOIR Publishes Public Notice on Electronic Filing Pilot Program

EOIR notice on the creation of a voluntary pilot program on the expansion of electronic filing of cases filed with the immigration courts and the BIA. Notice describes the procedures for participation in the pilot program, which will be in effect from 7/16/18 through 7/31/19. (83 FR 29575, 6/25/18)

6/25/18 AILA Doc. No. 18062538. Removal & Relief
Federal Agencies, FR Regulations & Notices

Executive Order Affording Congress an Opportunity to Address Family Separation

President Trump issued an executive order on 6/20/18, ordering DHS to take measures to detain family units without separating children from parents and orders DOJ to file a request to modify the Flores settlement, among other things. (83 FR 29435, 6/25/18)

Cases & Decisions, Federal Court Cases

District Court Order Enjoins Federal Facility from Interfering with Detainees’ Right to Counsel

The court issued 28-day TRO requiring FDC Sheridan to make amends, including opportunity to consult with counsel, distribution of “Know Your Rights” pamphlets, notice and/or consent before transferring detainees out of state, and improved phone access. (Innovation Law Lab v. Nielsen, 6/25/18)

6/25/18 AILA Doc. No. 18072712. Detention & Bond, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Finds That BIA’s Remand to IJ Was Broad in Scope

The court found that although BIA remanded for consideration of denial of CAT relief, the IJ did not err in reconsidering its prior adverse credibility determination and granting asylum relief, because BIA did not expressly retain jurisdiction. (Bermudez-Ariza v. Sessions, 6/25/18)

6/25/18 AILA Doc. No. 18071336. Asylum & Refugees, Removal & Relief

Former IJ Jeffrey S. Chase Asks: Are Summary Denials Coming to Immigration Court?

It has been reported that immigration judges around the country have been denying asylum cases summarily without hearing testimony. Former Immigration Judge Jeffrey S. Chase discussed this development in immigration court, including a timeline of recent decisions.

6/24/18 AILA Doc. No. 18062543. Asylum & Refugees, Removal & Relief
Cases & Decisions, Federal Court Cases

District Court Grants Habeas Relief to Person Not Taken Immediately into ICE Custody

A U.S. District Court ruled that INA §236(c) does not apply to an individual not taken into custody immediately upon release from criminal custody, finding that a nearly five-year delay is “clearly unreasonable” under §236(c). (Sall v. ICE, 5/24/18)

6/24/18 AILA Doc. No. 18062904. Detention & Bond, Removal & Relief
Federal Agencies, Agency Memos & Announcements

DHS Issues Fact Sheet on Zero-Tolerance Prosecution and Family Reunification

DHS published a fact sheet about how CBP, ICE, and HHS process parents and children who have been separated as part of the zero-tolerance prosecution policy at the border, and the role these agencies will play in the reunification process.

AILA Blog

Tearing Down the Wall and Building Bridges

This blog post is adapted from the president's installation speech given by Anastasia Tonello, June 14, 2018 in San Francisco; she shares her message to AILA members and goals for her presidential year.

House Democrats Request Investigation to Reunite Children and Families

On 6/22/18, Congressman Lou Correa (D-CA) led 122 members of Congress in urging the Inspectors General of DHS and HHS to investigate whether the departments have records capable of reuniting families.

6/22/18 AILA Doc. No. 18062544. Congress, Detention & Bond, Removal & Relief
Federal Agencies, Agency Memos & Announcements

Memo from DHS Regarding Decision to Rescind DACA Policy

On 6/22/18, Secretary Kirstjen Nielsen issued a memorandum, in response to the court’s request for a more elaborate explanation for rescinding DACA, concurring with and declining to disturb Acting Secretary Duke’s decision to rescind the DACA policy.

6/22/18 AILA Doc. No. 18080638. DACA, Removal & Relief
Cases & Decisions, Federal Court Cases

DC’s Highest Court Rules That Criminal Defendant’s Potential Removal Warrants Jury Trial

Reversing conviction, en banc court decided that penalty of deportation, when viewed together with maximum period of incarceration that doesn’t exceed six months, overcomes presumption that offense is petty and triggers Sixth Amendment right to jury trial. (Bado v. U.S., 6/21/18)

6/21/18 AILA Doc. No. 18072409. Crimes, Removal & Relief
Cases & Decisions, Federal Court Cases

Supreme Court Rules That Notices Triggering Stop-Time Rule Must Include Time and Place

The Supreme Court held that a putative notice to appear that fails to designate the specific time or place of the noncitizen’s removal proceedings is not a “notice to appear under §1229(a),” and so does not trigger the stop-time rule. (Pereira v. Sessions, 6/21/18)

6/21/18 AILA Doc. No. 18062132. Cancellation, Suspension & 212(c), Removal & Relief
Federal Agencies, Agency Memos & Announcements

CBP Issues Statement on Implementing Executive Order on Family Separation

CBP released a statement on President Trump’s EO on family separation, stating that family unity will be maintained for families apprehended crossing the border illegally and transferred to ICE custody. Border Patrol will continue to refer for prosecution adults who cross the border illegally.

6/21/18 AILA Doc. No. 18062133. Admissions & Border, Detention & Bond, Removal & Relief
Federal Agencies, Agency Memos & Announcements

USCIS Announces Recall of 800 Incorrectly Printed EADs

On 6/21/18, USCIS will begin recalling approximately 800 employment authorization documents (EADs) that were issued in conjunction with Form I-589, Application for Asylum and for Withholding of Removal, due to a production error. Affected individuals and their attorneys will be notified.

6/21/18 AILA Doc. No. 18062134. Asylum & Refugees, Removal & Relief
Federal Agencies, Agency Memos & Announcements

ICE Agents Issue Letter to DHS Requesting HSI and ERO Become Separate Entities

In a letter obtained by the Texas Observer, 29 ICE HSI agents requested that HSI be separated from ERO, stating “HSI’s investigations have been perceived as targeting undocumented aliens, instead of the transnational criminal organizations… impacting our communities and national security.”

6/21/18 AILA Doc. No. 18062800. Detention & Bond, Removal & Relief

AILA Quicktake #242: Executive Order on Family Separation Policy

AILA President Anastasia Tonello discusses the family separation Executive Order that President Trump signed on June 20, 2018.

Cases & Decisions, DOJ/EOIR Cases

BIA Holds California Disorderly Conduct Not a CIMT

Unpublished BIA decision holds that disorderly conduct under Calif. Penal Code 647(a) is not a CIMT because it does not require lewd or specific intent to offend or defendant to be aware of presence of others. Special thanks to IRAC. (Matter of Wang, 6/21/18)

6/21/18 AILA Doc. No. 19052097. Crimes, Removal & Relief
AILA Public Statements, Correspondence

Sign-On Letter Opposing Speaker Ryan’s “Border Security and Immigration Reform Act of 2018” (H.R. 6136)

On June 20, 2018, AILA joined approximately 350 organizations in a letter to members of Congress expressing grave concerns with Speaker Paul Ryan’s (R-WI) “Border Security and Immigration Reform Act of 2018” (H.R. 6136), and asking them to vote against the bill.

Federal Agencies, Agency Memos & Announcements

White House Releases Fact Sheet on Border Prosecutions and Families

The White House published a fact sheet about zero-tolerance border prosecutions and family separation, calling on Congress to “close the loopholes that limit detention of families together to mere weeks but require years to effectuate removal.”

Media Tools

AILA Members’ Letter to the Editor Template on Family Separation

We encourage AILA members to personalize and submit this Letter to the Editor on the administration’s harsh treatment of families at the border. Please email newsroom@aila.org with any questions or to share your success.

Federal Agencies, Agency Memos & Announcements

Attorney General Publishes Op-Ed in USA Today on Family Separation

Attorney General Jeff Sessions published an op-ed in USA Today defending DOJ’s zero tolerance policy and family separation, claiming, “We don’t want to separate parents from kids.”

AILA Public Statements, Press Releases

AILA: Expanding Family Detention Is Not the Answer to Cruel Family Separation Policy

Responding to the Executive Order regarding family separation, AILA President Anastasia Tonello stated, “The barriers to due process that AILA attorneys have encountered at every detention facility only underscore what needs to happen: both family separation and family detention must end.”

Cases & Decisions, DOJ/EOIR Cases

BIA Holds Ohio Statute Not a Firearms Offense

Unpublished BIA decision holds that the improper handling of a firearm in a motor vehicle under Ohio Rev. Code 2923.16(E)(1) is not a firearms offense because state has prosecuted under similar statutes for possessing antique firearms. Special thanks to IRAC. (Matter of Edwards, 6/20/18)

6/20/18 AILA Doc. No. 19050395. Crimes, Removal & Relief

Code Red: The Fatal Consequences of Dangerously Substandard Medical Care in Immigration Detention

More people died in immigration detention in FY2017 than any year since 2009, and reports on deaths shows that they are still linked to dangerously inadequate medical care. Human Rights Watch, ACLU, National Immigrant Justice Center, and Detention Watch Network issued a report on this information.

6/20/18 AILA Doc. No. 18122070. Detention & Bond, Removal & Relief

H.R. 6136: Border Security and Immigration Reform Act of 2018

H.R. 6136, the Border Security and Immigration Reform Act of 2018, would create an avenue for Dreamers to obtain green cards, increase border security funding, eliminate the Diversity Visa lottery program, and reform family immigration and asylum laws.