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
BIA Holds That Controlling Circuit Law Is Not Affected by Change in Administrative Control Court
The BIA held that since choice of law is dependent on venue in immigration court proceedings, the controlling circuit law is not affected by a change in the administrative control court and will only change upon a grant of a motion to change venue. Matter of M–N–I–, 28 I&N Dec. 803 (BIA 2024)
Resources Related to the 2024 Senate Border Negotiations
On May 23, the Senate voted down (43-50) the Border Act, a bill introduced by Senator Murphy (D-CT). The Border Act includes similar immigration provisions as the February bipartisan bill he jointly wrote with Senators Lankford (R-OK) and Sinema (I-AZ).
CA1 Finds BIA Improperly Disregarded Evidence of Changed Country Conditions in Indonesia in Petitioners’ Motion to Reopen
The court held that, in reviewing the motion to reopen of the petitioners based on changed country conditions related to acts of violence directed at Christian Indonesians, the BIA discarded evidence—without considering its merits—on legally unjustifiable bases. (Tulung v. Garland, 5/21/24)
Policy Brief: Solutions for the Border and America's Immigration System
AILA presents solutions to Congress and the President to address the border and modernize America’s immigration system. With the dramatic shifts in worldwide migration sustained action is needed at the U.S. southern border to ensure the fair, fast, and orderly processing of arriving migrants.
CA1 Upholds Denial of Motion to Reopen of Christian Chinese-Indonesian Petitioners Based on Changed Country Conditions in Indonesia
The court denied the petition for review of the BIA’s second denial of reopening, finding that the BIA reasonably found that petitioners had failed to satisfy the requirements for an exception to late filing in INA §240(c)(7)(C)(ii) and 8 CFR §1003.2(c)(3)(ii). (Djokro v. Garland, 5/17/24)
DHS and DOJ to Announce “Recent Arrivals” Docket Process for More Efficient Immigration Hearings
DOJ finalizes rule on a new Recent Arrives Docket process aiming to render final decisions within 180 days for certain noncitizen single adults who attempt to cross between ports of entry at the Southwest border. The docket will operate in Atlanta, Boston, Chicago, LA, and New York City.
Featured Issue: Ensuring Legal Representation for People Facing Removal
Despite the critical role legal representation plays in ensuring fairness in removal proceedings, the law still does not guarantee the government will pay for counsel if the person is unable to afford one. AILA provides resources on ensuring legal representation for people facing removal.
District Court Vacates ICE’s Unlawful “Knock-and-Talk” Policies and Practices
A federal district court in California issued an order vacating ICE’s unlawful “knock-and-talk” policies and practices, finding that they violate the Fourth Amendment and the Administrative Procedure Act (APA). (Sorto-Vasquez Kidd, et al. v. Mayorkas, et al., 5/15/24)
Senators Send Letter Urging Appropriators to Include Funding for Case Management Alternative to Detention
Senators, led by Senator Merkley, sent a letter to the subcommittee on Homeland Security Senate Committee on Appropriations requesting the committee's FY2025 proposal include $100 million for the Case Management Pilot Program (CMPP). AILA supported this request.
CA4 Holds That Petitioner’s D.C. Conviction for Attempted Second Degree Child Sexual Abuse Qualifies Him for Removal
The court held that the Salvadoran petitioner’s conviction for attempted second-degree child sexual abuse in violation of Washington, D.C., law qualified as a removable crime of child abuse. (Marquez Cruz v. Garland, 5/14/24)
DHS NPRM on the Application of Certain Mandatory Bars in Fear Screenings
DHS notice of proposed rulemaking (NPRM) to allow asylum officers to consider the potential applicability of certain bars to asylum and statutory withholding of removal during certain fear screenings. Comments due by June 12, 2024. (89 FR 41347, 5/13/24)
AILA Submits Amicus Brief Supporting Challenge to Iowa Law
AILA filed an amicus brief in support of the Council and the ACLU in their lawsuit challenging Iowa's egregious attempt to enact and enforce its own immigration law, which would allow state authorities can imprison and deport anyone who has previously been removed from the country.
AILA Senior Director of Government Relations Shares Insights on Asylum Rule Notice
Greg Chen responds to the advance copy of the Notice of Proposed Rulemaking that would give authority to asylum officers to apply existing security and terrorism related bars during the initial screening process for credible fear.
AILA Member Receives FOIA Response and Obtains an Asylum Officer Lesson Plan
An AILA member has received a FOIA response and obtained an asylum officer lesson plan titled "Credible Fear of Persecution and Torture Determinations." The lesson is dated May 9, 2024 and covers who is subject to expedited removal and how to apply the credible fear standard.
Practice Alert: FedEx Facility in South Michigan Destroyed by Tornado
On May 7, a potential tornado destroyed a FedEx facility in Portage, in the southern part of Michigan. AILA encourages members whose filings may be affected by this issue, to send a report to reports@aila.org. Reports should include information on the affected filing.
EOIR 30-Day Comment Request of EOIR-26A
EOIR 30-day comment request on the Fee Waiver Request (EOIR-26A). Comments are due by 6/7/24. (89 FR 38917, 5/8/24)
CA9 Holds That INA §241(a)(5) Barring Reopening or Review of Reinstated Removal Order Is Not Jurisdictional
The court held that INA §241(a)(5), which bars reopening or review of a removal order that has been reinstated, is not jurisdictional in accordance with the U.S. Supreme Court’s holding in Santos-Zacaria v. Garland. (Suate-Orellana v. Garland, 5/7/24)
CA8 Upholds Reinstatement of Removal Order Where Petitioner Feared Returning to Mexico Due to Cartel Violence
Where petitioner feared returning to Mexico due to cartel violence, the court held that substantial evidence supported the IJ’s finding that he failed to show a reasonable fear of persecution or torture for purposes of removal proceedings under INA §241. (Galvez-Vicencio v. Garland, 5/6/24)
CA8 Upholds Denial of CAT Relief to Petitioner Who Feared He Would Be Harmed by Cartel in Mexico
The court upheld the denial of petitioner’s motion for reconsideration of the BIA’s reversal of the IJ’s grant of Convention Against Torture (CAT) relief, finding that the BIA correctly applied its standard of review and did not independently find facts. (Rosas-Martinez v. Garland, 5/3/24)
CA6 Upholds Denial of CAT Deferral to Iraqi Petitioner Convicted of Crimes Against Children
The court upheld the denial of deferral of removal under the Convention Against Torture (CAT), concluding that the agency did not err in its evaluation of new evidence the petitioner submitted with his motion to reopen alleging changed country conditions in Iraq. (Saleh v. Garland, 5/2/24)
CA1 Finds “Small Business Owners” Is Not a Legally Cognizable PSG
The court concluded that the proposed particular social group (PSG) consisting of “small business owners” was not legally cognizable, and thus upheld the denial of asylum to the Guatemalan petitioner, who had been subjected to death threats from the Mara 18 gang. (Cabrera v. Garland, 5/2/24)
CA5 Upholds Denial of Asylum to Petitioner Who Was Threatened by Mexican Navy
The court upheld the BIA’s determination that the petitioner, who had publicly spoken out against the Mexican Navy and whose home was subsequently ransacked by the Navy, had failed to establish past persecution or a well-founded fear of future persecution. (Loredo Rangel v. Garland, 5/1/24)
Practice Alert: New USCIS Fee Schedule and EOIR Defensive Filing Fees
AILA contacted EOIR for confirmation that their website and related documentation will reflect the updated USCIS fee schedule, as the EOIR website did not reflect that biometric services fees are now $30. As of May 1, 2024, the website is updated.
CA6 Holds That Petitioner’s Tennessee Domestic Violence Conviction Was Not Categorically a Crime of Violence
The court found that the petitioner’s misdemeanor domestic assault conviction under Tennessee Code Annotated §39-13-111 was not categorically a crime of violence under 18 USC §16(a) that would render him statutorily ineligible for cancellation of removal. (Sanchez-Perez v. Garland, 4/30/24)
Practice Pointer: The Cuban Adjustment Act —An Introduction to Its Distinct Processes and Recurring Practice Applications
AILA's Removal Defense Section provides a practice pointer that discusses the Cuban Adjustment Act and its application.