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
CA7 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Denial of Cancellation under INA §240(c)(4)(A)
The court dismissed the petition for review of the IJ’s and the BIA’s denial of cancellation of removal as to the petitioner as a matter of discretion due to his criminal record, finding that the petitioner did not raise a colorable question of law. (Ndlovu v. Garland, 4/25/24)
CA10 Finds BIA Abused Its Discretion by Treating Petitioner’s Asylum Appeal as Waived
The court granted in part the petition for review, finding that the petitioner did not waive her challenge to the IJ’s determination that she had not shown a nexus between her alleged membership in a particular social group and her alleged persecution. (Rangel-Fuentes v. Garland, 4/23/24)
AILA and the Council Submit Amicus Brief on Mandatory Detention
AILA and the American Immigration Council submitted an amicus brief to the Second Circuit in Hodge v. Brophy in support of a noncitizen whose continued detention has not been reviewed by an independent arbiter, and instead, he has been incarcerated without a bond under Demore.
AILA Signs Letter Urging Congress to Fund Legal Representation and Due Process Protections
AILA and over 100 immigrant rights groups have signed a letter urging congressional appropriators to allocate funds in the FY2025 appropriations funding bill to address the critical gaps in legal representation and due process protections for noncitizens in removal proceedings.
CA5 Upholds Asylum Denial to Honduran Woman Who Received Extortion Demands and Death Threats from Gang
The court held that petitioners’ two proposed particular social groups (PSGs)—unprotected Honduran women who are unable to protect themselves or their children from Honduran gangs and Honduran witnesses to gang violence and threats—were not cognizable. (Bustamante-Leiva v. Garland, 4/19/24)
Carolinas Chapter: Q&A from Liaison Meeting with Charlotte and Charleston ICE/ERO (4/19/24)
Notes from Carolinas Chapter liaison meeting with Charlotte and Charleston ICE/ERO on 4/19/24.
Michigan Chapter: Notes from Meeting with the Detroit OPLA/ERO (4/18/24)
Michigan Chapter minutes from the liaison meeting on April 18, 2024, with Detroit OPLA/ERO.
CA10 Upholds Denial of Petitioner’s Motion to Reopen Based on New Evidence of Son’s Medical Condition
The court held that the BIA did not err in denying the petitioner’s motion to reopen based on new evidence of his son’s complex medical condition, finding that the petitioner had failed to demonstrate prima facie eligibility for cancellation of removal. (Olmedo-Martinez v. Garland, 4/16/24)
AILA Statement to Senate on ICE's Use of Solitary Confinement
AILA issued a statement for a Senate Judiciary Committee hearing, "Legacy of Harm: Eliminating the Abuse of Solitary Confinement" on April 16, 2024. AILA states that detention is exceptionally costly and Congress should instead fund effective alternatives.
CA6 Finds BIA Abused Its Discretion by Applying Incorrect Legal Standard in Denying Iraqi Petitioner’s Motion to Reopen
The court held that the BIA had abused its discretion in denying the petitioner’s motion to reopen based on changed country conditions in Iraq, finding that the BIA had used an incorrect legal standard to assess whether the evidence offered was material. (Abdulahad v. Garland, 4/11/24)
EOIR to Open West Los Angeles Immigration Court
EOIR announced that the West Los Angeles Immigration Court will open on May 6, 2024, and the Los Angeles – Olive Street Immigration Court will close at the close of business on April 17, 2024.
AILA and Partners Argue BIA's Methodology Creates Uncertainty Regarding Criminal Convictions
AILA and partners submit an amicus brief to the Fourth Circuit in Baptista v. Garland, explaining the wider implications of the Board's decision for defense attorneys, the immigration attorneys who advise them, and the criminal justice system as a whole.
Competence in Court: An Ethical Guide for Attorneys Practicing Removal Defense
For clients in removal proceedings, the stakes are high. While passion and zealousness are helpful traits for a removal defense attorney, competence and diligence are obligatory. This ethics article explores the complexities and nuances surrounding competence when practicing removal defense.
EOIR Final Rule Expanding the Size of the Board of Immigration Appeals
EOIR published a final rule that expands the size of the BIA by adding five additional Board members, expanding the Board to 28 members. This rule is effective on April 2, 2024. (89 FR 22630, 4/2/24)
USCIS Provides FAQs on 2024 Final Fee Rules
USCIS provided FAQs on the 2024 final fee rule that went into effect on April 1, 2024. It created these FAQs from questions that stakeholders submitted through USCIS national engagement and other channels. Check the website for the most recent version.
USCIS Issues Policy Guidance on Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule
USCIS revised its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on January 31, 2024, and effective April 1, 2024.
District Court Orders Immigration Bond Companies to Pay Redress and Civil Money Penalties of More Than $360 Million
The district court granted plaintiffs’ requested remedies in full, including injunctive relief, redress to consumers in the amount of $230 million, and civil money penalties in the amount of $111 million. (Consumer Financial Protection Bureau, et al. v. Nexus Services, Inc., et al., 3/31/24)
EOIR Announces Opening of New Immigration Court in Lowell, MA
EOIR announced it will open a new immigration court in the Greater Boston region on April 8, 2024, expanding its presence in Massachusetts. The Lowell Immigration Court will have 21 immigration judges. Notice provides information on Lowell Immigration Court.
Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants
Your one-volume resource for understanding how the courts and immigration agencies will treat noncitizens convicted or even suspected of crime. It provides analysis of all the ways criminal activity will impact applications for immigration benefits, and alternatives and maneuvers to support clients.
CA1 Remands Egyptian Petitioner’s Asylum Claim Premised on Mixed-Motive Persecution
The court granted the petition for review as to the petitioner’s asylum claim premised on mixed-motive persecution, finding that the religion of the petitioner, who was a Coptic Christian, qualified as a central reason for his beating by the Muslim Brotherhood. (Khalil v. Garland, 3/29/24)
CA3 Finds BIA Erred in Holding That Petitioner’s Second-Degree Robbery Conviction in New Jersey Was a CIMT
The court held that, under the categorical approach, none of the elements of New Jersey’s second-degree robbery statute necessarily involved moral turpitude, and thus found that the petitioner’s conviction was not a crime involving moral turpitude (CIMT). (Almanzar v. Att’y Gen., 3/29/24)
CA7 Upholds Withholding of Removal Denial to Mexican Petitioner Who Received Threats Against Himself and His Family
The court held that substantial evidence supported the IJ’s and BIA’s determinations that the petitioner had failed to establish that he would be persecuted by individuals whom the Mexican government would be unable or unwilling to control. (Ortega v. Garland, 3/29/24)
Featured Issue: USCIS Final Rule Adjusting Its Fee Schedule
Use this page to stay on top of the 2024 USCIS final rule adjusting its fee schedule. USCIS has stated that it will use the postmark date of filing to determine if the correct form version and fees were submitted.
AILA and Council Submit Amicus Brief to the Supreme Court on "Consular Nonreviewability" Doctrine
AILA and the Council submitted an amicus brief to the Supreme Court in DOS v. Muñoz, arguing that when a consular officer finds the spouse of a U.S. citizen to be inadmissible, a straightforward reading of the Administrative Procedure Act makes that decision subject to judicial review.
AILA Joins Sign-on Letter Urging Extension and Redesignation of TPS for Haiti
AILA joined the Haitian Bridge Alliance and 480 other organizations in a letter to the White House, DHS, and DOS requesting an extension and redesignation of the Republic of Haiti for TPS and a moratorium on deportations to the Republic of Haiti.