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 Advocacy Toolkit for Congressional Border Deal
AILA provides members with a summary of border supplemental funding proposals that would trade funding for Ukraine and other allies for dramatic changes to U.S. asylum and detention laws. This toolkit includes Senate office contact information, template emails, and a template call script.
CA8 Finds BIA Did Not Contradict IJ’s Findings in Denying Special Rule Cancellation of Removal
On remand from the Supreme Court, the court held that the BIA permissibly weighed differently the evidence of harm that petitioner caused to his ex-girlfriend and her daughter without impermissibly finding facts or disregarding the IJ’s factual findings. (Mencia-Medina v. Garland, 1/23/24)
EOIR to Open Concord Immigration Court
EOIR announced it will open a new immigration court in Concord, California, on February 12, 2024, expanding its presence in Northern California. The Concord Immigration Court will have 21 immigration judges.
SCOTUS Hears Oral Arguments on Notice Requirements (Again)
In this blog post, AILA Policy and Practice Counsel Manolasya Perepa describes the recent SCOTUS consolidated oral arguments in Campos-Chavez v. Garland and Garland v. Singh and notes that “issues of improper notice pervade multiple aspects of the immigration system.“
Practice Alert: Access to Counsel in ICE Detention
This practice alert serves to update AILA members on the recent expansion of the Virtual Attorney Visitation (VAV) program, to share resources for communicating with detained clients, and how to escalate access to counsel issues with ICE.
CA5 Remands Asylum Claim Where BIA Failed to Consider Possible Application of TVPRA to Petitioner’s Case
The court held that the BIA erred in denying petitioner’s motion to reopen without resolving whether the Trafficking Victims Protection Reauthorization Act (TVPRA), which would invalidate the existing removal order, applied to the petitioner’s case. (Velasquez-Castillo v. Garland, 1/17/24)
Practice Pointer: BIA Addresses the “Unable or Unwilling” Standard in Matter of C-G-T-
AILA’s Asylum and Refugee Committee provides a practice pointer on Matter of C-G-T-, a 2023 BIA precedent decision in which the BIA reiterated the “unable or unwilling” standard as the correct legal standard for demonstrating eligibility for asylum.
ICE Announces Updated Policy for Body-Worn Cameras
ICE announced updated guidance for its law enforcement personnel, providing standards for the use of body worn cameras (BWCs). The policy calls for the use of BWCs in all aspects of ICE enforcement activities conducted by ICE personnel.
ICE Agrees to Post Its Bond Processing Policies Online in FOIA Lawsuit Settlement
A federal district court in California approved a settlement in which ICE agreed to post its bond processing policies online to settle a Freedom of Information Act (FOIA) lawsuit filed by bond-funding groups in December 2022. (National Bail Fund Network, et al. v. ICE, et al., 1/11/24)
No Fault/Technical Reasons: A Chronicle of Misfeasance Exposed
AILA Law Journal author Martin Robles-Avila highlights how a flawed rulemaking process has affected Nonimmigrant Status breaches and a quandary business immigration practitioners often find themselves in determining whether a client is eligible for adjustment of status.
FOIA Behind the Scenes – How USCIS and DOS Process Immigration-Related Requests
AILA member Alexandra Zaretsky describes how the International Refugee Assistance Project decided to find out how USCIS and the State Department process FOIA requests by filing a “meta-FOIA“ which unearthed some questionable agency policies of potential interest to others.
EOIR Announces 2024 Model Hearing Program
EOIR will continue its Model Hearing Program and host a series of events nationwide to provide substantive law and practical training on human trafficking, juveniles, adjustment of status, and special immigrant juvenile status. Notice includes in-person and hybrid events for January 2024.
Michigan Chapter: ICE ERO Contact List (1/9/24)
ICE Enforcement and Removal Operations (ERO) Detroit contact list as of 1/9/24 – detained and non-detained.
Practice Alert: ICE Online Portal Stakeholder Engagement Notes
AILA’s National ICE Liaison Committee provides notes from a stakeholder engagement on ICE’s new Online Portal held on December 7, 2023.
2023 ICE Annual Report: Key Takeaways
ICE released the agency’s FY2023 annual report. The lengthy report summarized the agency’s primary focus areas and provided an appendix containing a summary of ICE removals by country of citizenship. AILA provides a summary of key takeaways for OPLA, ERO, and HSI.
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 1/1/24 and ending 3/31/24, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. (89 FR 986, 1/8/24)
Resources Related to Case Challenging Credible Fear Interview and Bond Hearing Delays (Padilla v. ICE)
The U.S. District Court for the Western District of Washington issued an order granting the parties’ stipulated motion to dismiss Count IV of the complaint and granting final approval of the class action settlement for the Credible Fear Class. (Padilla v. ICE, 1/5/24)
CA5 Upholds Asylum Denial as to Salvadoran Petitioner Who Feared Threats from Her Alleged Rapist and MS-13 Gang Members (Withdrawn)
The court held that the petitioner had failed to show that the Salvadoran government would be unable or unwilling to control her persecutors, finding that the BIA adequately considered evidence of gang involvement in her claims. (Mejia-Alvarenga v. Garland, 1/3/24, withdrawn 3/8/24)
CA7 Upholds Adverse Credibility Finding Based on Inconsistencies Regarding Severity of Attack Against Petitioner in India
The court held that the BIA permissibly inferred that information missing from a physician’s report regarding petitioner’s attack by members of one of India’s political parties showed that the petitioner exaggerated the seriousness of his injuries at the hearing. (Singh v. Garland, 1/2/24)
Practice Alert: Nationwide Expansion of Family Expedited Removal Management
AILA summarizes policies and procedures currently implemented under the Family Expedited Removal Management (FERM) program, in which family units are processed for non-detained credible fear interviews at local USCIS offices.
ICE Provides its National Detainee Handbook
The ICE National Detainee Handbook is provided to individuals being housed in ICE-operated or contracted detention facilities. It is currently available in 15 languages.
Practice Alert: ICE Engagement Opportunity on Juvenile Docket
AILA shares information from ICE’s Office of Partnership & Engagement (OPE) on OPLA’s policies related to EOIR’s new juvenile dockets and how to rsvp for a forthcoming engagement opportunity.
CA8 Upholds BIA’s Denial of Equitable Tolling After Finding Petitioner Failed to Exhaust All Administrative Remedies
The court held that it lacked jurisdiction to review the BIA’s refusal to grant sua sponte relief and denied the petitioner’s request for equitable tolling, finding that the petitioner attempted to raise new arguments for the first time in his petition for review. (Essel v. Garland, 12/28/23)
CA9 Holds That Good-Cause Standard Governs BIA’s Denial of Petitioner’s Motion to Remand to Apply for Asylum
Granting the petition for review, the court found that the BIA abused its discretion in failing to properly evaluate whether the petitioner had established good cause for missing the filing deadline imposed by the IJ. (Alcarez-Rodriguez v. Garland, 12/28/23)
CA1 Finds BIA Erred by Concluding That Guatemalan Petitioner’s PSG Was Circular
The court held that the BIA erred by concluding that the Guatemalan petitioner’s particular social group (PSG) was circular, and also erred by failing to consider whether being a landowning farmer was one central reason for the persecution he experienced. (Espinoza-Ochoa v. Garland, 12/27/23)