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
CA1 Upholds Denial of Asylum to Ecuadorian Petitioner Who Feared Harm Due to His Quechua Heritage
The court held that the IJ’s and BIA’s determinations that the petitioner could safely relocate within Ecuador were supported by substantial evidence, where the petitioner had testified that there were perhaps some Ecuadorian states in which he could live safely. (Caz v. Garland, 10/11/23)
Practice Advisory: Representing Detained Clients in the Virtual Landscape
AILA and the CAIR Coalition provide a practice advisory that focuses on the challenges unique to the detention context and how best to address some of the key issues to effectively providing remote representation to detained noncitizens.
CA2 Finds BIA Applied Wrong Legal Standard in Evaluating Ineffective Assistance Claim
The court held that BIA applied an incorrect standard in reviewing petitioner’s ineffective assistance claim, overlooked and mischaracterized petitioner’s new hardship evidence, and failed to follow precedent when denying his request for remand. (Paucar v. Garland, 7/12/23, amended 10/10/23)
Practice Alert: EOIR Issues Guidance on DHS Enforcement Priorities
On September 28, 2023, Director David L. Neal, published a Director's Memorandum issuing guidance for EOIR adjudicators in light of the Mayorkas Memorandum and the Doyle Memorandum.
CA7 Upholds Asylum Denial to Guatemalan Petitioner Who Feared Persecution on Account of Her Mayan Ancestry
The court held that substantial evidence supported the IJ’s determination that the Guatemalan petitioner had failed to establish that the Guatemalan government was unable or unwilling to protect her. (Perez v. Garland, 10/3/23)
CA11 Find Petitioner’s Massachusetts Armed Robbery Conviction Constituted an Aggravated Felony
The court held that the petitioner was removable as an aggravated felon, finding that his Massachusetts conviction for armed robbery constituted a theft offense under INA §101(a)(43)(G), and was thus an aggravated felony under INA §237(a)(2)(A)(iii). (Kemokai v. Att’y Gen., 10/2/23)
EOIR Issues Flyer on Cancellation of Removal
EOIR issued a flyer on cancellation of removal, including information on how an individual can apply for cancellation.
EOIR Issues Memo with Guidance on Enforcement Priorities and Prosecutorial Discretion
EOIR issued a Director’s Memorandum (DM) that provides guidance to adjudicators on the enforcement priorities and exercises of prosecutorial discretion of DHS. This DM rescinds Policy Memorandum 21-25. Guidance is effective 9/28/23.
Southern California Chapter: Q&A from Liaison Meeting with DHS OPLA-LA and ERO (9/27/23)
Notes from Southern California Chapter’s liaison meeting with DHS OPLA-LA and ERO on 9/27/23.
CA3 Finds That Petitioner’s DUI Conviction in Pennsylvania Did Not Render Him Removable Under INA §237(a)
The court held that the BIA erred in concluding that the petitioner’s 2018 Pennsylvania conviction for driving under the influence (DUI) of marijuana constituted an offense involving a controlled substance that rendered him removable under INA §237(a). (Pesikan v. Att’y Gen., 9/26/23)
Congressional Leaders Request USCIS Guidance on Cases Terminated by ICE
Congressional leaders wrote a letter to USCIS requesting guidance, so asylum seekers and their counsel know how to navigate affirmative asylum claims and applications for work authorization before the immigration court if a case is terminated.
NARA Notice of Agency Records Schedules
National Archives and Records Administration (NARA) notice with records schedules in which agencies propose to dispose of certain records. This notice includes a records schedule from ICE called “Video and Audio Surveillance Records.” (88 FR 65757, 9/25/23)
White House Announces New Actions to Increase Border Enforcement and Accelerate Processing for Work Authorizations
The White House announced new measures to enhance border security, including an expansion of FERM, increasing DHS holding and processing capacity, accelerated processing for EADs filed by parolees who scheduled an appointment through CBP One, and more.
AILA Joins Sign-on Letter Requesting Further Transparency into the FERM Program
AILA joined 45 other organizations in requesting DHS to provide additional transparency into the impact and operation of the Family Expedited Removal Management (FERM) program.
EOIR Provides Office of the Chief Immigration Judge Staff Directory
EOIR provides the staff directory for the Office of the Chief Immigration Judge, broken down by court.
CA1 Holds That Petitioner’s Pending Post-Conviction Motion to Vacate Did Not Disturb Finality of Conviction for Immigration Purposes
The court held that BIA did not abuse its discretion in finding that petitioner’s pursuit of post-conviction relief neither destroyed the finality of her underlying conviction for immigration purposes nor invalidated the basis for the removal order based on it. (St. John v. Garland, 9/19/23)
USCIS Clarifies Guidance for Filing DACA Applications
USCIS issued an update after a U.S. district court decision found the DACA final rule unlawful. USCIS will continue to accept and process DACA renewals and accompanying applications for EADs. USCIS will continue to accept initial requests, but per the order, not process initial DACA requests.
CA3 Remands Asylum Claim of Honduran Petitioner Who Feared Persecution Based on Her Past Experiences of Abuse and Sexual Violence
The court remanded for the BIA to determine whether the petitioner’s proposed particular social group (PSG) was cognizable in light of the specific country conditions in Honduras. (Avila v. Att’y Gen., 9/14/23)
AILA Submits Amicus on If DHS Can Remedy a Non-compliant NTA with an Amendment
AILA submitted an amicus brief to the BIA in response to Amicus Invitation No. 23-01-08, arguing that the Board should hold that if DHS serves a putative Notice to Appear that does not comply with Niz-Chavez, termination with prejudice is warranted.
CA9 Holds That Stop-Time Rule Refers to Date an INA §212(a)(2) Offense Is Committed
The court held that the BIA did not err in concluding that the stop-time rule set forth in INA §240A(d)(1)(B) is calculated from the date a petitioner committed the criminal offense that rendered him removable, rather than the date they were convicted. (Rudnitskyy v. Garland, 9/14/23)
CA9 Finds Mexican Petitioner’s Credible Testimony Established Reasonable Fear of Persecution or Torture
Granting the petition for review, the court held that the petitioner’s own credible testimony at the screening stage sufficiently established a reasonable fear of persecution or torture to warrant a hearing before an IJ on the merits of his claims for relief. (Hermosillo v. Garland, 9/14/23)
AILA’s EOIR Liaison Committee Meets with EOIR (9/14/23)
AILA’s EOIR Liaison Committee met with EOIR in person as well as virtually in September 2023. Topics discussed included specialized dockets, pre-hearing conferences and DHS non-appearance, default hearing mediums and Webex issues, technology issues, and more. View the minutes as well as the agenda.
CA2 Declines to Give Retroactive Effect to New York’s Modification of Sentencing Scheme for Class A Misdemeanors
Declining to give retroactive effect to New York’s modification of its sentencing scheme for purposes of federal immigration law, the court upheld the BIA’s conclusion that petitioner was removable because he committed a crime involving moral turpitude. (Peguero Vasquez v. Garland, 9/13/23)
CA5 Says Business Owners Are Not a Protected Social Group for Purposes of Asylum and Withholding of Removal
Denying the petition for review, the court agreed with the BIA that the petitioners’ proposed social group of “Salvadoran business owners” was not cognizable under the INA, because “business owner” is not an immutable trait. (Munoz-De Zelaya v. Garland, 9/12/23)
CA4 Finds IJ Erred by Failing to Inform Petitioner of Bond Amount and Deadline Before Granting Voluntary Departure
The court held that the BIA erred in concluding that the IJ was not required to advise petitioner of the bond requirement before granting voluntary departure, and found that it was insufficient for the IJ to provide the required advisals in the order itself. (Solis-Flores v. Garland, 9/11/23)