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
CA9 Declines to Rehear Mendoza-Linares v. Garland En Banc
The court denied the petition for rehearing en banc in the case, which held that Congress has precluded the court from asserting jurisdiction over the merits of individual expedited removal orders, even with regard to constitutional challenges. (Mendoza-Linares v. Garland, 7/5/23)
CA7 Upholds Denial of Asylum to Honduran Petitioner Whose Family Was Involved in a Feud with Another Family
The court upheld the denial of asylum to the petitioner—who had fled his home in Honduras due to a murderous feud between his family and another family—finding that he had failed to show that the Honduran government was unable or unwilling to protect him. (Osorio-Morales v. Garland, 7/5/23)
CA11 Finds IJ and BIA Misinterpreted “Extreme Cruelty” in INA §240A(b)(2) as Requiring Proof of Physical Violence
Granting the petition for review and remanding, the court agreed with the petitioner that the IJ and the BIA misinterpreted INA §240A(b)(2) and thereby applied an erroneous legal standard in evaluating her request for cancellation of removal. (Ruiz v. Att’y Gen., 5/18/23, amended 7/5/23)
The Immigration and Nationality Act’s Lost Appellate Rights Warnings
AILA Law Journal author Christopher Boom shares some insights into his recent article, noting that “Taking away appellate rights from noncitizens for not going to their hearings without warning them of this possibility first“ is unjust and contrary to the will of Congress.
CA3 Remands for Rescission of In Absentia Removal Order Where NTA Lacked Date and Time of Removal Hearing
Where the petitioner’s initial Notice to Appear (NTA) omitted the date and time of her removal hearing, the court remanded for the BIA to rescind her in absentia removal order, because no change or postponement occurred and DHS never issued a new NTA. (Madrid-Mancia v. Att’y Gen., 7/3/23)
Southern California Chapter OPLA Los Angeles Contact List (July 2023)
Southern California Chapter OPLA Los Angeles contact list as of July 2023.
Southern California Chapter Unit Prosecution Chart (July 2023)
Southern California Chapter Unit Prosecution Chart as of July 2023.
CA2 Remands for BIA to Determine Whether Petitioners Received Notice Required to Trigger Frivolous Asylum Claim Bar
The court remanded for the BIA to determine whether the IJ made factual findings sufficient to support the notice required to trigger the permanent reentry bar that applies to noncitizens who file frivolous asylum claims after receiving notice of that consequence. (Ud Din v. Garland, 6/30/23)
EOIR to Relocate Chicago Immigration Court’s Main Location
EOIR issued a notice that the Chicago Immigration Court’s main location at 525 W. Van Buren Street will close for relocation on July 13, 2023. During the closure, scheduled detained and non-detained hearings will take place at the Chicago Immigration Court’s satellite location.
Practice Alert: Supreme Court Decision on Biden Administration’s Immigration Enforcement Guidance Not Yet in Effect
AILA provides a practice alert on the effective date of the Supreme Court’s decision in USA v. Texas, a case concerning the Biden Administration’s immigration enforcement guidance.
CA9 Says BIA Properly Found That Petitioner’s California Drug Conviction Was a Particularly Serious Crime
The court found that the BIA properly applied Matter of Y–L– to conclude that the petitioner’s conviction in California for possession of cocaine for sale was a particularly serious crime that barred withholding of removal. (Park v. Garland, 6/29/23)
Resources on Florida Anti-immigrant Bills
This page includes resources related to recently passed Florida legislation targeting immigrants.
Litigation Timeline for Texas and Louisiana Challenge to President Biden’s 2021 Prosecutorial Discretion Memo
In June 2023, the U.S. Supreme Court found that Texas and Louisiana lacked Article III standing to challenge the 2021 Guidelines for the Enforcement of Civil Immigration Law memo.
State Courts Affect Applications for Special Immigrant Juvenile Status
AILA Law Journal author Madelyn Cox-Guerra shares a bit about her recent article which focused on state court treatment of families as it relates to children seeking Special Immigrant Juvenile Status; she hopes the article will spur more research and advocacy.
CA8 Says Petitioner’s Due Process Rights Were Not Violated When IJ Continued Her Case Instead of Terminating It
The court found that the petitioner was not prejudiced by the continuation of her case rather than its termination when the IJ determined that the petitioner’s humanitarian parole would not expire for another two months. (Brizuela v. Garland, 6/27/23)
CA9 Says Petitioner’s Misrepresentations About His Citizenship to Police Officers Did Not Render Him Inadmissible
The court held that the petitioner’s misrepresentations about his citizenship to police officers in order to avoid removal proceedings did not render him inadmissible, and thus he was not ineligible for adjustment of status under INA §212(a)(6)(C)(ii)(I). (Ramírez Muñoz v. Garland, 6/26/23)
CA4 Vacates Denial of Asylum to Salvadoran Petitioner Where BIA Erred in Nexus Analysis
The court held that, in focusing on the reason why the MS-13 gang targeted the petitioner’s family members rather than on why the gang would target him if he returned to El Salvador, the IJ and BIA applied the incorrect legal standard for the nexus analysis. (A.G. v. Garland, 6/23/23)
ICE Open Forum at 2023 AILA Annual Conference
AILA shares a recording of the ICE Open Forum at the 2023 AILA Annual Conference and Webcast on Immigration Law in Orlando, FL.
Supreme Court Upholds President Biden’s Immigration Enforcement Plan
The U.S. Supreme Court found that Texas and Louisiana lacked Article III standing to challenge the 2021 Guidelines for the Enforcement of Civil Immigration Law memo. (United States v. Texas, 6/23/23)
SCOTUS: Biden Administration ICE Guidelines Withstand States’ Challenge
AILA welcomed the SCOTUS decision in U.S. v. Texas which upholds the prerogative of the executive branch to set agency guidelines; AILA President Farshad Owji called the decision a clear message, adding “The states that attempted to derail this commonsense approach were in the wrong.”
Advocacy Groups File Lawsuit Challenging Asylum Bar’s Changes to Expedited Removal Procedures
Several advocacy groups filed a lawsuit in the U.S. District Court for the District of Columbia on behalf of asylum seekers challenging the government’s asylum eligibility bar, “Circumvention of Lawful Pathways.” (M.A., et al. v. Jaddou, et al., 6/23/23)
EOIR Open Forum at 2023 AILA Annual Conference
AILA’s EOIR Liaison Committee provides key takeways from the EOIR Open Forum at the 2023 AILA Annual Conference.
Supreme Court Says Offense “Relating to Obstruction of Justice” Under INA §101(a)(43)(S) Does Not Require Pending Investigation
The U.S. Supreme Court ruled that an offense may “relat[e] to obstruction of justice” under INA §101(a)(43)(S) even if the offense does not require that an investigation or proceeding be pending. (Pugin v. Garland, 6/22/23)
CA10 Finds That IJ and BIA Did Not Err in Invoking Frivolous-Asylum Bar in Same Proceeding as Frivolousness Finding
The court rejected the petitioner’s argument that the IJ erred in making a frivolousness finding as to the petitioner’s asylum application and invoking the statutory frivolous bar outlined in INA §208(d)(6) in the same proceeding. (Farnum v. Garland, 6/21/23)
CA8 Upholds Denial of Asylum to Citizen of Burkina Faso Who Feared Harm Based on His Political Opinions
The court held that because the IJ identified specific, cogent reasons to disbelieve the testimony of the petitioner, a citizen of Burkina Faso who feared harm due to his political opinions, sufficient evidence supported the IJ’s adverse credibility determination. (Zongo v. Garland, 6/16/23)