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
DHS Notice of Availability of Draft Programmatic Environmental Assessment for Actions Related to MPP Program
DHS notice of availability of the Draft Programmatic Environmental Assessment (PEA) and Draft Finding of No Significant Impact (FONSI) for the proposed resumption of the Migrant Protection Protocols (MPP) program along the U.S. southern border. Comments are due by 5/27/25. (90 FR 17441, 4/25/25)
EOIR Issues Policy Memo Rescinding and Canceling OPPM on Change of Venue Requests
On 4/25/25, EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-30 rescinding and canceling the 1/17/18 Operating Policies and Procedures Memorandum (OPPM) 18-01, “Change of Venue,” which provided guidance to EOIR adjudicators regarding changes of venue in immigration court.
Practice Alert: DOGE Receives Access to ECAS Records
On April 21, 2025, the Washington Post reported that representatives from the U.S. Department of Government Efficiency (DOGE) received permission to access the Department of Justice (DOJ) EOIR Courts and Appeals System (ECAS).
CA1 Finds BIA Provided Insufficient Explanation for Denying Cancellation of Removal to Guatemalan Petitioners
The court held that the BIA failed to sufficiently explain its rationale for finding the Guatemalan petitioners did not make a prima facie showing that their removal would cause exceptional and extremely unusual hardship to their U.S.-citizen children. (Chanchavac Garcia v. Bondi, 4/24/25)
CA1 Upholds Agency’s Hardship Determination as to Guatemalan Petitioners with Four Children
The court found that the agency did not depart from binding precedent, properly considered relevant factors and evaluated them in the aggregate, and correctly applied the hardship standard in denying cancellation of removal to the Guatemalan petitioners. (Mendez Nolasco v. Bondi, 4/23/25)
CA6 Finds It Lacked Jurisdiction to Review BIA’s Lozada Prejudice Determination
The court held it lacked jurisdiction to review the BIA’s denial of a motion to reopen based on ineffective assistance where petitioner sought review of BIA’s lack-of-prejudice determination and the underlying claim involved the INA §237(a)(1)(H) discretionary waiver. (Zhou v. Bondi, 4/23/25)
CA9 Upholds Asylum Denial After Finding Petitioner Was Firmly Resettled in Chile Before Arriving in United States
The court upheld the BIA’s denial of asylum pursuant to the firm resettlement doctrine, finding there was direct evidence that the Chilean government made an offer of firm resettlement, and that petitioner failed to prove the bar did not apply or show an exception. (Oscar v. Bondi, 4/23/25)
DHS Draft Programmatic Environmental Assessment for Actions Related to MPP Program
DHS released a draft Programmatic Environmental Assessment for actions related to the Migrant Protection Protocols (MPP) program, outlining the purpose of and need for the proposed action, alternatives considered, the affected environment and environmental consequences, and more.
Supreme Court Says Voluntary Departure Deadlines Do Not Include Weekends or Holidays
The Supreme Court ruled that individuals with a self-deportation deadline that falls on a weekend or federal holiday may move to reopen their removal cases the following business day. (Monsalvo Velázquez v. Bondi, 4/22/25)
BIA Vacates IJ’s Order Granting CAT Protection to Former MS-13 Gang Member from El Salvador
The BIA held that the applicant, a former MS-13 gang member, failed to show a likelihood of torture in El Salvador based on the government’s state of exception policy, and thus did not meet his burden for Convention Against Torture (CAT) protection. Matter of A–A–R–, 29 I&N Dec. 38 (BIA 2025)
CA4 Holds That BIA Applied Wrong Standard for Deciding Petitioner’s Motion to Reopen
The court held that the BIA erred in finding that the petitioner, who was married after his removal proceedings began, was required to submit “clear and convincing evidence of the bona fides of the marriage” to reopen his proceedings to seek adjustment of status. (Hussen v. Bondi, 4/22/25)
Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in ensuring due process and fair hearings for people facing deportation. But the Trump Administration has made significant changes that challenge the integrity of these courts. On this page, you will find news and resources on these changes.
DHS Releases New Nationwide and International Ads on Self-Deportation and Undocumented Migration
DHS Secretary Noem announced new nationwide and international multimillion-dollar ads warning undocumented individuals to leave the United States or otherwise be fined nearly $1,000 per day, imprisoned, and removed.
Deaths at Adult Detention Centers
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
Update on Third Country Removals – Nationwide Class Certified and Preliminary Injunction Issued
Today, a federal court certified this nationwide class related to third-country removals in DVD v. DHS, litigated by NILA, NWIRP, and HRF.
EOIR Issues Policy Memo Rescinding and Canceling Director’s Memo on Administrative Closure
On 4/18/25, EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-29 rescinding and canceling the 11/22/21 Director’s Memorandum (DM) 22-03, “Administrative Closure,” which provided guidance on the use of administrative closure by EOIR adjudicators.
BIA Reverses Grant of CAT Protection to Russian Respondent After Finding IJ Applied Wrong Legal Standard
The BIA held that the IJ applied the wrong legal standard for protection under the Convention Against Torture (CAT) in determining that the respondent “could be” subject to torture instead of that he would “more likely than not” be tortured. Matter of N–N–B–, 29 I&N Dec. 79 (BIA 2025)
CA6 Holds District Courts Cannot Adjudicate Naturalization Applications under §336(b) Where Removal Proceedings Are Pending
The court affirmed a district court’s dismissal of plaintiff’s complaint, holding that INA §318 precludes district courts from considering naturalization applications under INA §336(b) while removal proceedings are simultaneously pending against the applicant. (Ebu v. USCIS, et al., 4/16/25)
ICE Delegates Customs Officer Authority to ERO Executive Associate Director
ICE Acting Director Todd M. Lyons issued a delegation order vesting the Executive Associate Director for Enforcement and Removal Operations with limited customs officer enforcement authority.
EOIR Publishes IFR on Reducing the Size of the BIA
EOIR published an interim final rule (IFR) with request for comments amending DOJ regulations relating to the organization of the BIA by reducing the size of the Board to 15 members. The IFR is effective as of 4/14/25, and comments are due by 5/14/25. (90 FR 15525, 4/14/25)
Practice Alert: EOIR Memo on Pretermission of Legally Insufficient Asylum Applications
On April 11, 2025, EOIR published a memo to allow immigration judges to “pretermit” or dismiss legally insufficient asylum applications without a hearing.
EOIR Actively Recruiting and Hiring Attorney Positions
EOIR is actively recruiting and hiring for attorney positions, including an Immigration Judge position (closing on 4/24/25).
New York Times: Pressuring Migrants to 'Self-Deport,' White House Moves to Cancel Social Security Numbers
The Trump Administration has revoked the temporary legal status of hundreds of thousands of immigrants allowed into the country under the Biden Administration. Now, to pressure some of those immigrants and others who had legal status to "self-deport," it is canceling the SSNs they lawfully obtained.
BIA Issues Ruling on PSG Analysis Based on “Former” Status
The BIA held that, where a particular social group (PSG) is defined by “former” status, IJs must ensure the persecutor’s conduct was based on a desire to overcome or animus toward respondent’s membership in a group defined by that status. Matter of O–A–R–G–, et al., 29 I&N Dec. 30 (BIA 2025)
EOIR Issues Policy Memo on Pretermission of Legally Insufficient Asylum Applications
On 4/11/25, EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-28 to provide guidance on the legal standards related to the pretermission of a legally insufficient application for asylum.