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
Practice Pointer: Pretermission of Asylum Applications: New Case Law and Policy Developments
Practice pointer on new threats to due process regarding expanding efforts to pretermit asylum claims without hearings—citing new BIA precedent and policy targeting Central/South Americans.
Attorney General Reinstates Matter of Negusie, Reaffirming No Duress Exception to Persecutor Bar
The AG vacated the stay of the BIA’s 2021 order and reinstated Matter of Negusie, which held that the bar to asylum eligibility for noncitizens who have engaged or assisted in the persecution of another does not contain a duress exception. Matter of Negusie, 29 I&N Dec. 285 (A.G. 2025)
Take Action: Protect Families and Stop the Administration’s Abuse of Immigration Courts
The Administration is undermining the integrity of the U.S. immigration courts by prioritizing speed and enforcement over fairness and accuracy. Use AILA’s Advocacy Tool to demand Congress to stop the Administration’s Abuse of Immigration Courts.
Featured Issue: National Security-based Immigration Enforcement
Since taking office, the Trump Administration has weaponized alleged threats to national security to justify sweeping and punitive immigration enforcement actions. This page will track recent updates and news related to these actions.
Call for Examples: Defending Asylum - Collecting Stories for Advocacy (including Dismissals and Pretermissions)
AILA is collecting stories and data of asylum seekers who have been harmed or deeply impacted by changes in policy. We are particularly focused on people whose claims have been dismissed or pretermitted in either USCIS or immigration courts since 1/22/25.
CA6 Upholds Denial of Motion to Reopen Where Petitioner Failed to Establish Prima Facie Eligibility for Voluntary Departure
The court held that the BIA did not err in denying the petitioner’s motion to reopen to seek voluntary departure, finding that he failed to provide sufficient evidence to establish a prima facie case that he had the means to depart to Guatemala. (Pastor-Hernandez v. Bondi, 10/17/25)
Policy Brief: Critical Threats Endanger Due Process in Immigration Courts
Recent policy changes made to the immigration courts prioritize speed and enforcement over fairness, efficiency, and accuracy. These decisions raise critical due process concerns and produce fewer safeguards to error. This brief overviews these policy changes and recommendations for improvement.
CA9 Upholds IJ’s Adverse Credibility Finding Where Petitioner’s Marriage Fraud Was Not Central to His Asylum Claim
The court held that substantial evidence supported IJ’s adverse credibility finding based on petitioner’s marriage fraud to obtain immigration status, which, although not directly related to his persecution claim, was sufficient for the IJ to find him not credible. (Ani v. Bondi, 10/16/25)
Declarations for Unaccompanied Minors Accepting Voluntary Departure
Federal agencies are asking unaccompanied children to sign a form declaration that waives various rights and legal protections as a condition of accepting voluntary departure. AILA has obtained and transcribed two versions of this form.
CA10 Remands for Reinstatement of IJ’s Asylum Grant Where BIA Misapplied Clear-Error Standard of Review
The court held that the BIA misapplied the clear-error standard in 8 CFR §1003.1(d)(3)(i) when evaluating the IJ’s factual findings on nexus, internal relocation, and the Honduran government’s ability and willingness to protect the petitioner. (Ramos, et al. v. Bondi, 10/15/25)
Client Flyers
AILA offers concise educational flyers for members to share with their clients or prospective clients to inform them about a wide range of pertinent immigration law issues. Customizable versions are available.
BIA Reverses IJ’s Favorable Exercise of Discretion as to Respondent Who Had Engaged in Systematic Criminal Fraud
The BIA found the IJ erred in holding that respondent, who engaged in systemic criminal fraud for decades, warranted a favorable exercise of discretion for cancellation purposes based on his recent remorse and rehabilitative efforts while in prison. Matter of Kim, 29 I&N Dec. 339 (BIA 2025)
CA7 Finds That BIA Properly Declined to Exercise Jurisdiction over Petitioners’ Appeal
Denying the petitioners’ challenge to the BIA’s summary dismissal of their appeal, the court agreed that the BIA lacked jurisdiction to review the appeal because the petitioners did not first move to reopen their case with the IJ. (Vergara Castellar, et al. v. Bondi, 10/8/25)
BIA Holds That IJs Are Not Required to Accept Party Stipulations in Making Findings of Fact and Conclusions
The BIA held that, in making findings of fact and conclusions of law, IJs exercise independent judgment and are not required to accept party stipulations. Matter of J–H–M–H–, 29 I&N Dec. 278 (BIA 2025)
EOIR Announces New Director
EOIR announced that Daren K. Margolin has been selected to serve as EOIR Director.
CA10 Upholds Denial of Asylum to Colombian Petitioners Who Alleged Persecution Based on Political Opinion
The court held that substantial evidence supported the BIA’s denial of asylum, finding that there was no past persecution, nexus to political opinion, or government unwillingness to protect, and concluding that safe relocation was possible within Colombia. (Jimenez, et al. v. Bondi, 10/7/25)
District Court Blocks ICE from Detaining Unaccompanied Minors Once They Turn 18
The U.S. District Court for the District of Columbia granted an emergency motion to enforce the 2021 court ruling that prevents ICE from illegally locking up UACs in adult detention centers once they turn 18. (Garcia Ramirez, et al. v. ICE, et al., 10/4/25)
Call for Examples: Immigrant (EB-5) Investors in Receipt of NTAs
AILA’s EB-5 Committee is seeking specific examples of NTAs issued to immigrant investors and their family members.
CA1 Remands Adjustment Claim Where BIA Failed to Apply Corroboration Requirement Before Giving Substantial Weight to Police Reports
The court held that the BIA violated its own precedent by giving substantial weight to police reports from the Haitian petitioner’s arrests that did not result in convictions without corroborating evidence, and thus remanded his claim for adjustment of status. (Maurice v. Bondi, 10/2/25)
CA2 Remands CAT Claim of Salvadoran Petitioner Where BIA Provided Insufficient Justification for Clear Error Finding
Granting the petition for review and remanding, the court held that the BIA failed to provide sufficient justification for its conclusion that the IJ committed clear error in granting Convention Against Torture (CAT) relief to the Salvadoran petitioner. (Villalta Martinez v. Bondi, 10/8/25)
Client Flyer: What Happens During a Government Shutdown?
AILA provides an easy flyer for you to share with your clients to help them understand what happens to immigration-related agencies during a government shutdown.
CA3 Remands Where BIA Misapplied Particularly Serious Crime Test and Failed to Address CAT and Waiver Claims
The court found that BIA misapplied the particularly serious crime framework for petitioner’s asylum and withholding claims, failed to properly assess his Convention Against Torture (CAT) claim, and failed to inform him of eligibility for an INA §212(h) waiver. (Amos v. Att’y Gen., 10/1/25)
CA9 Remands Mexican Petitioner's CAT Claim Where BIA Failed to Consider Expert Testimony and Country Conditions
The court held that the BIA failed to give reasoned consideration to extensive expert testimony and country-conditions evidence regarding the risk of torture to the Mexican petitioner, and thus remanded petitioner’s Convention Against Torture (CAT) claim. (Uc Encarnacion v. Bondi, 9/30/25)
DOJ Publishes FY 2026 Shutdown Contingency Plan
DOJ published a contingency plan for DOJ operations in case of a lapse in appropriations. For EOIR, the plan states that cases “involving detained respondents” will move forward during the shutdown. It does not address non-detained dockets.
CA10 Remands Where BIA Incorrectly Treated Petitioner’s Asylum Appeal as Waived
The court denied the petition for review as to cancellation of removal, but found that the BIA abused its discretion by treating the petitioner’s asylum appeal as waived, and thus remanded for the BIA to address the merits of the petitioner’s asylum appeal. (Rangel-Fuentes v. Bondi, 9/29/25)