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
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 4/1/23 and ending 6/30/23, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. (88 FR 20945, 4/7/23)
ICE Announces Online Tool for Noncitizens to Provide Change of Address
ICE announced an online change-of-address form for noncitizens that will give individuals the option to update their information online in addition to the existing options of doing so by phone or in-person.
CA11 Holds That Petitioner Had No Protected Liberty Interest in Discretionary Cancellation of Removal
The court held that the petitioner did not have a constitutionally protected liberty interest in cancellation of removal, and found that it lacked jurisdiction under INA §242(a)(2)(B)(i) to review the petitioner’s ineffective assistance of counsel claim. (Ponce Flores v. Att’y Gen., 4/5/23)
CA5 Finds It Lacks Subject-Matter Jurisdiction to Review Status-Adjustment Decisions by USCIS
The court held that status-adjustment decisions made by USCIS outside the context of removal proceedings are not final agency actions reviewable under the Administrative Procedure Act, nor are they final removal actions reviewable per the INA. (Elldakli, et al. v. Garland, et al., 4/4/23)
CA1 Finds BIA Did Not Err in Determining That Petitioner’s Brazilian Conviction Rendered Him Ineligible for Asylum and Other Relief
The court held that substantial evidence supported the BIA’s determination that the petitioner’s Brazilian conviction, which carried a sentence of more than seven years, constituted both an aggravated felony and a particularly serious crime. (Andrade-Prado, Jr. v. Garland, 4/4/23)
CA9 Upholds BIA’s Denial of Petitioner’s Second Motion to Reopen and Denies Parties’ Joint Request to Refer Case to Mediation
The court upheld the BIA’s denial of petitioner’s untimely and numerically barred second motion to reopen, and denied the parties’ joint request to send the case to mediation in order to put the appeal into abeyance while petitioner pursued other forms of relief. (Ayanian v. Garland, 4/3/23)
CA2 Affirms Denial of Petitioner’s Request for Administrative Closure Despite Agency’s Reliance on Subsequently Overturned Decision
The court held that an agency does not abuse its discretion by relying on an interpretation of its regulations that is controlling at the time of the agency’s decision—even if it subsequently revises that interpretation—as long as the interpretation is reasonable. (Garcia v. Garland, 3/31/23)
CA9 Finds Conviction for Second-Degree Robbery in Washington Is an Aggravated Felony Under INA §101(a)(43)(G)
Denying the petition for review, the en banc court held that second-degree robbery under Washington law is a categorical match with generic theft and thus that the petitioner had been convicted of an aggravated felony under INA §101(a)(43)(G). (Alfred v. Garland, 3/30/23)
CA9 Concludes Government Proved That Conspiracy to Which Petitioner Pleaded Guilty Involved More Than $10,000 in Losses to Victims
The court held that the government proved that the petitioner’s conspiracy conviction involved losses exceeding $10,000, and that the petitioner was thus removable for having been convicted of an aggravated felony under INA §101(a)(43)(M)(i), (U). (Khalulyan v. Garland, 3/30/23)
CA6 Says BIA Abused Its Discretion in Affirming Petitioner’s Removability Despite DHS’s Failure to Satisfy Evidentiary Burden
Where petitioner pled guilty in Michigan to failing to return rental property and was ordered to pay over $10,000 in restitution, the court held that DHS did not meet its burden of proving by clear and convincing evidence that the actual loss exceeded $10,000. (Al-Adily v. Garland, 3/30/23)
Featured Issue: Protecting Dreamers
Resources on legislative and administrative efforts to protect Dreamers, as well as litigation challenging the DACA program.
Featured Issue: A Path to Citizenship for People Who Are Undocumented or Lack Permanent Status
Overwhelmingly, Americans support a path to citizenship for unauthorized immigrants and people with temporary status. Take action now and tell Congress to ensure permanent status for these valued members of our community.
BIA Rules on Controlling Circuit Law in Immigration Court Proceedings for Choice of Law Purposes
The BIA held that, for choice of law purposes, the controlling circuit law in immigration court proceedings is the law governing the location of the immigration court where venue lies, and will change only if an IJ grants a motion to change venue. Matter of Garcia, 28 I&N Dec. 693 (BIA 2023)
USCIS 60-Day Notice and Request for Comment on Proposed Revisions to Form I-881
USCIS 60-day notice and request for comment on proposed revisions to Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Pub. L. 105–100, NACARA). Comments are due 5/22/23. (88 FR 17589, 3/23/23)
CA9 to Rehear En Banc De La Rosa-Rodriguez v. Garland
The court ordered rehearing en banc and vacated its prior decision in the case, which held that the court could review a question of law or a mixed question of law and fact in a challenge to a cancellation denial based on lack of hardship. (De La Rosa-Rodriguez v. Garland, 3/22/23)
AILA and Partners Submit an Amicus Brief to Supreme Court on Obstruction of Justice
AILA and partners submitted an amicus brief to the Supreme Court arguing that the obstruction of justice aggravated felony requires a nexus to a pending proceeding or investigation and the judgment of the U.S. Court of Appeals should be reversed and affirmed.
Why Finding Your Pro Bono Opportunity Can Help YOU
AILA's Practice and Professionalism Center highlights a few recent “Pro Bono High Fives,“ featuring AILA members, to inspire and encourage others to use their legal expertise to change lives, and maybe have some fun too!
DHS Provides a Privacy Impact Assessment for the Alternatives to Detention Program
DHS provides a Privacy Impact Assessment that describes how ICE’s Alternatives to Detention (ATD) programs operate in a manner that includes privacy and civil liberties safeguards in accordance with law, regulation, and policy.
CA9 Says OSC That Fails to Disclose Time and Place of Immigrant’s Deportation Hearing Triggers Stop-Time Rule
The court held that an Order to Show Cause (OSC) that fails to disclose the time and place of an immigrant’s deportation proceedings triggers the stop-time rule in a transitional rules case, and that petitioner was ineligible for suspension of deportation. (Gutierrez-Alm v. Garland, 3/15/23)
CA8 Finds It Lacks Jurisdiction to Review Agency’s Discretionary Hardship Determination
The court held that it lacked jurisdiction to review the BIA’s decision that petitioner failed to establish that his qualifying relatives would suffer exceptional and extreme hardship if he were removed and thus was ineligible for cancellation of removal. (Garcia-Pascual v. Garland, 3/14/23)
Free and Freeing: AILA’s Law Student Membership
AILA member Marisabel Alonso encourages all current law students interested in immigration law to take advantage of the many benefits of AILA's free law student membership and how those benefits can help them during law school and beyond as they become practitioners.
AILA Sends Letter to White House Opposing Family Detention
AILA sent a letter to President Biden expressing concern that his administration is considering reinstating family detention. AILA lays out alternative to solutions to addressing the need to process large numbers of individuals and urging the Administration to not reinstate family detention.
Client Flyer: ICE Directive on Interests of Noncitizen Parents and Guardians
AILA provides a short flyer to share with clients to answer questions about ICE’s directive on the interests of noncitizen parents and guardians of minor children and incapacitated adults. Two versions are available: a generic PDF version and a customizable Word version.
ICE Releases Documents on Matter of Cruz-Valdez
ICE released documents related to Matter of Cruz-Valdez, the SIJS class action re: bona fide determinations, Ms. L litgation, and more. Special thanks to a FOIA filed by Nico Ratkowski.
District Court Vacates Federal Government’s Parole+ATD Policy Under the APA
A federal judge has found that the Biden Administration is violating U.S. immigration law by authorizing the release of noncitizens using parole and alternatives to detention. The judgment is stayed for seven days. (Florida v. United States, 3/8/23)