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
AILA Applauds House Access-to-Counsel Legislation
AILA applauds the introduction of the “Funding Attorneys for Indigent Removal (FAIR) Proceedings Act” in the House of Representatives, an effort led by Rep. Donald McEachin (D-VA) and Immigration Subcommittee Chair Zoe Lofgren (D-CA).
The Clearly Uneven Vetting of U.S. Visa Applicants from Iran
AILA members Roujin Mozaffarimehr and Ally Bolour urge the Biden administration to address the clearly uneven vetting of Iranian nationals seeking to immigrate to the U.S. as worldwide attention focuses on the continued protests and upheaval in Iran.
Our “Candidate” is Immigration: 2022 Election Results Recap
In this blog post, AILA's Greg Chen and Sofia Rosales-Zeledon walk us through a recap of the 2022 midterm election results as they stand on November 9, 2022 with a focus on immigration as a campaign issue, and what opportunities there may be for immigration reform.
CA7 Finds That BIA’s Application of Matter of Thomas & Thompson in Petitioner’s Case Was Impermissibly Retroactive
The court held that because all but one of the Velásquez-García factors weighed against retroactive application of Matter of Thomas & Thompson in the petitioner’s case, applying the new rule to her would be manifestly unjust. (Zaragoza v. Garland, 11/8/22)
EOIR 30-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-44
EOIR 30-day notice and request for comments on proposed revisions to Form EOIR-44, Immigration Practitioner Complaint Form. Comments are due 12/7/22. (87 FR 67071, 11/7/22)
EOIR 30-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-31
EOIR 30-day notice-and-comment period for proposed revisions to Form EOIR-31, which allows an organization to request, renew, and extend recognition of the organization to appear before EOIR and/or DHS. Comments are due by 12/7/22. (87 FR 67071, 11/7/22)
CA1 Says BIA Erred in Finding Petitioner Received Notice Required Under INA §239(a) to Be Ordered Removed in Absentia
The court held that neither the document served on the petitioner that charged him with removability, nor the subsequent document he was sent stating the date and time of his removal proceedings, constituted the written notice required under INA §239(a). (Laparra-Deleon v. Garland, 11/4/22)
AILA Signs onto Letter Expressing Disappointment on the Explicit Exclusion of Many Immigrants on Criminal Policy Reforms
AILA and partners urged President Biden to extend pardon of federal convictions for marijuana possession to all immigrants, regardless of immigration status, and to take necessary steps to ensure that immigrants do not suffer negative immigration consequences from marijuana convictions.
Members of Congress Send Letter to DHS on Access to Counsel
Members of Congress sent a letter to DHS Secretary Mayorkas urging ICE to ensure that immigrants can access their legal representation in detention and makes recommendations on facility improvements.
DHS Begins Limited Implementation of DACA Final Rule
On 10/31/22, DHS began limited implementation of the DACA final rule. USCIS will continue to accept and process applications for deferred action, work authorization, and advance parole for current DACA recipients. Due to litigation, USCIS will accept but cannot process initial DACA requests.
EOIR 30-Day Notice and Request for Comments on Proposed Revisions to Forms EOIR-42A and EOIR-42B
EOIR 30-day notice and request for comments on proposed revisions to Form EOIR-42A and Form EOIR-42B. Comments are due 12/5/22. (87 FR 66326, 11/3/22)
AILA Policy Brief: Case Management: An Effective and Humane Alternative to Detention
AILA summarizes current DHS alternative to detention options and urges Congress to fund a new approach. Case management programs are a more humane and effective approach to obtaining compliance with immigration requirements while also helping migrants navigate complex removal proceedings.
CA2 Finds That BIA Properly Applied De Novo Review to IJ’s Request for Corroborating Evidence
The court held that the BIA properly applied de novo review to the IJ’s request for corroborating evidence and properly reviewed for clear error the IJ’s finding that petitioner failed to produce the requested evidence that he reasonably could have obtained. (Pinel-Gomez v. Garland, 11/2/22)
CA8 Upholds BIA’s Denial of Motion to Reconsider After Finding Petitioners Waived Challenge to IJ’s Past Persecution Determination
Upholding BIA’s denial of the motion to reconsider, the court held that petitioners failed to challenge the determinative issue of whether the Salvadoran government had inflicted or acquiesced in their persecution, and thus their claims for relief failed. (Coreas-Chavez v. Garland, 11/1/22)
CA2 Upholds BIA’s Denial of Asylum as to Ecuadorian Petitioner of Quechua Ethnicity
Denying the petition for review, the court held that the BIA did not err in denying petitioner’s withholding of removal claim when it required him to demonstrate that his Quechua ethnicity was at least one central reason motivating his claimed persecution. (Quituizaca v. Garland, 11/1/22)
CA4 Says Death Threats Asylum Applicant Received Were Due to Her Perceived Ownership of Land and Not Familial Relationship
The court held that substantial evidence supported the BIA’s finding that Honduran drug traffickers targeted petitioner because of her perceived ownership claim to the land of her deceased husband, rather than because of her familial relationship to him. (Madrid-Montoya v. Garland, 10/31/22)
CA9 Says Petitioner’s Conviction in California for Assault with a Deadly Weapon Was for a Particularly Serious Crime
Denying the petition for review, the court held that the BIA did not err in determining that petitioner’s California conviction for assault with a deadly weapon was for a particularly serious crime, making him ineligible for asylum and withholding of removal. (Hernandez v. Garland, 10/31/22)
EOIR Announces 32 New Immigration Judges
EOIR announced the appointment of 32 immigration judges to courts in California, Florida, Georgia, Illinois, Maryland, New York, Tennessee, Texas, and Virginia.
CA5 Holds That BIA Erred by Failing to Consider Petitioner’s Evidence of Changed Country Conditions in Cameroon
The court granted the petition for review and remanded for further consideration of the petitioner’s Convention Against Torture (CAT) claim, finding that the BIA had failed to consider the petitioner’s evidence of changed country conditions in Cameroon. (Ndifon v. Garland, 10/4/22)
Practice Alert: District Court Extends Existing Injunction to DACA Regulations
On 8/30/22, USCIS published a final rule codifying DACA. On 10/14/22, the Southern District of Texas issued an order partially blocking these regulations from going into effect but allowing USCIS to continue adjudicating DACA renewal applications.
What Is Needed for a Motion to Substitute?
If an attorney is taking over representation of a client in removal proceedings from another attorney, a motion to substitute is needed. This tutorial will explain what is needed in a motion to substitute.
Speaker: Ben Crouse
What Is Needed for a Motion to Withdraw?
If an attorney cannot continue representation of a client in removal proceedings, a motion to withdraw is needed or else the attorney will be liable for not continuing with the representation. This tutorial will explain what is needed for a motion to withdraw.
Speaker: Ben Crouse
When Can the 212(d)(3) Waiver Be Used?
This video will explore in what circumstances the 212(d)(3) waiver can be used.
Speaker: Camiel Becker
AILA Provides Minutes and Key Takeaways from Fall Meeting with ICE
AILA’s ICE Liaison Committee provided the minutes and key takeaways from its 10/25/22 meeting with ICE. Topics include prosecutorial discretion, notices to appear, I-551 and Form I-485 issues, biometrics, Webex and physical appearances, and more.
CA5 Upholds Denial of Asylum to Petitioner Whose Proposed Social Group Consisted of Being a Family Member of Her Uncle
Where petitioner sought asylum based on membership in a proposed social group consisting of being a family member of her uncle, the court found there was no factual nexus between her proposed group and the alleged harm she had experienced in El Salvador. (Guevara-Fabian v. Garland, 10/25/22)