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 OIG Finds Violations of ICE Detention Standards at Folkston ICE Processing Center and Folkston Annex
DHS OIG found that while ICE’s Folkston detention facilities complied with several detainee standards, it did not meet standards for facility conditions, medical care, grievances, segregation, staff-detainee communications, and handling of detainee property.
CA3 Says It Has Jurisdiction Where DHS’s Expedited Removal Procedures Did Not Allow Petitioner to Challenge Legal Basis for Removal
The court held that it had jurisdiction to consider in the first instance the petitioner’s challenge to the agency’s determination that his Pennsylvania conviction for receiving stolen property was an aggravated felony, and then found that it was. (Barradas-Jacome v. Att’y Gen., 6/30/22)
CA4 Finds Venue Was Proper Because the IJ Had Completed Proceedings in Virginia
The court held that a petition for review may be filed in the Fourth Circuit in any case that was decided by an IJ sitting at an immigration adjudication center in Richmond or Falls Church, Virginia, but denied the petition for review on the merits. (Herrera-Alcala v. Garland, 6/30/22)
U.S. Supreme Court Affirms the Biden Administration’s Authority to End MPP
AILA welcomed the U.S. Supreme Court’s 5-4 decision in Biden v. Texas, which affirmed the Biden Administration’s authority to end the ‘Remain in Mexico’ policy, officially known as the Migrant Protection Protocols (MPP).
BIA Finds an IJ May Rely on Impeachment Evidence
The BIA found that an IJ may rely on impeachment evidence as part of a credibility determination where the evidence is probative and its admission is not fundamentally unfair, and the witness is able to respond to that evidence. Matter of E-F-N-, 28 I&N Dec. 591 (BIA 2022)
CA5 Upholds Denial of Motion to Reopen to Chinese Christians in Indonesia Pursuant to INA §240(c)(7)(C)(ii)
Where the BIA had denied petitioners’ motion to reopen after finding they had not demonstrated changed country conditions in Indonesia, the court denied the petition for review, finding that petitioners’ claims were number-barred under INA §240(c)(7)(C)(ii). (Djie, et al. v. Garland, 6/29/22)
CA2 Says Dual National Need Only Show Persecution in Any Singular Country of Nationality to Be Considered a “Refugee”
The court granted the petition for review, holding that to qualify as a “refugee” under INA §101(a)(42)(A), a dual national asylum applicant need only show persecution in any singular country of nationality. (Zepeda-Lopez, et al. v. Garland, 6/28/22)
CA9 Says Cancellation of Removal Under NACARA §203 Is a Cancellation of Removal Under INA §240A
Denying the petition for review, the court held that a grant of special rule cancellation of removal under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA) qualifies as a cancellation of removal under INA §240A. (Hernandez v. Garland, 6/27/22)
ICE 60-Day Notice and Request for Comments on Proposed Revisions to Form I-352
ICE 60-day notice and request for comments on proposed revisions to Form I-352, Immigration Bond. Comments are due 8/23/22. (87 FR 37882, 6/24/22)
USCIS Issues Policy Alert on Inadmissibility Under Section 212(a)(9)(b) of the INA
USCIS issued policy guidance whereby a noncitizen who again seeks admission more than 3 or 10 years after departure or removal is not inadmissible under INA 212(a)(9)(B), even if the noncitizen returned to the U.S., with or without authorization, during the statutory 3-year or 10-year period.
BIA Agrees with Pierre-Paul v. Barr and Applies to MTRs
The BIA found that a respondent who raises an objection to missing time or place information in a notice to appear for the first time in a motion to reopen has forfeited that objection. Matter of Nchifor, 28 I&N Dec. 585 (BIA 2022)
CA9 Grants Petition for Panel Rehearing and Withdraws Prior Opinion in Etemadi v. Garland
The court granted the petition for panel rehearing and withdrew its 9/9/21 opinion, which held that the law-of-the-case doctrine did not require it to accept a prior Ninth Circuit panel’s determination that the petitioner was not a Christian. (Etemadi v. Garland, 6/23/22)
What to Make of This Mess? How Successor Counsel Ethically Rights a Wonky Case
When it appears that prior counsel may have violated Rules of Professional Conduct and provided ineffective assistance to a client during removal proceedings, this can raise ethics questions for successor counsel. Find answers to these questions in this helpful ethics article by Matthew Blaisdell.
CA5 Finds No Error in BIA’s Denial of CAT Claim on Remand to Bisexual Christian Petitioner from Libya
Where the court had remanded to the BIA for the limited purpose of addressing the petitioner’s Convention Against Torture (CAT) claim, the court denied the petition for review of the BIA’s subsequent denial of that claim, finding that there was no error. (Abushagif v. Garland, 6/22/22)
GAO Provides Report on the ATD Program
GAO reviewed ICE’s alternatives to detention (ADT) program, with focus on ICE management and oversight and participation in the ATD program. GAO issued ten recommendations, including that ICE establish performance goals, ensure collection of necessary information, and more.
DOJ OIG Releases Report Examining EOIR’s Use of Video Teleconferencing for Immigration Hearings
DOJ OIG reviewed EOIR’s use of video conferencing for immigration hearings. The report evaluates the general audio and video experience, identifies consequent challenges to respondents understanding the process, addresses limitations to the process, and more.
AILA’s 2022 Annual Conference: ICE Open Forum
Watch the ICE Open Forum from AILA’s 2022 AILA Annual Conference on Immigration Law.
CA8 Rejects Petitioner’s Due Process Challenge Where She Was Unable to Show That IJ Made a Fundamental Procedural Error
The court rejected the petitioner’s claim that the IJ had violated her due process rights, and thus concluded that the petitioner’s admission of the charges against her and her concession of removability could be admitted at a subsequent hearing. (Holmes v. Garland, 6/17/22)
Key Takeaways: EOIR Open Forum at AILA’s 2022 Annual Conference
AILA provides key takeaways from the 6/17/22 Open Forum panel with EOIR at the 2022 Annual Conference. Special thanks to the AILA EOIR Liaison Committee.
CA7 Holds That Petitioner’s Conviction for Dealing Methamphetamine in Indiana Was Not an Aggravated Felony
Granting the petition for review, the court held that the petitioner’s conviction in Indiana for one count of dealing methamphetamine was not an aggravated felony for purposes of removal because the statute of his conviction was facially overbroad. (Aguirre-Zuniga v. Garland, 6/16/22)
CA9 Holds That BIA May Rely on Certain Previous Adverse Credibility Determinations to Deny Motion to Reopen
The court held that the BIA may rely on a previous adverse credibility determination to deny a motion to reopen if that earlier finding still factually undermines the petitioner’s new argument. (Greenwood v. Garland, 6/16/22)
Ten Years Later – Where are Permanent Protections for DREAMers?
Today, AILA celebrates 10 years since the creation of the Deferred Action for Childhood Arrivals (DACA) initiative but calls on Congress to pass permanent protections; AILA Executive Director Ben Johnson notes, “Congress’ inaction on this issue is a moral and political failure.”
BIA Found Deferred Adjudication for Felony Battery Was a Particularly Serious Crime
The BIA dismissed the appeal after finding that the Immigration Judge properly concluded that his deferred adjudication for felony battery under Florida law rendered him “convicted by a final judgment of a particularly serious crime”. Matter of D-L-S-, 28 I&N Dec. 568 (BIA 2022)
CA7 Upholds Deferral of Removal Denial to Petitioner Who Feared He Would Be Killed by a Cartel in Mexico
The court held that substantial evidence supported the BIA’s affirmance of the IJ’s adverse credibility determination as to the petitioner, a Mexican national who claimed he would be killed by a cartel in Mexico and that the police would not protect him. (Cabrera-Ruiz v. Garland, 6/14/22)
CA1 Reverses Denial of CAT Claim as to Dominican Petitioner Who Claimed He Had Been Abused by Police Officers
Granting the petition for review, the court found that the BIA had erred in upholding the IJ’s adverse credibility determination as to the Dominican petitioner, because the petitioner’s testimony regarding his abuse was not inconsistent. (Reyes Pujols v. Garland, 6/14/22)