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 Alert: Changes to Virtual Service in Recent EOIR Policy Manual Updates
EOIR issued changes to the immigration court practice manual that have significant implications on service of OPLA.
EOIR Rescinds Memo on Language Access in Immigration Court
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-20 rescinding and canceling the 6/6/23 Director’s Memorandum (DM) 23-02, which provided guidance to IJs regarding language access issues in immigration court proceedings.
CA8 Upholds Denial of Asylum Where Petitioners’ Persecutor Was Later Murdered
The court upheld the BIA’s denial of asylum as to the mother and daughter petitioners from Mexico, where the mother had experienced while pregnant a physical assault by her cousin, who was later murdered, but no harm had come to her daughter in utero. (Becerril-Sanchez v. Bondi, 2/6/25)
DOJ Issues Memo on Policy Regarding Charging, Plea Negotiations, and Sentencing
The Attorney General issued a memo outlining DOJ's general policy on charging decisions, plea bargaining, sentencing, and investigative and charging priorities, including immigration enforcement priorities.
DOJ Issues Memo on Sanctuary Jurisdiction Directives
Attorney General Pamela Bondi issued a memo on sanctuary jurisdiction directives, stating that sanctuary jurisdictions should not receive access to federal grants administered by the DOJ, among other things.
EOIR Issues Memo on Re-Establishing a Robust Anti-Fraud Program
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-19 stating that EOIR is committed to re-establishing a robust and effective Anti-Fraud Program that will provide resources to employees on how to identify and report suspected fraud, coordinate with investigative authorities, and more.
Featured Issue: Practicing under the New Trump Administration
This page curates resources from AILA and other organizations that members may find helpful as they adapt to practicing under the new Trump Administration.
2025 AILA Annual Conference and Webcast on Immigration Law
Registration is now open for the 2025 AILA Annual Conference and Webcast on Immigration Law. Join thousands of immigration attorneys, professors, paralegals, students, and special guests on June 18-21 in Denver, CO, as we recharge our spirits, hone our skills, and strengthen our community.
CA4 Holds That BIA Failed to Consider Relevant Evidence in Finding Petitioner Could Relocate in Honduras
The court held that the BIA ignored legally relevant evidence when it reversed the IJ’s decision granting deferral of removal under the Convention Against Torture (CAT) after determining that petitioner had failed to prove he could relocate safely in Honduras. (Funez-Ortiz v. McHenry, 2/4/25)
EOIR Reinstates Memo on Legal Advocacy by Non-Representatives in Immigration Court
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-18 rescinding the 5/5/22 Director’s Memorandum (DM) 22-06 and reinstating the 11/21/19 PM 20-05, which reaffirms principles related to legal advocacy by non-representatives in immigration court proceedings.
Executive Order on Additional Measures to Combat Anti-Semitism
On 1/29/25, President Trump issued Executive Order (EO) 14188 that, among other actions, directs certain heads of agencies to include in reports to the president recommendations to familiarize colleges and universities with the grounds for inadmissibility under INA §212(a)(3). (90 FR 8847, 2/3/25)
EOIR Rescinds Memo Providing Guidance on Enforcement Priorities and Prosecutorial Discretion
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-16 that rescinds the 9/28/23 Director’s Memorandum (DM) 23-04, which provided guidance to EOIR adjudicators on DHS enforcement priorities and prosecutorial discretion initiatives.
EOIR Reinstates Policy Memos with Guidance on Asylum Applications and Continuances
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-17 rescinding and canceling Director’s Memorandum (DM) 22-05 and reinstating Policy Memoranda (PM) 19-05, 21-06, and 21-13, which provide guidance on the processing and adjudication of asylum applications and on continuances.
Featured Issue: Representing Clients Before ICE
This resource page combines AILA and partner resources for attorneys representing clients before ICE. Includes contact information and website links to procedures and policies related to ICE’s operations.
BIA Holds That Respondent’s Texas Convictions for Aggravated Assault and Failure to Stop and Give Aid Were Separate Schemes of Misconduct
The BIA held that two crimes involving moral turpitude, premised on separate turpitudinous acts with different goals, neither of which was committed in the course of accomplishing the other, constitute separate schemes of criminal misconduct. Matter of Baeza-Galindo, 29 I&N Dec. 1 (BIA 2025)
EOIR Issues Memo Reinstating Prior Guidance on Child Advocates in Immigration Proceedings
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-14, rescinding a 2023 Director’s Memorandum (DM) that directed IJs to accept certain filings as evidence and to allow certain witnesses to testify, and reinstating the 11/15/19 PM 20-03, “Child Advocates in Immigration Proceedings.”
EOIR Issues Memo on Office of Legal Access Programs
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-15 to clarify questions regarding the status and function of EOIR’s Office of Legal Access Programs (OLAP), including information on the Legal Orientation Program (LOP).
TRO Leads to Restart of Critical Legal Access Programs
On January 31, 2025, a U.S. District Court temporarily restarted legal access programs that were halted by the DOJ. The programs provide legal services to vulnerable populations, including children, families, and detained adults. Last week, AILA members asked Congress to urge these programs restart.
ICE Releases Memo on Enforcement Actions in or Near Protected Areas
ICE Acting Director Caleb Vitello issued a memo, “Common Sense Enforcement Actions in or Near Protected Areas,” stating that DHS will not be issuing bright line rules on where immigration laws are allowed to be exercised, but instead will issue guidance on exercising enforcement discretion.
Documents Relating to Flores v. Reno Settlement Agreement on Minors in Immigration Custody
Chief U.S. District Judge Dolly M. Gee extended the Juvenile Care Monitor’s term by six months, from 12/27/24 until 6/27/25, and extended the termination date of the 2022 Settlement Agreement by 18 months, from 1/29/25 until 7/29/26. (Flores, et al. v. McHenry, et al., 1/30/25)
ICE Issues Guidance on Enforcement Actions Involving Beneficiaries of Victim-Based Immigration Benefits
ICE Acting Director Caleb Vitello issued a policy directive (ICE Directive 11005.4) providing interim guidance on civil immigration enforcement actions involving current or potential beneficiaries of victim-based immigration benefits. The guidance is effective immediately.
ICE Releases Memo on Suspension of the 287(g) Program Advisory Board
ICE Acting Director Caleb Vitello issued a memo suspending the 287(g) Program Advisory Board (PAB) and its governance structure effective immediately. The memo states that this will allow ICE to enter into agreements with state and local law enforcement agencies under INA §287(g) in a timely manner.
EOIR 30-Day Notice and Extension of Comment Period on Form EOIR-40
EOIR 30-day notice and extension of the comment period on proposed revisions to Form EOIR-40, Application for Suspension of Deportation, originally announced at 89 FR 91786 on 11/20/24. Comments are now due 3/3/25. (90 FR 8535, 1/30/25)
EOIR Reinstates Memo on Biennial Fee Reviews, Fees, and Fee Waivers
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-12 rescinding and canceling the 6/7/21 PM 21-24 and reinstating the 12/18/20 PM 21-10, entitled “Fees,” which memorialized and updated EOIR policy regarding biennial fee reviews, fees, and fee waivers.
Executive Order on U.S. Border Security
On 1/20/25, President Trump issued Executive Order (EO) 14165 that calls for a number of DHS and DOD measures, including physical barriers; increased border personnel; expanded detention; Remain in Mexico policies; ceasing use of CBP One; terminating parole programs; and more. (90 FR 8467, 1/30/25)