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
New ICE Guidelines for Its Attorneys Prioritize Prosecutorial Discretion
AILA welcomed the recent memo from ICE Principal Legal Advisor Kerry Doyle directing prosecutors “to use their discretion to look for opportunities to resolve cases promptly and in the interest of justice for all parties involved.” The memo will take effect April 25, 2022.
CA7 Fines Attorney Who Failed to Pay Docketing Fee or Submit in Forma Pauperis Motion on Client’s Behalf
The court dismissed the petition for review for failure to pay the docketing fee or to file a motion to proceed in forma pauperis in compliance with Fed. R. App. P. Rule 24(b), and ordered the petitioner’s attorney to pay a fine of $1,000. (Camacho-Valdez v. Garland, 4/6/22)
Practice Alert: Ohio Judge Issues Partial Injunction of Mayorkas Memo, but Prosecutorial Discretion Remains
On 3/22/22, Judge Newman of the Southern District of Ohio issued a nationwide preliminary injunction blocking certain applications of the Mayorkas Memo. This practice alert explains the decision and its effect on clients.
ICE Releases New Policies on Protections for Detained Noncitizens with Mental Disorders
ICE issued new policies for detainees with serious mental health disorders, including expanded access to counsel provisions such as ICE supporting the pre-scheduling of no-cost legal calls, access to forensic medical evaluations, and FOD/supervisory approval before a transfer is made.
CA8 Upholds Asylum Denial to Mexican Petitioner Whose Husband Disappeared While Fighting Organized Crime
The court held that the BIA did not err in determining that the Mexican petitioner, whose husband had disappeared while serving as a commander of a local auto-defense group that fought organized crime in their hometown, was not entitled to asylum. (Barrera Arreguin, et al. v. Garland, 4/4/22)
Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (Doyle Memorandum)
On April 3, 2022, ICE issued a memorandum, Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (Doyle Memorandum). The memo is effective April 25, 2022.
EOIR Adds ICOR Flyers to Part V of the Policy Manual
EOIR updated part V of the policy manual with ICOR flyers in English, Chinese, Haitian Creole, Portuguese, Punjabi, and Spanish.
USCIS Provides Guidance for Certain TPS Recipients with Orders of Removal or Deportation
USCIS issued guidance stating that some TPS recipients with an order of removal or deportation may be eligible to ask the ICE Office of the Principal Legal Advisor to consider joining in a Joint Motion to Reopen proceeding to terminate the removal or deportation order. More details are available.
CA9 Orders Rehearing En Banc of Diaz-Rodriguez v. Garland
The court ordered rehearing en banc and vacated its prior decision in Diaz-Rodriguez v. Garland, in which the court held that felony child endangerment in California was not a “crime of child abuse, child neglect, or child abandonment.” (Diaz-Rodriguez v. Garland, 4/1/22)
CA8 Upholds Denial of CAT Relief to Brothers Who Were Charged with Fraud in Bolivia and Had Warrants for Their Arrest
The court held that the IJ’s adverse credibility determination was supported by substantial evidence, and that petitioners had failed to show that their business partner was targeted for torture while in custody in Bolivia or that they would be as well. (Paredes Gonzales v. Garland, 4/1/22)
BIA Clarifies Matter of Eslamizar Regarding When a Proceeding Not Denominated as “Criminal” Can Result in a “Conviction”
BIA stated a finding of guilt in a proceeding that affords all the constitutional rights of criminal procedure that are applicable without limitation and are incorporated against the states under the 14th Amendment is a “conviction” under the INA. Matter of Wong, 28 I&N Dec. 518 (BIA 2022)
CA8 Says That BIA Did Not Err in Declining to Address IJ’s Adverse Credibility Finding as to Somalian Petitioner
Denying the petition for review, the court held that the BIA correctly determined that the IJ’s decision included an alternative determination that the petitioner’s claims for Convention Against Torture (CAT) relief would fail even if his testimony were believed. (Jama v. Garland, 3/30/22)
CA10 Remands Petitioner’s Asylum Claims After Finding Extensive Evidence of Widespread Violence Against Transgender Women in Honduras
The court held that the BIA erred in rejecting petitioner’s asylum claim based on a fear of future persecution, finding that any reasonable adjudicator would be compelled to find a pattern or practice of persecution against transgender women in Honduras. (Gonzalez Aguilar v. Garland, 3/29/22)
Legal Associations Call for Support of Real Courts, Rule of Law Act (H.R. 6577)
On March 29, 2022, the American Immigration Lawyers Association, the National Association of Immigration Judges, and the Federal Bar Association sent a letter to Congress urging support of the Real Courts, Rule of Law Act (H.R. 6577).
Representatives Urge DOJ to Restore Due Process to Removal Proceedings and Improve Docket Management Protocols
On March 29, 2022, Representative Pramila Jayapal (D-WA) led 40 lawmakers in calling on the DOJ to reduce the immigration court case backlog and address due process concerns, including by imposing restrictions on virtual hearings.
DHS and DOJ Interim Final Rule on Asylum Processing
DHS and DOJ interim final rule (IFR) on asylum processing. The IFR significantly changes the regulations governing the processing of asylum claims by individuals subject to expedited removal. The IFR is effective 5/31/22, and comments will be accepted until 5/31/22. (87 FR 18078, 3/29/22)
Fraihat Legal Team Provides Updated FAQ’s
The Fraihat legal team shared updated FAQs for attorneys and non-attorneys due to the case’s current posture. Notably, the original preliminary injunction authorizing release of certain individuals remains active at least through June 12, 2022.
Notice of EOIR Stakeholder Forum on Web-Based Initiatives
EOIR notice of a stakeholder forum in which EOIR will hear comments on the EOIR Courts & Appeals System (ECAS) and Immigration Court Online Resource (ICOR). The forum will be held via GoToWebinar on 3/30/22 at 2:00 pm (ET) and a RSVP is needed by 3/28/22 at 5:00 pm (ET). (87 FR 17336, 3/28/22)
EOIR to Host ECAS Information Sessions
EOIR will host two ECAS Information Sessions on March 31, 2022, first from 11 am to 12 pm (ET) and then from 2 to 3 pm (ET). RSVP to EngagewithEOIR@usdoj.gov by 5 pm (ET) on March 30 with the session you’d like to attend, names of attendees, your organization, and your email address.
ICE to Close Etowah Detention Center and Limit Use of Three Others
ICE announced the closure of Etowah County Detention Center in Gadsen, AL. ICE will also limit use of Glades County Detention Center, Winn Correctional Center, and Alamance County Detention Facility. Deficiencies such as poor medical services and staffing constraints were identified at all centers.
AILA Welcomes ICE Announcement to Close Etowah Detention Center
AILA welcomed the news that ICE will close the Etowah Detention Center in Alabama and limit the use of three other detention facilities across the country. AILA Policy Counsel Jennifer Ibañez Whitlock stated, “the next step as the wind down is implemented is the release of individuals.”
EOIR Announces 25 New Immigration Judges
EOIR announced the appointment of 25 new immigration judges (IJs) by Attorney General Merrick B. Garland. Biographical information has been provided for each of them. Individuals interested in immigration judge positions are invited to sign up for job alerts.
Asylum Changes from the Biden Administration Will Not Ensure Due Process as Required by U.S. Asylum Law
AILA and the Council responded to today’s release of an interim final rule related to asylum procedures with deep concern, noting that “the tight deadlines and rapid scheduling of hearings” will undoubtedly curtail due process and interfere with the ability to obtain legal representation.
CA4 Concludes That INA §237(a)(1)(H)(i)(I) Does Not Have a Living-Parent Requirement
Where the BIA had found that petitioner was ineligible for a waiver under INA §237(a)(1)(H)(i)(I) because his U.S. citizen father was no longer living, the court vacated the BIA’s decision, holding that the statutory text includes no living-parent requirement. (Julmice v. Garland, 3/23/22)
District Court Issues Nationwide Preliminary Injunction Partially Blocking DHS's Civil Immigration Enforcement Guidance
In a lawsuit filed by Arizona, Montana, and Ohio seeking to prevent DHS from implementing its September 30, 2021, civil immigration enforcement guidance, the U.S. District Court for the Southern District of Ohio enjoined and restrained DHS from enforcing or implementing Section II of the guidance.