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: EOIR Provides WebEx Links for Specific Courts and Immigration Judges
AILA alerts members that EOIR has added links for the “WebEx Information” for specific courts and immigration judges to its Operational Status Map as it implements remote hearings pursuant to its earlier January 10, 2022, announcement in response to the recent surge of COVID-19 cases.
Removal Proceedings in the Time of COVID
Jonathan Willmoth reflects on the COVID-19 pandemic's impact on court proceedings and the Biden administration's efforts to expand prosecutorial discretion, two areas he looks forward to learning more about at the upcoming AILA Virtual Midwinter Conference.
CA6 Finds Petitioner Forfeited Ineffective Assistance Claim Because He Failed to Comply with Third Lozada Requirement
The court held that BIA did not abuse its discretion in denying the motion to reopen based on ineffective assistance, finding that Matter of Lozada requires more than a statement that the noncitizen is “not interested” in filing a bar complaint.(Guzman-Torralva v. Garland, 1/13/22)
CA9 Holds That BIA Sufficiently Complied with Notice Requirements Applicable to a Minor in Immigration Proceedings
The court rejected the petitioner’s contention that, because she was actually a minor when she was released on her own recognizance without notice of her hearing to a reasonable adult, the notice provided her was inadequate. (Jimenez-Sandoval v. Garland, 1/13/22)
CA1 Holds That Irregularities in “Record of Sworn Statement” Lacked Sufficient Indicia of Reliability for Use in Assessing Credibility
In light of unexplained irregularities in the record, the court vacated the BIA’s denials of withholding of removal and relief under the Convention Against Torture (CAT) and remanded to the agency for further factfinding. (Bonilla v. Garland, 1/12/22)
AILA and Partners Submit Amicus Brief on Obstruction of Justice in the INA
AILA and partners submitted an amicus brief in Pugin v. Garland arguing that obstruction of justice within the meaning of 8 USC §1101(a)(43)(S) unambiguously requires intentional interference with an ongoing proceeding or investigation.
GAO Releases Report on Deferred Action for Childhood Arrivals (DACA)
GAO reviewed the extent to which USCIS shares information on DACA requestors and recipients with immigration enforcement agencies, finding that USCIS shared such information in fewer than 900 cases between June 2012 and June 2021. The report includes data on DACA adjudication outcomes and more.
Practice Alert: Respondent and Counsel Not Required to Be in Same Location During Remote Hearings
The ICE/EOIR Committee provides an update from EOIR in response to its announcement that starting on 1/10/22, it has postponed non-detained, non-represented cases hearings due to COVID. Respondents are not required to be in the same location as counsel.
EOIR Announces Suspension of All Standing Orders Through January 31, 2022
EOIR announced that the Chief Immigration Judge has suspended all standing orders through January 31, 2022, because of operational changes due to the ongoing pandemic. The EOIR website will be updated with information on the agency’s operation.
CA5 Says Government Rebutted Presumption of Future Persecution Based on Guatemalan Petitioner’s Sexual Orientation and Identity
The court held that because petitioner, who was homosexual and identified as transgender, had said that she could probably safely relocate in Guatemala, the BIA did not err in finding that the government had rebutted the presumption of future persecution. (Santos-Zacaria v. Garland, 1/10/22)
CA1 Remands for Reconsideration of Adverse Credibility Determination Where IJ and BIA Relied on Flawed “Gang Assessment Database”
On rehearing en banc, the court granted the petition for review, finding that IJ’s and BIA’s adverse credibility determination was not supported by substantial evidence, where the IJ had relied on a “Gang Assessment Database” that contained serious flaws. (Diaz Ortiz v. Garland, 1/10/22)
CA9 Finds Petitioner’s Conviction for Arson in California Was Not an Aggravated Felony
The court held that arson in violation of California Penal Code (CPC) §451 was not a categorical match to its federal counterpart, and thus that the petitioner’s conviction under CPC §451(b) was not an aggravated felony that rendered him removable. (Togonon v. Garland, 1/10/22)
CA4 Finds BIA Abused Its Discretion in Denying Continuance to Petitioner with Pending U Visa Application
Where the petitioner had a pending U visa application, the court held that the BIA abused its discretion in denying his motion for a continuance, finding that the BIA had departed from precedential opinions in holding that he had failed to show good cause. (Garcia Cabrera v. Garland, 1/6/22)
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 1/1/22, and ending 3/31/22, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.06 per centum per annum. (87 FR 802, 1/6/22)
Get Ready for Mandatory E-Filing with EOIR, Starting February 2022
EOIR has announced e-filing will become mandatory for all lawyers practicing before EOIR effective February 11, 2022. Mandatory e-filing comes with important changes that can help you get the work done, if you are ready for them. Get prepared with this tip from the Practice & Professionalism Center.
CA4 Finds That “Prosecution Witnesses” Is Not a PSG
The court agreed with the BIA that the Honduran petitioner’s proposed particular social group (PSG) of “prosecution witnesses” lacked particularity, and found no error in the BIA’s decision upholding the IJ’s adverse credibility finding as to petitioner. (Herrera-Martinez v. Garland, 1/5/22)
CA5 Upholds Withholding of Removal Denial to Petitioner with Felony Assault Conviction
The court affirmed the BIA’s determination that petitioner’s felony assault conviction was a particularly serious crime rendering him ineligible for withholding of removal, because he had failed to show how the alleged errors compelled reversal. (Aviles-Tavera v. Garland, 1/4/22)
CA5 Withdraws Prior Opinion and Issues Substitute Opinion in Parada-Orellana v. Garland
The court denied the petitioner’s petition for panel rehearing, withdrew its prior panel opinion of 8/6/21, and held that the BIA did not abuse its discretion by applying an incorrect legal standard when it denied petitioner's motion to reopen. (Parada-Orellana v. Garland, 1/3/22)
DHS OIG Report on ICE’s Medical Center at Irwin County Detention Center
DHS’s OIG reported that the medical processes and communication protocols at Irwin County Detention Center need improvement, as facility employees, ICE staff, and detainees were not kept consistently informed of COVID-19 protocols. DHS OIG made five recommendations; four are now closed.
Custody Redetermination Hearings and Material Change in Circumstances
AILA Law Journal author Matthew Boles shares some insights about researching and writing about custody redetermination and why he hopes his AILA Law Journal article on the subject can help other practitioners across the country advocate in front of immigration judges.
CA9 Declines to Rehear Bogle v. Garland En Banc
The court issued an order denying the rehearing en banc of Bogle v. Garland, in which the court held that the circumstance-specific approach applies to the 30-gram limit of INA §237(a)(2)(B)(i)’s personal-use exception. (Bogle v. Garland, 12/29/21)
CA1 Vacates District Court’s Class-Wide Injunction in Case Challenging Bond Procedures Under INA §236A
In a class action challenging bond procedures used to detain noncitizens during the pendency of removal proceedings under INA §236A, the court held that the district court lacked jurisdiction to issue an injunction in favor of the class. (Pereira Brito, et al. v. Garland, et al., 12/28/21)
Third Delay of Effective Date of Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal
USCIS and EOIR interim final rule further delaying until 12/31/22 the effective date of the final rule “Security Bars and Processing” (85 FR 84160, 12/23/20). Comments on the extension of the effective date as well as the possibility of a further extension are due 2/28/22. (86 FR 73615, 12/28/21)
AILA and Partners Submit Amicus Brief on the Interpretation of Child Endangerment
AILA and partners submitted a brief in Marquez v. Garland arguing that the Board’s interpretation reading of child abuse, child neglect, and child abandonment encompasses negligent child-endangerment and is overboard; thereby, the court should grant the petition for rehearing en banc.
CLINIC Provides Comparison Table of Prior and Current Versions of EOIR’s Immigration Court Practice Manual
CLINIC provides a comparison table that briefly summarizes some of the key changes between the prior version of the EOIR Immigration Court Practice Manual, published in February 2008, and the current version, released in December 2020.