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.
| Pre Jan 20, 2025 Status | Current Status |
|---|---|
|
|
|
|
|
|
|
|
|
|
Browse the Featured Issue: Representing Clients Before ICE collection
TRAC Data Finds ICE Now Monitors Record High Numbers of Immigrants on "Alternatives to Detention" Program
According to new data available through TRAC, ICE is now monitoring more than 136,000 immigrants on "Alternatives to Detention" (ATD) programs. ICE is now using SmartLink to monitor the bulk of immigrants enrolled in these programs.
Plaintiffs Subjected to “Remain in Mexico” Policy File Emergency Order Requesting Permission to Enter United States
Six asylum seekers with final removal orders who were previously subjected to the Migrant Protection Protocols (MPP) filed a request for a temporary restraining order to allow them to return to the United States. (Immigrant Defenders Law Center, et al. v. Mayorkas, et al., 11/2/21)
CA1 Upholds BIA’s Affirmance of IJ’s Adverse Credibility Determination Where There Were Numerous Inconsistencies in Petitioner’s Testimony
The court upheld the denial of asylum to the petitioner, holding that substantial evidence supported the IJ’s and BIA’s adverse credibility determination because inconsistencies in petitioner's testimony were cumulatively persuasive of a lack of credibility. (Mashilingi v. Garland, 11/2/21)
CA6 Remands Domestic Violence Asylum Case for Consideration in Light of Vacatur of Matter of A-B- I
The court vacated the BIA’s decision and remanded the case with the direction to consider whether groups pertaining to domestic violence are cognizable particular social groups in light of the vacatur of Matter of A-B- I. (Zometa-Orellana v. Garland, 11/2/21)
CA9 Finds IJ’s Denial of Continuance of Petitioner’s Merits Hearing Violated His Right to Counsel
Applying a fact-based inquiry, the court held that the IJ’s refusal to grant a continuance of the petitioner’s merits hearing deprived him of his right to counsel, and thus granted the petition for review. (Usubakunov v. Garland, 11/1/21)
DHS OIG Releases Report Assessing Medical Vacancies in ICE Detention Facilities
DHS OIG evaluated the causes and impacts of medical vacancies at ICE facilities. DHS found that vacancies may increase the risk of inadequate care, but that circumstances of COVID-19 limit the assessment of all costs and effects. DHS made five recommendations and ICE concurred.
Attorney General Garland Announces Restoration of Standalone Office for Access to Justice
Attorney General Garland announced the restoration of a standalone Office for Access to Justice, as part of a phased strategic plan to expand community access to justice.
AILA and Partners Send Letter to Biden Administration on Access to Counsel and Legal Representation
AILA and partners sent a letter to the Biden administration highlighting the host of obstacles to attorney access that exist in immigration detention facilities nationwide and make recommendations on ways to eliminate the barriers.
CA7 Upholds BIA’s Conclusion That Petitioner Did Not Face a Substantial Risk of Torture as a Recent Deportee
Upholding the denial of Convention Against Torture (CAT) relief, the court found that the BIA correctly held that the IJ did not make any factual or legal error in finding that the petitioner did not face a substantial risk of torture as a recent deportee. (Mabuneza v. Garland, 10/28/21)
EOIR/ICE Joint Liaison Committee Fall Meeting with ICE ERO and OPLA
AILA’s EOIR/ICE Joint Liaison Committee provides final questions and answers from its October 28, 2021, engagement with ICE ERO and OPLA. Topics include current detention policies, ICE/ERO check-ins, guidance from OPLA on prosecutorial discretion, and delayed filing of Notices to Appear.
ICE Releases Updated COVID-19 ICE Detainee Statistics
ICE provided updated statistics on COVID-19 in ICE detainees, by facility. As of November 16, 2021, there are 355 positive cases currently in custody among a total detainee population of 24,445.
EOIR/ICE Joint Liaison Committee Fall Meeting with EOIR
AILA’s EOIR/ICE Joint Liaison Committee provides minutes received from EOIR covering their October 28, 2021, engagement. Topics include EOIR’s plans for Webex, what jurisdiction applies post-ICE transfers, the number of non-LPR cancellation cases awaiting a decision, and more.
CA7 Upholds Denial of CAT Relief to Petitioner Who Claimed He Was Target in Mafia Extortion Scheme in Honduras
Where petitioner feared that the mafia would target him because he had just returned from the United States, the court upheld the denial of Convention Against Torture (CAT) relief, finding that he was not more likely to be tortured if returned to Honduras. (Pineda-Teruel v. Garland, 10/27/21)
DHS Issues Memo on Guidelines for ICE and CBP Enforcement in or Near Protected Areas
DHS issued a memo on ICE and CBP enforcement in or near protected areas, stating that enforcement actions should not restrain a noncitizen’s access to essential services, such as food, water, or medical attention. The memo lists protected areas and exceptions to use of the guidance.
EOIR Announces Appointment of 24 New Immigration Judges
EOIR announced Attorney Garland’s appointment of 24 new immigration judges, including four Assistant Chief Immigration Judges and two Unit Chief Immigration Judges. The memo provides a biography for each judge. They will join the newest BIA member, Appellate Immigration Judge Andrea Saenz.
DHS Secretary Strengthens Protections from Enforcement Actions for Sensitive Locations
AILA President Allen Orr welcomed the new sensitive locations memo from DHS Secretary Alejandro Mayorkas but noted, “Without accountability, ICE and other DHS agents will have the leeway to continue as they have under the previous administration. That would be disastrous and unacceptable.”
CA1 Finds That Six Months of Detention Under INA §236(c) Does Not Automatically Trigger Right to Bond Hearing
The court affirmed the district court’s ruling that there is no per se constitutional entitlement to a bond hearing before an IJ for noncitizens detained pursuant to INA §236(c) for more than six months pending the completion of removal proceedings. (Reid, et al. v. Donelan, et al., 10/26/21)
CA1 Remands for BIA to Assess Whether Petitioner’s Appeal Warrants Equitable Tolling of 8 CFR §1003.38(b)’s Filing Deadline
The court held that the BIA had failed to address the petitioner’s request to apply equitable tolling in determining whether her appeal was timely, and thus vacated the BIA’s dismissal of the petitioner’s appeal and remanded. (James v. Garland, 10/25/21)
ICE Revises Policy on Notification and Reporting of Detainee Deaths
Dated 10/25/21, ICE Directive 11003.5 revises certain responsibilities, including requiring Office of Detention Ombudsman be notified of a detainee death and allowing for potential additional review for deaths occurring within 30 days of detainee’s release. Supersedes previous directives on topic.
Biden Administration Rightly Removes Artificial Quotas for Immigration Judges
AILA welcomed news that the Biden administration has removed the artificial quotas imposed on immigration judges but urged further action to rescind other Trump-era policies which continue to undercut the integrity and independence of our immigration courts.
AILA and Partners Submit Amicus Brief on Divisibility of Idaho Controlled Substance Statute
AILA and partners submitted an amicus brief to CA9 in Juarez v. Garland requesting the court to conclude that Idaho Code § 37-2732(a)(1)(A) unambiguously compels the conclusion that Idaho Code § 37-2732(a)(1)(A) is indivisible as to the particular substance.
CA9 Reverses District Court’s Grant of Nationwide Preliminary Injunction Against ICE Detention Facilities in COVID-19 Lawsuit
The court reversed the district court’s grant of a preliminary injunction, finding that the plaintiffs did not provide evidence of constitutional and statutory violations on a programmatic, nationwide level to justify the extraordinary relief they requested. (Fraihat v. ICE, 10/20/21)
AILA Position on the Use of Virtual Hearings in Removal Proceedings
AILA takes the position that virtual hearings should generally only be used only at the respondent’s request given the serious due process concerns at stake in removal proceedings.
CA4 Strikes Down Matter of S-O-G- & F-D-B-
The court abrogated Matter of S-O-G- & F-D-B-, holding that 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii) unambiguously grant IJs and the BIA the general power to terminate removal proceedings. (Chavez Gonzalez v. Garland, 10/20/21)
AILA and Partners Submit Comments on Proposed Changes to Asylum Procedures
AILA, the Council, and Justice Campaign expressed support for the proposal to give asylum officers authority to grant asylum to migrants who pass credible fear interviews and attend hearings with their office but to abandon a proposed streamlined removal hearing.